SB 196 — Relating generally to liability insurance coverage for board of education

CS for SB 196 WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee FISCALSubstitute for Senate Bill 196 NOTE By Senator Weld [Introduced[Reported January 14,30, 2026;2026, from the Committee on Education] CS for SB 196 A BILL to amend and reenact §18-5-19d of the Code of West Virginia, 1931, as amended, relating to changing the minimum amount of insurance that a person, organization, or association using school property for a community activity must maintain in order for the specified limitation of liability for county boards of education to apply;

referred to the Committee on Education;

and then to the Committee on Finance] Intr.

SB 196 2026R1957 A BILL to amend and reenact §18-5-19d of the Code of West Virginia, 1931, as amended, relating to changing the minimum amount of insurance that county boards of education must maintain in order for the specified limitation of liability to apply;

CS for SB 196 (B) The contract of insurance provides for the payment of any attorney fees, court costs, and other litigation expenses incurred by the board in connection with any claim, demand, action, suit, or judgment arising from such alleged negligence or other act;

and Intr.(C) The insurance coverage is in the amounts specified in the provisions of section five-a, article twelve, chapter twenty-nine of this code.

SB 2026R1957 (C) The liability insurance coverage is in thean amountsamount specifiedof innot theless provisionsthan of$1 sectionmillion five-a,for articleeach twelve,occurrence chapterand twenty-nineexcess coverage of thisat code.least $5 million for each occurrence is also obtained.

Liability insurance coverage in an amount of not less than $1 million for each occurrence as well as excess coverage of at least $5 million for each occurrence.

(4) As used in this subsection, "organization" or "association" means a bona fide, not for profit, tax-exempt, benevolent, educational, philanthropic, humane, patriotic, civic, eleemosynary, incorporated or unincorporated association or organization or a rescue unit or other similar volunteer community service organization or association, but does not include any nonprofit association or organization, whether incorporated or not, which is organized primarily for the 2 CS for SB 196 purposes of influencing legislation or advocating or opposing the nomination, election, or defeat of any candidate, or the passage or defeat of any issue, thing, or item to be voted upon.

2(b) Intr.In addition to the liability protection for organized use outlined in this section, county boards are not liable for any loss or injury arising from the use of school property made available for unorganized recreation.

SB 2026R1957 (b) In addition to the liability protection for organized use outlined in this section, county boards are not liable for any loss or injury arising from the use of school property made available for unorganized recreation.

NOTE:

The purpose of this bill is to change the minimum amount of insurance that county boards of education must maintain.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.