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Lord God, You never forget any of Your people. Give us the vision and the discipline to think that way. Help us to give steady attention to the common good. As we listen to one another, and as we take our stand, as we study and research the issues, guide us to keep in focus what is best for the common good.

Holy Lord, while You never forget any of Your people, at the same time You have a special concern for the poor. We have poor children, the disabled poor, the elderly poor, and the working poor. As we work for the common good, give us a special concern, even an affection, for the poor.

When we never forget any of the people, and when we take special care of the poor, our work is godly. Today, O Lord, and every day, may our work be godly and may we be godly.

The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Ericka Sayler, Billy Johnson, Allison Monnig, Jared Henderson, Rudy Jovanovic, Derek Walling, Chanel Mosley, Rachel Franck, Brenton Miller, Terry Smith, John Hayes, Grant Oserowsky, Alex Oserowsky, Charmmura Henderson and Quenasha Gray.

The Journal of the thirtieth day was approved as corrected by the following vote:

HB 1601, introduced by Representatives Purgason, Kelly (144), Luetkemeyer, Dethrow, Crowell and Cooper (155), relating to the county sheriff's revolving fund.

HB 1602, introduced by Representatives St. Onge, Kratky, Johnson (47), Byrd, Rector, Townley, Willoughby and Engler, relating to environmental regulation.

HB 1603, introduced by Representative Lager, for the sole purpose of the republication of 135.766.

HB 1604, introduced by Representatives Bean, Swinger, Myers, Mayer, Reinhart, Henke, Harris (110), Bringer, Witte, Davis (122), Shoemyer, Barnitz, Seigfreid, Black and Kuessner, relating to cotton liens.

HB 1605, introduced by Representatives Bean, Kingery, Cooper (155), Schaaf, Bough, Miller, Reinhart, Swinger, Mayer, King, Townley, Kuessner and Wallace, relating to the nursing student loan programs.

HB 1606, introduced by Representatives Dougherty, LeVota, Young, Salva, Wildberger and Dusenberg, relating to first responder training requirements.

HB 1607, introduced by Representatives Hobbs, Rector and Emery, relating to nuisance abatement.

HB 1608, introduced by Representative Dougherty, to authorize the conveyance of property owned by the state in the county of Jackson.

AMEND House Substitute for House Committee Substitute for House Bill No. 1304, Page 21, Line 12, by inserting after the last word in said section the following:

“408.040. 1. Interest shall be allowed on all money due upon any judgment or order of any court from the day of rendering the same until satisfaction be made by payment, accord or sale of property; all such judgments and orders for money upon contracts bearing more than nine percent interest shall bear the same interest borne by such contracts, and, except as provided by subsection 3 of this section, all other judgments and orders for money shall bear nine percent per annum until satisfaction made as aforesaid.

2. In tort actions, if a claimant has made a demand for payment of a claim or an offer of settlement of a claim, to the party, parties or their representatives, and to such party’s liability insurer if known to the claimant, and the amount of the judgment or order exceeds the demand for payment or offer of settlement, then prejudgment interest, [at the rate specified in subsection 1 of this section, shall] may be awarded, calculated from a date [sixty] ninety days after the demand or offer was [made] received, as shown by the certified mail return receipt, or from the date the demand or offer was rejected without counter offer, whichever is earlier. [Any such demand or offer shall be made in writing and sent by certified mail and shall be left open for sixty days unless rejected earlier.] In order to qualify as a demand or offer pursuant to this section, such demand must:

(2) Be accompanied by an affidavit of the claimant describing the nature of the claim and theory of liability, the nature of any injuries claimed and a computation of any category of damages sought by the claimant with supporting documentation; and

(3) For personal injury and bodily injury claims, be accompanied by a list of the names and addresses of medical providers who have provided treatment to the claimant for such injuries, copies of all medical bills, a list of employers if the claimant is seeking damages for loss of wages or earnings, and written authorizations sufficient to allow the party, its representatives, and liability insurer if known to the claimant to obtain records from all employers and medical care providers; and

If the claimant is a minor or incompetent or deceased, the affidavit may be signed by any person who reasonable appears to be qualified to act as next friend or conservator or personal representative. If the claim is one for wrongful death, the affidavit may be signed by any person qualified pursuant to section 537.080, RSMo, to make claim for the death. The trial court, in its discretion, shall determine whether prejudgment interest is awarded. Nothing contained herein shall limit the right of a claimant, in actions other than tort actions, to recover prejudgment interest as otherwise provided by law or contract.

