SB866 SFA MARTIN #1 4-12

Hager 7871

Senator Martin moved to amend the House of Delegates amendment on page 4, section 25a, after line 71, by striking out the remainder of the bill and inserting in lieu thereof the following:

(9) A requirement that, beginning on July 1, 2026, any interscholastic athlete participating in a school organized football practice shall use an impact reducing soft-shell helmet cover while wearing a football helmet. The impact reducing soft-shell helmet cover shall be attached to a student athlete’s football helmet at all times when participating in any activity with a likelihood of collision or during any practice activity which the student athlete would regularly be expected to use a football helmet. The requirement required by this subdivision shall be subject to the following:

(A) Football helmets that exceed the safety profile of a football helmet with the soft-shell helmet cover attached are exempt from the requirements of subsection (a) of this section.

(B) On an annual basis, the Department of Education shall determine which football helmets exceed the safety profile of a football helmet with the soft-shell helmet cover attached and shall publish, or otherwise make available, a list of those helmets on the website of the Department of Education.

(C) If a member school does not have access to sufficient grant funding or other funds to cover the costs associated with the acquisition of impact reducing soft-shell helmet covers, then that particular school may certify to the Department of Education that acquiring the required soft-shell helmet covers would impose an undue hardship. Upon review of the certification, the Department of Education may exempt that particular school from the requirements of this subsection until the following football season.

(D) The provisions of this subdivision shall terminate on July 1, 2030, unless there is action by the Legislature to extend the provisions beyond that date.

(e) The use of an impact reducing soft-shell helmet cover with a football helmet in compliance with §18-2-25a(d)(9) of this code shall not void or limit any football helmet manufacturer or dealer’s express or implied warranty that may otherwise apply to the football helmet: Provided, That the impact reducing soft-shell helmet cover attaches to the football helmet in a manner that does not modify the components of or otherwise damage the football helmet: Provided, however, That one or more helmet manufacturers has certified that the impact reducing soft-shell helmet cover is acceptable for use.

(f) A football helmet manufacturer, dealer, or any other entity that assigns safety certifications to football helmets may not revoke a safety certification or guarantee associated with a football helmet due to the use of an impact reducing soft-shell helmet cover in compliance with §18-2-25a(d)(9): Provided, That the impact reducing soft-shell helmet cover attaches to the football helmet in a manner that does not modify the components of or otherwise damage the football helmet; Provided, however, That one or more helmet manufacturers has certified that the impact reducing soft-shell helmet cover is acceptable for use.

(g) The Cohen Craddock Memorial Grant Program is hereby established to provide support for the provision of safety equipment required by this section. The grant program shall be administered by the Department of Education. The department shall provide application forms and procedures to administer the grant.

(1) Member schools may apply to the grant program for funding to cover all or some of the costs associated with procuring safety equipment required by this section.

(2) The department shall set the amount of grants based on the funds available, and grants shall be issued by the department on a first-come-first-serve basis.

(3) There shall be created in the State Treasury a special revenue fund designated the Cohen Craddock Memorial Grant Fund, subject to the following:

(A) The fund shall be administered by the department, and expenditures from the fund shall be made for the sole purpose of providing grants authorized by this section;

(B) The fund shall consist of moneys appropriated by the Legislature, moneys received from the federal government, and moneys received from private donations, grants, bequests, and all other moneys received from all sources for the purposes stated herein. The department, political subdivisions, and any private entity may engage in fundraising efforts to solicit donations to the fund;

(D) Any moneys remaining in the fund at the end of the fiscal year shall not revert to the general revenue but shall remain in the fund solely for the purposes stated in this article; and

(E) The moneys accrued in the fund, any earnings thereon, and any yields from investments by the State Treasurer or West Virginia Investment Management Board are reserved solely and exclusively for the purposes set forth in this subsection.

(e) (h) Any member school not complying with the requirements of this section, and rules promulgated thereof, shall be subject to the disciplinary actions ordered by the West Virginia Secondary School Activities Commission: Provided, That the West Virginia Secondary School Activities Commission shall promulgate rules to establish guidelines for noncompliance and related disciplinary actions: Provided, however, That prior to state board approval and notwithstanding the exemption provided in §29A-1-3 of this code, the state board shall submit the rule to the Legislative Oversight Commission on Education Accountability pursuant to §29A-3B-9 of this code.

Adopted

Rejected