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Senate committee approves House Bill 4538 to increase work‑zone fines after industry testimony

West Virginia Senate Infrastructure Committee · March 9, 2026
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Summary

The Infrastructure Committee voted to report House Bill 4538, which raises fines for traffic‑control violations and speeding in construction zones, after testimony from the Contractors Association citing recent work‑zone fatalities and safety concerns.

The Senate Infrastructure Committee moved House Bill 4538 forward after hearing counsel summarize the bill’s substantive changes and industry testimony urging stronger penalties in work zones.

Counsel said the bill increases fines for failing to obey traffic‑control instructions at or near street and highway construction work and raises penalties for speeding in a construction site, with incremental increases for first, second and subsequent convictions. Counsel also warned the statutory cross‑reference to the Electronic Distracted Driving Act could have the unintended effect of doubling penalties for serious offenses and that there was no fiscal note on file for the bill’s criminal penalties.

Jason Pizzatella, chief executive officer of the Contractors Association, testified the industry supports the bill and described three fatalities in the last two years where speed was a factor. “We are in full support of this bill,” Pizzatella told senators, saying enhanced fines and public awareness are parts of improving worker safety. Senators recounted local work‑zone incidents and expressed support for measures intended to protect roadside workers.

Without amendments, the vice chair moved that the engrossed committee substitute for House Bill 4538 be reported to the full Senate with a recommendation that it do pass; the chair declared the motion adopted. Senators asked counsel and industry to consider ways to avoid situations where flashing speed signs are active when no workers are present, and witnesses said jurisdictions could tweak practices to reduce unfair enforcement when work crews are not on site.

The bill advances to the Senate with a recommendation that it pass; the transcript records committee endorsement but not any floor action in this record.