SB585 H HHR AM #1 Willis
Sargent 3380
Delegate Willis moved to amend the bill on page 1, after the enacting clause by striking out the remainder of the bill and inserting, in lieu thereof, the following:
ARTICLE 36. COHEN CRADDOCK STUDENT ATHLETE SAFETY ACT.
§18-36-1. Short title; findings.
(a) This article shall be known, and may be cited as, the Cohen Craddock Student Athlete Safety Act.
(b) The Legislature hereby finds that:
(1) Student athletes face varying risks of injury, including concussions, heat-related illnesses, and cardiac events, which warrant the continual evaluation of safety protocols and equipment standards by the West Virginia Secondary School Activities Commission (WVSSAC);
(2) Repeated head collisions, even with protective helmets, can cause trauma and concussions that have long-term cognitive and neurological effects, making it essential that reasonable safety measures are used;
(3) The evolution and availability of sport-specific safety equipment is constantly evolving and should be consistently monitored by the WVSSAC;
(4) Professional sports leagues and collegiate sports teams have increasingly allowed the use of modern safety equipment to enhance the safety of their athletes;
(5) The National Football League recorded the fewest number of concussions during the 2024 season, which the National Football League’s Chief Medical Officer attributed, in part, to the use of impact reducing soft-shell helmet covers during training camp and regular-season practices; and
(6) The WVSSAC should consult with medical experts and athletic leaders to help ensure that student athletes across West Virginia have knowledge of and access to modern and necessary safety equipment for athletic activities.
As used in this article, the following terms have the meanings ascribed unless the context clearly indicates a different meaning:
"Department" means the West Virginia Department of Education;
"Fund" means the Cohen Craddock Memorial Grant Fund;
"Grant program" means the Cohen Craddock Memorial Grant Program;
"Student athletes" means all students participating in any interscholastic sport at a high school or middle school in West Virginia; and
“Superintendent” means the West Virginia Superintendent of Schools.
(a) Effective July 1, 2026, student athletes in West Virginia participating in a school organized football practice may 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.
§18-36-4. Cohen Craddock Memorial Grant Program; fund established.
(a) The Cohen Craddock Memorial Grant Program is hereby established. The grant program shall be administered by the department. The department shall provide application forms and procedures to administer the grant.
(b) Schools or county boards of education may apply to the grant program for funding to cover all or some of the costs associated with procuring safety equipment covered by this article or recommended by the advisory committee.
(c) 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.
(d) There shall be created in the State Treasury a special revenue fund designated the Cohen Craddock Memorial Grant Fund as follows:
(1) 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;
(2) The fund shall consist of 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;
(3) Any moneys in the fund may be invested and the fund may retain any income from such investments;
(4) 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
(5) 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.
§18-36-5. Sunset date.
The provisions of this article shall terminate on July 1, 2030, unless there is action by the Legislature to extend the provisions beyond that date.
Adopted
Rejected