SB 585 — Relating to Cohen Craddock Student Athlete Safety Act

CS for SB 585 WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Committee Substitute for Senate Bill 585 ByBYS SenatorsENATORS Stuart,STUART, Helton,ELTON Jeffries,, Morris,EFFRIE, Oliverio,MORRIS, Phillips,O Rose,LIVERI, Rucker,HILLIP, Taylor,ROSE, Clements,UCKER and, TakuboAYLOR, LEMENTS , T AKUBO,AND DEEDS [Reported March 6,28, 2025, from the Committee on Finance] CS for CS for SB 585 A BILL to amend the Judiciary;Code of West Virginia, 1931, as amended, by adding a new article, designated §18-36-1, §18-36-2, §18-36-3, §18-36-4, §18-36-5, §18-36-6, and §18-36-7, relating to school student athlete safety;

and then to the Committee on Finance] CS for SB 585 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §18-36-1, §18-36-2, §18-36-3, §18-36-4, §18-36-5, and §18-36-6, relating to school student athlete safety;

providing for a short title;

and creating the Cohen Craddock Memorial Grant Fund.Fund;

and providing a sunset date.

Short Title;title;

(a) This article shall be known, and may be cited as, the "CohenCohen Craddock Student Athlete Safety Act."Act. (b) The Legislature hereby finds that:

(b) The Legislature hereby finds that:

CS for CS for SB 585 (4) Professional sports leagues and collegiate sports teams have increasingly used modern safety equipment to enhance the safety of their athletes;

1 CS for SB 585 (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 mandatory use of impact reducing soft-shell helmet covers during training camp and regular- season practices;

"Advisory Committee"committee" means the Student Athlete Safety Advisory Committee;

"Grant Program"program" means the Cohen Craddock Memorial Grant Program;

and "Student Athletes"athletes" means all students participating in any interscholastic sport at a high school or middle school in West Virginia.Virginia;

and “Superintendent” means the West Virginia Superintendent of Schools.

(b) The Advisoryadvisory Committeecommittee shall be composed of the following nine members:

(1) The Superintendent,superintendent, or his or her designee who shall chair the Advisoryadvisory Committee;committee;

CS for CS for SB 585 (3) The Director of the West Virginia University Rockefeller Neuroscience Institute, or his or her designee;

(5) The Dean of the Marshall University College of Health Professions, or his or her 2 CS for SB 585 designee;

and (6) Four additional individuals appointed by the Governor who have a background in athletic training, sports medicine, or otherwise possess an expertise in athletic safety protocols or equipment.equipment:

(c)Provided, TheThat Advisorytwo Committeeof hasthe four individuals appointed by the followingGovernor duties:shall be certified and licensed athletic trainers within the state.

(c) The advisory committee has the following duties:

CS for CS for SB 585 (d) The Advisoryadvisory Committeecommittee shall meet at least once annually but may meet anytime upon being convened by the chair.

Members of the Advisoryadvisory Committeecommittee are eligible for reimbursement for travel and other expenses incidental to the performance of their duties.

(a) ToEffective the greatest extent practicable as permitted by the availability of grant funding, effective July 1, 2026, student athletes in West Virginia participating in a school organized football practice shall use an impact reducing soft-shell helmet cover while wearing a football helmet.

The 3 CS for SB 585 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:helmet.

Provided, That the requirements of this subsection shall become permissive should grant funding for the purchase of soft-shell helmet covers not be available.

(c) On an annual basis, the Studentadvisory Athletecommittee Safety Advisory Committee 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.department.

(d) If a 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 advisory committee that acquiring the required soft-shell helmet covers would impose an undue hardship.

Upon review of the certification, the advisory committee may exempt that particular school from the requirements of subsection (a) of this section until the following football season.

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 CS for CS for SB 585 damage the football helmet;helmet:

4 CS for SB 585 (a) The Cohen Craddock Memorial Grant Program is hereby established.

The Grantgrant Programprogram shall be administered by the Department.department.

The Departmentdepartment shall provide application forms and procedures to administer the grant.

(b) Schools or county boards of education may apply to the Grantgrant Programprogram for funding to cover all or some of the costs associated with procuring safety equipment covered by this article or recommended by the Advisoryadvisory Committee.committee.

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

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

(2) The Fundfund 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,department, CS for CS for SB 585 political subdivisions, and any private entity may engage in fundraising efforts to solicit donations to the Fund;fund;

(3) Any moniesmoneys remaining in the Fundfund atmay thebe endinvested ofand the fiscalfund yearmay shallretain notany revertincome tofrom thesuch generalinvestments; revenue but shall remain in the Fund solely for the purposes stated in this article;

and (4) TheAny moneys accruedremaining in the Fund,fund anyat earningsthe thereon,end andof anythe yieldsfiscal fromyear investmentsshall bynot therevert Stateto Treasurerthe orgeneral Westrevenue Virginiabut Investmentshall Managementremain Boardin arethe reservedfund solely and exclusively for the purposes setstated forth in this subsection.article;