Committee advances bill changing WV 811 response window and civil penalties after hundreds of unpaid citations
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Summary
The committee advanced House Bill 4464 to modify the WV 811 one-call response-time calculation, permit monetary penalties and liens for repeat violations, and clarify appeals; counsel told the committee there were 407 citations in 2024–25 and over 200 remained unpaid, prompting the changes.
The Committee on Government Organization voted to report House Bill 4464 to the full Senate with a recommendation that it pass. Counsel told the committee the bill would change the timing for the 48-hour operator response window under West Virginia’s one-call (WV 811) system to begin at midnight of the day following a call, permit operator-excavator agreements to extend response time, and allow the Underground Facilities Damage Prevention Board to assess monetary penalties for second or subsequent violations and to place liens for unpaid penalties.
Counsel said the board’s final orders on citations would be filed with the intermediate court of appeals consistent with the Administrative Procedures Act and emphasized that liens and monetary penalties are permissive tools, not mandatory sanctions. Counsel also provided a factual basis for the change: “In 2024 and 2025 combined, there were 407 citations issued for violations related to the 1 call program. More than 200 of those went unpaid,” he said, and noted that online education classes tied to initial steps were often not taken.
The vice chair moved to report the bill; the motion carried on a voice vote and the bill will be reported to the full Senate for further consideration.
The amendments are aimed at improving enforcement options and collection mechanisms for repeat violators while preserving appeal rights under administrative law.