West Virginia 2024 Regular Session Status: Passed House Of Delegates Bipartisan · 8 R · 1 D cosponsors

HB 5287 — Relating generally to traffic safety

Last action — Senate requests House to concur

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House of Delegates
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the House of Delegates. Introduced January 29, 2024. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 74% · high confidence

  • Passed House of Delegates

    Current position in the legislative process.

  • 11 sponsors

    1 primary, 10 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (8 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

7 added · 1 removed

Plain-language change summary

The amendment to Bill HB 5287 introduces specific exemptions for physicians responding to emergencies, allowing them to disregard certain traffic laws if their vehicles display an approved emblem. This change is important because it aims to improve response times for medical professionals during emergencies while still requiring them to drive safely and responsibly. Additionally, the bill clarifies the responsibilities of drivers approaching highway maintenance and disabled vehicles, imposing fines for non-compliance, which helps enhance road safety for all users.

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Previous
Latest
HB5287 SFAT Takubo #2 3-7Mowen  7888 Senator Takubo moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:Eng.
HB5287 SFA Takubo #2 3-7Mowen  7888 Senator Takubo moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
Com.
ARTICLE 2.
Sub.
OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS.
for House Bill 5287—A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-2-10, and to amend said code by adding thereto a new section designated §17C-14-16, all relating to traffic regulation;
§17C-2-10.
exempting certain physicians from specified traffic laws in emergency situations;
Physicians exempt from specified traffic laws when responding to emergency.
imposing requirements on drivers when approaching a highway maintenance vehicle or disabled vehicle;
(a) An allopathic or osteopathic physician traveling in response to an emergency call is exempt from the provisions of §17C-6-1, §17C-6-2, and §17C-6-3 of this code, if the vehicle used by the physician displays an emblem approved by the West Virginia Board of Medicine and the West Virginia Board of Osteopathic Medicine indicating that the vehicle is owned by the licensed physician and responding to an emergency call.(b) The provisions of this section do not relieve the physician from the duty to drive with due care for the safety of all persons using the highway, and they do not protect the physician from the consequences of acting in reckless disregard for the safety of others.
defining terms;
(c) The West Virginia Board of Medicine and West Virginia Board of Osteopathic Medicine shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq.
specifying penalties;
of this code, that set forth criteria for a physician to request an emblem from the respective boards, grounds to use the emblem, and an administrative penalty if the emblem is used in inappropriate circumstances.
and requiring rulemaking by the West Virginia Board of Medicine and West Virginia Board of Osteopathic Medicine.
ARTICLE 14.
 AdoptedRejected
MISCELLANEOUS RULES.
  §17C-14-16.
Approaching highway maintenance vehicles or disabled vehicles;
penalties.
(a) The driver of any vehicle approaching a highway maintenance vehicle or disabled vehicle shall:(1) Proceed with due care;(2) Yield the right-of-way by making a lane change not adjacent to that of the highway maintenance vehicle or disabled vehicle, if possible with regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle;
and (3) Reduce speed to a safe level for road conditions.(b) For purposes of this section:(1) "Disabled vehicle" means a motor vehicle that is stationary due to disability of the driver or because the motor vehicle is physically or mechanically incapable of being operated safely, which also displays a warning signal, such as emergency flashers, hazard lights, flares, or retroreflective warning sign.(2) "Highway maintenance vehicle" means a vehicle in use by the state, political subdivision, or contractor of the state or political subdivision, to maintain, repair, replace, construct, or otherwise improve public highways, bridges, facilities, or infrastructure located within a public right-of-way, which also displays a warning signal, such as flashing lights, hazard lights, flares, or retroreflective warning sign.(c) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100;
upon a second conviction within one year thereafter, shall be fined not more than $200;
and, upon a third or subsequent conviction within two years thereafter, shall be fined not more than $500.   AdoptedRejected
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Action History

  1. Senate requests House to concur

  2. Title amendment adopted

  3. Committee title amendment withdrawn by unanimous consent

  4. Passed Senate (Roll No. 449)

  5. Floor amendment adopted (Voice vote)

  6. Committee amendment withdrawn by unanimous consent

  7. Read 3rd time

  8. On 3rd reading with right to amend

  9. Read 2nd time

  10. On 2nd reading

  11. Read 1st time

  12. Immediate consideration

  13. Reported do pass, with amendment and title amendment

  14. To Transportation and Infrastructure

  15. To Transportation and Infrastructure

  16. Introduced in Senate

  17. Communicated to Senate

  18. Passed House (Roll No. 152)

  19. Read 3rd time

  20. On 3rd reading, Special Calendar

  21. Read 2nd time

  22. On 2nd reading, Special Calendar

  23. Read 1st time

  24. On 1st reading, Special Calendar

  25. By substitute, do pass

  26. To House Technology and Infrastructure

  27. Introduced in House

  28. To Technology and Infrastructure

  29. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 10 co-sponsors · 141 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (10)

Not signed on (141)

141 members have not signed on to this bill.

Show all 141 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 17000
Republican 15001
Democrat 1000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
JEFFRIES — Yea
SMITH — Yea
MR PRESIDENT — Yea
MARONEY — Yea
STOVER — Yea
MARTIN — Yea
STUART — Yea
BOLEY — Yea
SWOPE — Yea
CAPUTO — Yea
NELSON — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
HAMILTON — Yea
HUNT — Yea
KARNES — Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Ben Queen Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Not Voting
Vince Deeds Republican Yea

Official roll call →

PASSAGE

Passed 97 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 66000
Democrat 7100
Unaffiliated 24002
Total 97102
% of votes cast 97%1%0%2%
How each member voted (100)
Member Party Vote
Ross — Yea
Kirby — Yea
Rowe — Yea
Forsht — Yea
Foster — Yea
Linville — Yea
Longanacre — Yea
Smith — Yea
Steele — Yea
Griffith — Yea
Martin — Yea
Hamilton — Yea
Summers — Yea
Tully — Yea
Nestor — Yea
Warner — Yea
Phillips — Yea
Westfall — Yea
Devault — Yea
Householder — Yea
Winzenreid — Yea
Espinosa — Yea
Jeffries — Yea
Fast — Yea
Hardy — Not Voting
Kump — Not Voting
Evan Hansen Democrat Yea
Hollis Lewis Democrat Yea
Joey Garcia Democrat Yea
John Williams Democrat Yea
Kayla Young Democrat Nay
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Yea
Bryan Ward Republican Yea
Charles Sheedy Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Darren Thorne Republican Yea
Dave Foggin Republican Yea
David Green Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Henry Dillon Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
John Paul Hott Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Yea
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Yea
Patrick Lucas Republican Yea
Phil Mallow Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Vacant1 Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 5287?
HB 5287 is sponsored by George Miller (Republican), Joey Garcia (Democrat), Jeff Campbell (Republican), Steele, Rick Hillenbrand (Republican), Geno Chiarelli (Republican), Walter Hall (Republican), Jordan Maynor (Republican), Clay Riley (Republican), Linville, and Jarred Cannon (Republican).
What is the current status of HB 5287?
This bill has passed the House of Delegates. Introduced January 29, 2024. It now moves to the second chamber.
Where can I track HB 5287?
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Last checked for changes 3 months ago · updated continuously

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