Eric Burlison Archives

‘Right to work’ sponsor thinks he can find 4 votes

April 10, 2014 By Mike Lear

The sponsor of the so-called “right to work” bill in the House says he is optimistic after it received initial approval Wednesday, despite its opponents declaring victory.

The policy would prevent the paying of union dues from being a requisite for employment in private businesses in Missouri. Unions and Democrats say it’s an attack on workers and have declared the measure defeated, because it only got 78 “yes” votes. That’s enough for initial passage, or “perfection,” but more would be needed on a vote to send it to the Senate.

Representative Eric Burlison (R-Springfield) says they’re being premature.

“I think this is a historic victory,” says Burlison.

Four more votes are what supporters would need to reach the constitutional majority necessary for the bill to clear the House and go to the Senate. Burlison thinks they can be found.

“To get to 82 is a small step from the 78. There’s a lot of room there,” says Burlison. “What’s clear is we’ve set the low water mark at 78, which is very good. I don’t know where the high water mark is going to be on the vote.”

19 Republicans voted with Democrats against the legislation, while 11 were absent and two entered neutral “present” votes.

The legislation faces a likely filibuster if it reaches the Senate but could result in a move of the “previous question,” a motion to shut down debate and force a vote … a rare move in the Senate.

Burlison says that potential means he has time to find four more votes.

“The Senate will likely not take this bill up until the last possible day,” says Burlison. “The PQ is something that you don’t want to have to do until the very end … there’s time.”

Even if “right to work” doesn’t make it out of the House, Burlison says its initial passage is a win.

“This is an absolute victory. It’s never happened in the history of the State of Missouri.”

See how state House members voted on “right to work”

Kansas legislature approves health compact legislation originated in Missouri

April 7, 2014 By Mike Lear

Kansas is on the verge of banding with 8 other states including Missouri in forming an interstate health care compact, which would let states go their own way with health care rather than participate in the federal healthcare reform law.

Representative Eric Burlison (Photo courtesy; Tim Bommel, Missouri House Communications)

The same plan that has passed out of the Kansas legislature, and has become law in 8 states, was first proposed in Missouri. It needed two things to be ratified: passage in at least two states, and Congressional authorization.

Representative Eric Burlison (R-Springfield) sponsored the first interstate compact proposal, which was enacted in 2011. He says states in the compact would have an option other than the Affordable Care Act.

“Let states decide what’s in the best interest for their citizens and if something’s working in another state, then we can glean ideas from that state and implement them in our state,” says Burlison. “That way you are seeing innovation at work and you’re seeing creative ideas at work instead of supressing every state with a one-size-fits-all, mediocre solution.”

Oklahoma Congressman James Lankford (R) has introduced legislation that would give Congressional approval to the compact. It has been referred to a subcommittee. If it clears the Republican-controlled House it faces a tough road in a Democrat-controlled Senate, which Republicans hope to take control of in elections this year.

“It may not be this [Congress] that’s able to do it, but any future legislature could adopt the interstate compact,” says Burlison.

Kansas Governor Sam Brownback (R) hasn’t said whether he will sign that state’s compact legislation.

Upgrades could get Amber Alerts out faster

March 19, 2014 By Mike Lear

A series of changes to the state’s Amber Alert system could be coming that would reduce the time it takes to issue an alert by 20 to 30 minutes, according to the program’s coordinator.

One change that is expected to take place Wednesday was prompted in part by the abduction and murder of 10-year-old Hailey Owens of Springfield last month.

Captain Greg Kindle says it involves the forms that local law enforcement officers have had to print out, fill out and fax to the Patrol when a child is abducted. Those will be made available to fill out and submit online, which Kindle says will save hassle and time.

Kindle says another change could make a greater difference, but it is dependent on money being left in the state’s Fiscal Year 2015 budget to support it.

Representative Eric Burlison (R-Springfield) proposed, and the House Budget Committee adopted, $120-thousand dollars to pay for the Patrol to tie in the Amber Alert System to the Missouri Uniform Law Enforcement System (MULES).