3. Notwithstanding the provisions of subsection 1 of this section, in tort actions, a judgment for prejudgment interest awarded pursuant to subsection 2 of this section and post judgment interest should bear interest at a per annum interest rate equal to the coupon issue yield equivalent, as determined by the Federal Reserve Board, of the average accepted auction price for the last auction of the two-year United States Treasury Notes settled immediately prior to the date of the judgment. The judgment shall state the applicable interest rate. The state courts administrator shall distribute notice of such rate and any changes in such rate to the circuit clerks of all circuit courts in Missouri.".

The hour of recess having expired, the House was called to order by Representative Shoemaker.

HB 1609, introduced by Representatives Fraser, Walker, Sager, Harris (110), Selby and Riback Wilson (25), relating to mercury emission.

HB 1610, introduced by Representative Ward, relating to the Trooper Jesse R. Jenkins Memorial Highway.

HB 1611, introduced by Representatives Dethrow, Schlottach, Wilson (119), Wasson, Richard, Kingery, Engler, Selby and Lembke, relating to motor vehicle registrations.

HB 1612, introduced by Representative Bringer, to authorize the conveyance of property owned by the state in the county of Marion to the city of Hannibal.

HB 1613, introduced by Representatives Morris, Roark, Holand, Bough, Emery, Wilson (119), Wood, Cunningham (145), Goodman, Wasson, Angst and Wright, to authorize the conveyance of property in the county of Green owned by the board of governors of Southwest Missouri State University.

HB 1614, introduced by Representatives Holand and Riback Wilson (25), relating to the repeal of the expiration date for certain mental health insurance statutes.

HCS HB 1304, with House Amendment No. 1, and HS, pending, relating to tort reform, was again taken up by Representative Byrd.

AMEND House Substitute for House Committee Substitute for House Bill No. 1304, Section 538.210, Page 16, Line 4, by deleting the word “four” and inserting in lieu thereof the word “two”; and

Representative Yates offered House Substitute Amendment No. 1 for House Amendment No. 2.

AMEND House Substitute for House Committee Substitute for House Bill No. 1304, Section 538.210, Page 16, Line 4, by deleting said line and inserting in lieu thereof the following:

Representative Pratt offered House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 2.

AMEND House Substitute Amendment No. 1 for House Amendment No. 2 to House Substitute for House Committee Substitute for House Bill No. 1304, Section 538.210, Page 16, Line 4, by deleting the brackets around the word “fifty”.

On motion of Representative Pratt, House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 2 was adopted by the following vote:

AYES: 082

Angst	Baker	Bean	Bearden	Behnen
Bivins	Black	Bough	Brown	Bruns
Byrd	Cooper 120	Cooper 155	Crawford	Crowell
Cunningham 145	Cunningham 86	Davis 19	Deeken	Dempsey
Dethrow	Dixon	Dusenberg	Emery	Engler
Ervin	Fares	Goodman	Guest	Hobbs
Hunter	Icet	Jackson	Jetton	Johnson 47
Kelly 144	King	Kingery	Lager	Lembke
Lipke	Luetkemeyer	May	Mayer	Miller
Moore	Morris	Munzlinger	Myers	Nieves
Page	Pearce	Phillips	Portwood	Pratt
Purgason	Quinn	Rector	Reinhart	Richard
Roark	Ruestman	Sander	Schaaf	Schlottach
Self	Shoemaker	Smith 118	Smith 14	St. Onge
Stefanick	Stevenson	Sutherland	Threlkeld	Townley
Viebrock	Wasson	Wilson 119	Wilson 130	Wood
Yates	Madam Speaker

