Legislation that might affect you

by Daren Adkins, Judge

QUESTION: I heard the General Assembly changed many laws this year. Could you summarize some of the changes that we should know about?

ANSWER: Every year the General Assembly repeals and enacts hundreds of pieces of legislation. This year is no different. This is the first of three articles which will discuss some of the provisions that might affect you.

Abortion Provisions — Section 188.039 RSMo. regarding abortions has been amended to clarify what constitutes a “medical emergency” and requires a 24-hour waiting period in all non-emergency cases before the abortion. Section 188.043 RSMo. requires that any person performing abortions in this state shall maintain medical malpractice insurance.

Conceal and Carry Provisions — Section 571.094 RSMo. deals with the conceal and carry permits and the issuance thereof. This provision is too extensive to list here. A copy of this section is available upon request at this office.

Limitation of Liability of Towns for Fairs/Festivals — Section 537.550 RSMo. is new and allows counties, cities, and villages with 10,000 inhabitants or less to conduct fairs, festivals, or similar gatherings with immunity from civil liability for any injury or death of any person attending the event if signs are posted at the entrances to the event.

Glass Containers Prohibited in Canoe/Inner-tubes on Navigable Waterways — Section 306.325 RSMo. prohibits the use of any glass container for beverages by any person in a canoe, inner-tube, or other vessel easily susceptible to swamping, tipping or rolling, on any waterway of the State, and further requires that such person carry and affix to the vessel a container or bag that can be closed or sealed for the deposit of refuse.

Health insurance plans to provide coverage for mental health conditions — Section 376.1550 RSMo. effective January 1, 2005, requires that all health insurance plans provide coverage for mental health conditions on the same terms as any other medical treatment.

Identity Theft Provisions and Penalties — Sections 570.223, 570.224, and 575.120 RSMo. clarify the crimes of identity theft, trafficking in stolen identities, and false impersonation. These provisions also provide criminal penalty provisions and civil damages to the victim for violations of these statutes.

Higher Education Deposit Program Creation — Sections 166.435-557 RSMo. create the Missouri Higher Education Deposit Program. This program is a non-exclusive alternative to the Missouri Higher Education Savings Program many of you may be familiar with. Note, however, that there are limitations on the amounts that may be placed in either or both of these higher education savings/deposit programs.