Kindle says that would altogether eliminate the need for a local officer to fill out that form.

“When they make their MULES and (National Crime Information Center) entry … it would come straight to Troop F off that entry,” says Kindle.

Amber Alerts are administered and issued at the Patrol’s Troop F headquarters based in Jefferson City.

To see active Amber Alerts, visit www.missingkids.com/AMBER

Kindle says if that money is included in the final budget proposal, the Patrol could move forward with tying those two systems together.

Another upgrade that has been the subject of testing with the U.S. Department of Justice since before Thanksgiving would allow one entry from the Patrol to simultaneously go to news agencies, the Amber Alert website and the Emergency Alert System. The Patrol currently has to enter each separately.

Kindle says he is optimistic that upgrade will take effect in the next month or two.

The end result of all of those upgrades could be significant.

“On the originating agency’s end, that could be several minutes,” says Kindle. “Not having to print this form out and fax it and all that … you’re probably talking 15 or 20 minutes that’s going to save in the originating agency. Here in Troop F, it’s probably going to knock another five to ten minutes off.”

Kindle says such a reduction in time would be “extremely important. Every minute counts when you have a true abduction like that.”

To receive Amber Alerts on Twitter, follow @AMBERAlert

Other efforts would involve Amber Alert training for all law enforcement entities that make MULES entries. That would have other entities besides the officers at the scene considering whether a situation merits an Amber Alert.

“The officer there on the scene is dealing with witnesses and trying to get license plates and descriptions of vehicles and all that, and an Amber Alert might not be the first thing that comes to his mind,” explains Kindle. “This radio operator that’s kind of removed, we’re hoping, will think, ‘Hey, we talked about this Amber Alert thing. This looks like it may qualify.’ Again, maybe just five minutes, ten minutes saved there.”

Training will also be offered for line officers in police and sheriffs’ departments in considering when a situation merits an Amber Alert.

House sends medical malpractice cap legislation to the Senate

March 5, 2014 By Mike Lear

The state House has passed legislation to reinstate caps on the amount that could be awarded to plaintiffs for non-economic damages in medical malpractice lawsuits. The bill would limit those damages to $350,000.

Representative Eric Burlison (Photo courtesy; Tim Bommel, Missouri House Communications)

Proponents say the legislation would keep medical malpractice insurance premiums paid by doctors lower, making it easier for doctors to stay in business in Missouri and keeping down the cost of health care. Opponents say it infringes on the rights of Missourians to have a jury decide what appropriate damages would be.

See our earlier story on the medical malpractice cap legislation

Representative Stanley Cox (R-Sedalia) argued for the legislation, saying it will keep doctors from making the decision to leave Missouri for a state that does limit those damages.

“They make decisions based on economics,” Cox says of doctors, “and if you can go 80 miles west of Sedalia and practice in a more hospitable environment, you might make that decision.”

Representative Stephen Webber (D-Columbia) says the legislation will put more control over the care of patients in the hands of insurance companies rather than doctors.

“The truth is that this bill will make it more difficult for doctors to get the approved treatment, to get the approved tests, approved by the insurance company to take care of their patients,” Webber argues. “This will make it more difficult for doctors to do the thing they love more than anything else in the world, which is make sure their patents get quality treatment.”

The legislation, HB 1173 sponsored by Representative Eric Burlison (R-Springfield) was sent to the Senate 94-61.

House advances medical malpractice damage caps

February 26, 2014 By Mike Lear

The state House has given initial approval to a bill that would cap the amount that could be awarded to plaintiffs for non-economic damages in medical malpractice lawsuits.

Representative Eric Burlison (Photo courtesy; Tim Bommel, Missouri House Communications)

The bill sponsored by Representative Eric Burlison (R-Springfield) would limit such damages to $350,000 but would not apply to damages such as lost wages or hospital bills.

