New Laws Effective January 1

Five laws came into effect on January 1, 2012. Desc riptions of the laws from the Digest of Bills are as follows:

H.B. 11-1100 Military education, training, and service experience credit for license and certification The act requires the director of the division of registrations and the state examining and licensing boards to accept education, training, or service completed by an applicant for licensure or certification while serving in the military toward the qualifications required to receive the license or certification.

H.B. 11-1146 Property tax – definition of agricultural land – exclusion of up to 2 acres of land associated with a residential improvement unless residence integral to agricultural operation on the land – satisfaction of TABOR. The act amends the existing statutory definition of agricultural land for purposes of property tax to exclude up to 2 acres of land associated with a residential improvement located on such agricultural land unless the residence is integral to an agricultural operation conducted on the land.

A residential improvement is deemed to be “integral to an agricultural operation” if an individual occupying the residential improvement either regularly conducts, supervises, or administers material aspects of the agricultural operation or is the spouse or a parent, grandparent, sibling, or child of the individual.

In the case of a district that has not obtained voter approval to retain and spend revenues in excess of the fiscal year spending and property tax revenue limits imposed on the district by TABOR sufficient to allow the retention of all additional property tax revenues and that has determined that the modification of the definition of “agricultural land” will cause a net property tax revenue gain to the district sufficient to cause the district to exceed such limits, the district is permitted to place before the voters of the district at an appropriate election the question of whether the district may retain and spend revenues in excess of the limits imposed on the district by TABOR sufficient to allow the retention of the net property tax revenue gain. If a majority of the voters of the district fail to approve the ballot issue, or if no ballot issue has been submitted to the voters, the district is required to adjust the number of mills levied by the district to eliminate any net property tax revenue gain to the district resulting from the modification of the definition of “agricultural land”.

Any person who objects to the application of the term “integral to an agricultural
operation” to their property and whose objections or protests have been denied by the county
assessor to submit a petition for appeal to the county board of equalization.

H.B. 11-1186 Health insurance – reimbursement of providers – acupuncturists. Currently, when an insurance policy or plan provides for reimbursement for services performed by certain health care providers licensed to perform the services, a health insurance carrier cannot deny reimbursement when the services are performed. The act adds licensed acupuncturists to the list of health care providers that cannot be denied reimbursement.

S.B. 11-034 Child abuse and neglect – mandatory reporters – W.I.C. educators. The act adds educators who provide services through a federal special supplemental nutrition program for women, infants, and children (W.I.C. educators) to the list of persons required to report child abuse or neglect.

S.B. 11-040 Health – youth athletic activities – concussion management – coach required education. The act creates the “Jake Snakenberg Youth Concussion Act”. Each public and private middle school, junior high school, or high school and each private club or recreation facility is directed to require each coach with primary supervisory responsibility for a youth athletic activity to complete an annual concussion recognition education course. The education course must include:

 

• Information on how to recognize the signs and symptoms of a concussion;
• The means of obtaining proper medical attention for a person suspected of having a concussion; and
• Information on the nature and risk of concussions.

If the coach suspects that a youth athlete has sustained a concussion, the coach must immediately remove the youth athlete from a game, competition, or practice. Unless the signs or symptoms of a concussion can be readily explained by another condition, the youth athlete is not permitted to return to any supervised team activities involving physical exertion, including games, competitions, or practices, unless the youth athlete has been evaluated by a health care provider and has received written clearance to return to play from the health care provider.

A doctor of chiropractic with training and specialization in concussion evaluation and management is allowed to evaluate and provide clearance to return to play for an athlete who is part of the United States olympic training program. A registered athletic trainer may be permitted to manage the graduated return to play after the concussed athlete has received clearance to return to play from a health care provider.

The act does not abrogate or limit the existing immunities that apply to public entities and public employees, volunteers and board members, and ski operators. A youth athletic activity includes an organized athletic activity where the majority of the participants are 11 years of age or older and under 19 years of age.