NOES: 073

Abel	Barnitz	Bishop	Bland	Bringer
Brooks	Burnett	Campbell	Carnahan	Corcoran
Curls	Darrough	Daus	Davis 122	Donnelly
Dougherty	El-Amin	Fraser	George	Graham
Green	Hampton	Harris 110	Harris 23	Haywood
Henke	Hilgemann	Hoskins	Hubbard	Johnson 61
Johnson 90	Jolly	Jones	Kelly 36	Kratky
Kuessner	LeVota	Liese	Lowe	McKenna
Meadows	Meiners	Muckler	Parker	Ransdall
Sager	Salva	Schneider	Schoemehl	Seigfreid
Selby	Shoemyer	Skaggs	Spreng	Swinger
Thompson	Villa	Vogt	Wagner	Walker
Wallace	Walsh	Walton	Ward	Whorton
Wildberger	Willoughby	Wilson 25	Wilson 42	Witte
Yaeger	Young	Zweifel

PRESENT: 001

Wright

ABSENT WITH LEAVE: 007

Avery	Boykins	Holand	Lawson	Marsh
Rupp	Taylor

On motion of Representative Yates, House Substitute Amendment No. 1 for House Amendment No. 2, as amended, was adopted.

AMEND House Substitute for House Committee Substitute for House Bill No. 1304, Section 510.263, Page 6, Line 15, by inserting the phrase “by clear and convincing evidence” after the word “determines”.

Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SJR 29, entitled:

Joint Resolution submitting to the qualified voters of Missouri, an amendment to the Constitution of Missouri relating to marriage.

Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 783, entitled:

An act to repeal section 262.217, RSMo, and to enact in lieu thereof one new section relating to the state fair commission, with an emergency clause.

Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 803, entitled:

An act to repeal section 210.145, RSMo, and to enact in lieu thereof one new section relating to investigations of child abuse and neglect, with an emergency clause.

Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 837, entitled:

An act to repeal section 324.010, RSMo, and to enact in lieu thereof one new section relating to professional licenses.

Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 859, entitled:

An act to repeal section 43.060, RSMo, and to enact in lieu thereof one new section relating to the state highway patrol.

Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 969, entitled:

An act to repeal sections 163.031, 168.500, and 168.515, RSMo, and to enact in lieu thereof four new sections relating to the removal of the proration factor for purposes of calculating career ladder payments.

Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 1038, entitled:

An act to repeal sections 33.103, 166.415, 166.435, 408.132, 408.140, 408.190, 408.232, 432.045, and 433.130, RSMo, and to enact in lieu thereof twenty-six new sections relating to banking.

On motion of Representative Crowell, the House adjourned until 10:00 a.m., Wednesday, March 3, 2004.

I, State Representative Bob Behnen, District 2, hereby state and affirm that my vote as recorded on Pages 451 and 452 of the House Journal for Monday, March 1, 2004 showing that I voted absent with leave was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 2nd day of March 2004.

I, State Representative Jim Guest, District 5, hereby state and affirm that my vote as recorded on Pages 451 and 452 of the House Journal for Monday, March 1, 2004 showing that I voted absent with leave was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 2nd day of March 2004.

I, State Representative Jay Wasson, District 141, hereby state and affirm that my vote as recorded on Pages 451 and 452 of the House Journal for Monday, March 1, 2004 showing that I voted absent with leave was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 2nd day of March 2004.

Departments of Health, Mental Health, and Social Services. Possible mark up. AMENDED

Oversight program evaluation on the Office of Administration, Division of Facilities Management, state leasing practices. Any other business.

Wednesday, March 3, 2004, House Chamber side gallery upon afternoon adjournment.

Public hearings to be held on: HB 1217, HB 1218, HB 1069, HB 1145, HB 1273, HB 1440

Discussion on HB 1343 and HB 1267 in relation to the Master Settlement Agreement.

Executive session may be held on: HB 1167, HB 1288, HB 995, HB 996, HB 1366, HB 1405, HB 976, SCS SBs 1144, 919, & 874, HB 977