Supporters say the bill is needed to keep medical malpractice insurance premiums paid by doctors low, thereby making it easier for doctors to stay in business in Missouri and keeping the cost of health care down. Opponents say the bill infringes on the rights of Missourians to have a jury decide what appropriate damages would be.

The proposal is a priority of House Speaker Tim Jones (R-Eureka), who says since the state Supreme Court threw out such caps in 2012 Missouri is at risk for rising health care costs, lesser quality of care and a struggle to get health care professionals to come to or stay in the state.

Four House Republicans testified against the proposal during debate on Wednesday. Representative John McCaherty (R-High Ridge) says he will be one of those voting against the proposal.

“Understand that whatever number you set,” he says of the $350,000 cap, “that’s a real person. If it’s my wife or it’s my kid, I want them to have their day in court. I want my day in court. That’s what our Constitution guarantees us.”

The legislation drew criticism from several Democrats as well, including Representative Stephen Webber (Columbia).

“There are egregious examples that I think any one of us individually looking at would say, ‘$350,000 is not enough,'” Webber says. “But today we’re going to paint with a broad brush all those cases and remove that ability of folks to make that decision.”

Burlison says doctors have asked him to continue to support the issue.

“I had an OB-GYN say, ‘These caps are gone. All of what I would take home is going to pay for premiums. I’m closing shop. There’s no reason to keep the lights on anymore,’ and I don’t blame them.”

Another favorable vote would send the legislation to the Senate.

Parents testify in favor of legislation to allow investigational drugs to terminal patients

February 26, 2014 By Mike Lear

A House Committee has heard emotional debate from supporters of a bill that would allow makers of investigational drugs, biological products or devices to make them available to eligible terminal patients.

Representative Jim Neely (right) listens as Melissa and Steve Heil testify about how his bill could help their daughter. (photo courtesy; Tim Bommel, Missouri House Communications)

The legislation specifies that it applies to patients who have a terminal illness, have considered all treatment options approved by the Food and Drug Administration (FDA), have received a prescription or recommendation from a physician for an investigational medical product and have given written informed consent for the use of that product or have had such permission given by a parent or legal guardian.

It would allow such patients access to medical products that have completed phase one of a clinical trial but have not been approved for general use by FDA and are still being investigated..

View the legislation, HB 1685

The proposal is sponsored by Representative Jim Neely (R-Cameron), a doctor at Cameron Regional Medical Center whose daughter Kristina has metastatic colon cancer.

“I’ve struggled with this for many years,” Neely tells the committee on Professional Registration and Licensing. “I’ve certainly seen people out there that I’m perplexed that we can’t move forward with a treatment plan. I’ve seen medications that have been highly effective that have been pulled from the market because somebody had an issue with it.”

Neely says the legislation is aimed at getting the makers of drugs or devices to allow patients to have them in hopes that providers will create more access to those products. It does not aim to impact federal law.

Committee Chairman Eric Burlison (R-Springfield) says the state should do what it can to allow patients who have no remaining treatment options approved by the FDA to try experimental options.

“If [the federal government] wants to push back then that’s their business but we should at least allow as much as possible within the discretion, especially that between the doctor and the patient.”

No one testified against the proposal.

Those who testified for it included Steve & Melissa Heil of Springfield, whose two-and-a-half year-old daughter is receiving an investigational drug treatment for a brain tumor.

“We are really excited about this bill,” Melissa Heil testified. “Terminally ill patients do not have time to wait for the FDA to approve things.”

The Heils testified that their daughter’s treatment has caused her tumor to shrink by 33-percent, but has been put on a clinical hold by FDA and will be offered to no more patients.

“We know of nine patients out there with brain tumors right now that are in line waiting for the FDA to open up this program,” Steve Heil testified. Eight of those, he says, are children.

Melissa Heil says if no more patients will be allowed to take the medication that has helped her daughter, its maker will cut off production for lack of demand.

“What we have in our home for her,” she says, “may be all that is left and it is only a couple of months until it expires, so we will most likely be using expired medication just to continue these results.”

Rick Suozzi then testified about his daughter who was a senior in college and died last year of brain cancer, after being rejected for several clinical trials for drugs that her family hoped could have helped her.

Suozzi again called the attention of the committee to the Heil’s daughter.

“Look at that girl there,” he told lawmakers. “You all must pass this bill for people like that. It’s too late for my daughter but it’s not too late for these people.”

Burlison says he plans to add an emergency clause to the bill, which would allow it to become effective immediately upon being signed by the governor, and to pass it out of committee next week.

Hearing today on proposed legislative review of execution protocol

February 26, 2014 By Mike Lear

Hours after Missouri has carried out its fourth execution in as many months a House committee will hold a hearing on a bill that would have the Department of Corrections bringing its proposed execution protocol to a legislative committee for review.

Representative Eric Burlison (R-Springfield)

Springfield representative Eric Burlison proposes having the Department’s protocol be reviewed by the Joint Committee on Administrative Rules. Currently the Department is exempt from that committee’s review.

The Department’s protocol and changes made to it have been at the center of debate in recent months, particularly by lawyers for the four condemned inmates who have been executed in November, December, January and February. They have said that because it keeps the maker of the drug to be used secret, and because the protocol has been changed several times in the past year, they are at an unfair disadvantage to challenge whether those men will suffer painful deaths that would violate their constitutional rights.

That hearing is today at noon in the House Judiciary Committee, and will take place in the basement of the Capitol.

State officials testify to House Committee about execution procedures (AUDIO)

February 10, 2014 By Mike Lear

The Director of the Department of Corrections has for the first time spoken publicly about the questions and controversy raised in recent months over the carrying out of executions.

Director of the Department of Corrections George Lombardi testifies to the House Committee on Government Oversight and Accountability. (photo courtesy; Tim Bommel, Missouri House Communications)

George Lombardi has told the House Committee on Government Oversight and Accountability it is a statutory requirement that his Department conduct executions, and it is working within the statutory framework in place to do so.

“Keeping in mind, please,” Lombardi asks of the Committee, “Statute mandates the Department of Corrections to carry out executions. It doesn’t say, ‘Try your best.'”

He says it is because of that mandate that the Department looked “all over the country” for a way to acquire a drug to use in lethal injections when it became clear it could no longer use propofol.

“We found that there was a compounding pharmacy that was willing to [provide the drugs], and that’s what moved us forward to change the protocol accordingly.”

Lombardi did not confirm or dispute the identity of the pharmacy, reported to be located in Oklahoma and only now seeking a license in Missouri. He did confirm that the drugs are paid for in cash, something that he says has been true since the administration of Governor John Ashcroft.

Lombardi says all those involved in the execution protocol who must be paid are paid in cash. He says that is because those participants have made clear that they would not be involved if they were paid any other way. He says it was part of maintaining anonymity for those participants.

Lombardi tells the Committee that to pay those individuals in any other way would be “the de-factor abolishment of the death penalty.”

Listen to the testimony of Corrections Department Director George Lombardi, 28:30

His testimony was challenged by Attorney Joe Luby with the Death Penalty Litigation Center, who says Lombardi is “abusing” the state statute that requires the identities of members of an execution team to be kept secret.

“The same statute defines ‘execution team’ very narrowly,” says Luby. He quotes, “The execution team those persons who administer lethal chemicals and those persons such as medical personnel who provide direct support for the administration of lethal chemicals.”

That shouldn’t include the pharmacy, says Luby, who says then that the pharmacy’s identity should not be kept secret and it should therefore not be paid in cash.

Luby also accuses Corrections of moving too quickly in carrying out executions.

“It is absolutely unacceptable for the state to execute prisoners before the courts can resolve their claims. That has been the case with the last three prisoners who were executed in this state. This is a uniquely Missourian pattern of behavior.”

A federal judge has also been critical of the timing o the execution of Allen Nicklasson in December.

Assistant Missouri Attorney General David Hansen tells the Committee Missouri has acted within the law.

“The law is clear that the pendency of litigation is an insufficient reason to stop an execution,” Hansen says. “On January 29th, the date of [Herbert] Smulls’ execution, the State of Missouri directly went to the United States Supreme Court and asked if the execution should happen. The Court said no, the execution should not be stopped. They said that three different times on that day.”

The Chairman of the Committee, Representative Jay Barnes (R-Jefferson City), says he is satisfied that Missouri has not executed while a stay was in place that should have halted it.

As for what action, if any, he thinks the legislature needs to take based on what it learned on Monday, Barnes says, “I don’t think there’s any chance of any moratorium being put in place. I also think … the legislature out to take a close look at the procedures, especially how pharmaceuticals are procured.”

Barnes refers to legislation offered by Representative John Rizzo (D-Kansas City), that proposes a moratorium while an 11-member panel reviews death penalty and execution protocol. His legislation (HB 1409) has been assigned to the House Judiciary Committee but a hearing has not been scheduled.

“I really feel like this process is being spitballed together in an aspect to carry out the law,” says Rizzo, “but in the process maybe does violate law.”

Rizzo says the legislature needs to have some oversight into the execution process.

“The policy invariably forces illegalities,” Rizzo says he learned on Monday. “The Director (of corrections) has to carry out an execution, but there are no pharmaceuticals available to do that. Then he has to go above and beyond to actually go to a pharmacy that’s not regulated by the State of Missouri that, in essence, violates FDA regulations.”

Barnes noted legislation filed last week by Representative Eric Burlison (R-Springfield), HB 1737, that would make the execution protocol subject to review by the Joint Committee on Administrative Rules as being one avenue for increasing oversight. That bill has not been referred to a committee. Rizzo is one of its co-signers.

Missouri is scheduled to carry out another execution on February 26; that of Michael Taylor, who pled guilty in the abduction and murder of 15-year-old Ann Harrison girl in Kansas City 1989.

Legislative hearing underway on ‘right to work’ bill (STREAMING VIDEO)

January 13, 2014 By Mike Lear

The House Committee on Workforce Development and Public Safety is holding a hearing at this hour on proposed “Right to Work” legislation (HB 1099) sponsored by Representative Eric Burlison (R-Springfield). House Republican Leadership has said “Right to Work” will be a priority again this year, as evidenced by holding a hearing on the first Monday of the legislative session.

Supporters say “Right to Work” would bar the payment of union dues from being a requisite of employment, and argue that businesses have taken jobs out of Missouri or chose not to bring them here because Missouri is not a “Right to Work” state. Opponents say it would allow some workers to become “freeloaders” who benefit from union representation without paying for it.

Chairman Bill Lant (R-Pineville) says the committee will not put time limits on testimony but will cut people off if their testimony becomes “redundant.” The Committee will take a break at 2:00 if necessary.

Watch a live stream of the hearing here.

‘Paycheck protection’ legislation sent to the Governor

May 14, 2013 By Mike Lear

A House proposal that backers say protects workers’ paychecks has been sent to Gov. Jay Nixon.

The bill (SB 29) requires that a worker give permission once a year for a union to take dues out of his or her paycheck, or to use them for political purposes.

Rep. Eric Burlison speaks on the House floor. (Photo courtesy Tim Bommel, House Communications)

House sponsor, Rep. Eric Burlison (R-Springfield), says it’s about protecting free speech.

“I think that is important that [the union] yearly, at least, get the permission before they’re speaking on behalf of someone,” Burlison said.

Rep. Clem Smith (D-St. Louis County) says the bill is deceiving and wastes the time of the legislature in the final days of the session.

“This is an issue that does not exist,” Smith said. “People do it on their own will. They sign up on a form already to have additional money go to political action committees from labor unions and that money is spent to support labor activities. This deal about dues dollars … I need proof. We’re up here to be shown proof, no proof has been brought up.”

The legislation only applies to public employee unions and exempts first responders.

It cleared the House on an 85-69 vote.