2000 Legislation
Print Friendly

HOUSE BILL NO. 515, As Amended – Medical examiner, state, created

HOUSE BILL NO. 515, As Amended

View Daily Data Tracking History

View Bill Text

View Amendment

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0515aa....................................................by STATE AFFAIRS
MEDICAL EXAMINER - Adds to and amends existing law to create the office of
the State Medical Examiner; to create an advisory commission to appoint the
medical examiner and recommend policies; to provide authority of the
medical examiner to establish a protocol to govern how death investigations
are conducted; and to require the medical examiner to conduct autopsies.
                                                                        
02/04    House intro - 1st rdg - to printing
02/07    Rpt prt - to St Aff
02/22    Rpt out - to Gen Ord
    Rpt out amen - to engros
02/23    Rpt engros - 1st rdg - to 2nd rdg as amen
02/24    2nd rdg - to 3rd rdg as amen
02/28    3rd rdg as amen - PASSED - 38-29-3
      AYES -- Alltus, Bell, Bieter, Black, Boe, Callister, Campbell, Chase,
      Cuddy, Deal, Ellsworth, Field(13), Field(20), Gagner, Gould, Henbest,
      Hornbeck, Jaquet, Judd, Marley, Meyer, Montgomery, Moyle, Pearce,
      Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sellman, Shepherd,
      Smith, Smylie, Stoicheff, Stone, Trail, Zimmermann, Mr Speaker
      NAYS -- Barraclough, Barrett, Bruneel, Cheirrett, Clark, Crow,
      Denney, Geddes, Hadley, Hammond, Hansen(23), Hansen(29), Kellogg,
      Kempton, Kendell, Lake, Linford, Loertscher, Mader, McKague,
      Mortensen, Moss, Pischner, Sali, Stevenson, Taylor, Tilman, Wheeler,
      Wood
      Absent and excused -- Jones, Kunz, Schaefer
    Floor Sponsor - Henbest
    Title apvd - to Senate
02/29    Senate intro - 1st rdg as amen - to St Aff
03/14    Rpt out - rec d/p - to 2nd rdg as amen
03/15    2nd rdg - to 3rd rdg as amen
03/23    3rd rdg as amen - FAILED - 14-21-0
      AYES--Bunderson, Danielson, Davis, Dunklin, Ingram, McLaughlin, Noh,
      Richardson, Sandy, Schroeder, Sorensen, Stegner, Stennett, Whitworth
      NAYS--Andreason, Boatright, Branch, Burtenshaw, Cameron, Crow,
      Darrington, Deide, Frasure, Geddes, Hawkins, Ipsen, Keough,
      King-Barrutia, Lee, Parry, Riggs, Risch, Thorne, Wheeler, Williams
      Absent and excused--None
    Floor Sponsor - Sorensen
    Hld for reconsideration
03/24    Reconsidered - FAILED - 15-20-0
      AYES--Andreason, Bunderson, Danielson, Davis, Dunklin, Ingram,
      McLaughlin, Noh, Richardson, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Whitworth
      NAYS--Boatright, Branch, Burtenshaw, Cameron, Crow, Darrington,
      Deide, Frasure, Geddes, Hawkins, Ipsen, Keough, King-Barrutia, Lee,
      Parry, Riggs, Risch, Thorne, Wheeler, Williams
      Absent and excused--None
    Filed with Chief Clerk

Bill Text


 H0515
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 515, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CREATION OF THE OFFICE OF THE  STATE  MEDICAL  EXAMINER;  AMENDING
  3        TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 87, TITLE 67, IDAHO
  4        CODE,  TO  CREATE  THE OFFICE OF THE STATE MEDICAL EXAMINER, TO CREATE THE
  5        MEDICAL EXAMINER ADVISORY COMMISSION, TO PROVIDE THE POWERS AND DUTIES  OF
  6        THE  STATE MEDICAL EXAMINER, TO REQUIRE REPORTS AND RECORDS FROM THE MEDI-
  7        CAL EXAMINER, TO PROVIDE FOR TRAINING AND SUPPORT BY THE MEDICAL EXAMINER;
  8        AMENDING SECTION 19-4301, IDAHO CODE, TO SPECIFY CIRCUMSTANCES WHICH  GOV-
  9        ERN THE INVESTIGATION OF DEATHS; AMENDING SECTION 19-4301B, IDAHO CODE, TO
 10        GOVERN THE REQUIREMENTS FOR PERFORMANCE OF AUTOPSIES; AMENDING CHAPTER 43,
 11        TITLE  19,  IDAHO  CODE,  BY THE ADDITION OF A NEW SECTION 19-4301E, IDAHO
 12        CODE, TO GOVERN THE CONDITIONS REQUIRING EXHUMATION OF  A  BODY;  AMENDING
 13        SECTION  39-252,  IDAHO CODE, TO INCREASE THE FEE FOR COPIES, SEARCHES AND
 14        OTHER SERVICES BY THE STATE REGISTRAR, TO DEDICATE  THE  INCREASE  TO  THE
 15        PURPOSES OF THE OFFICE OF THE STATE MEDICAL EXAMINER AND TO MAKE A TECHNI-
 16        CAL  CORRECTION;  AMENDING SECTION 9-340B, IDAHO CODE, TO GOVERN EXEMPTION
 17        OF RECORDS OF  THE  STATE  MEDICAL  EXAMINER  FROM  DISCLOSURE  AS  PUBLIC
 18        RECORDS; AND PROVIDING EFFECTIVE DATES AND AUTHORITY TO IMPOSE A FEE.
                                                                        
 19    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 20        SECTION  1.  That Title 67, Idaho Code, be, and the same is hereby amended
 21    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 22    ter 87, Title 67, Idaho Code, and to read as follows:
                                                                        
 23                                      CHAPTER 87
 24                                STATE MEDICAL EXAMINER
                                                                        
 25        67-8701.  STATE  MEDICAL  EXAMINER.  There  is  hereby  established in the
 26    department of self-governing agencies, the office of the state  medical  exam-
 27    iner.  The  state  medical examiner shall be appointed by the medical examiner
 28    advisory commission and shall serve at the pleasure  of  the  commission.  The
 29    state  medical  examiner shall be a physician licensed to practice medicine in
 30    Idaho and who has education and experience in forensic pathology.
 31        The medical examiner shall designate physicians, including county  employ-
 32    ees when authorized and qualified by their special training, to conduct foren-
 33    sic examinations.
                                                                        
 34        67-8702.  MEDICAL  EXAMINER  ADVISORY COMMISSION. (1) There is hereby cre-
 35    ated the medical examiner advisory  commission  consisting  of  the  following
 36    individuals:
 37        (a)  A prosecuting attorney;
 38        (b)  One (1) licensed physician;
 39        (c)  A representative of the public;
 40        (d)  A local law enforcement officer; and
 41        (e)  A coroner.
                                                                        
                                           2
                                                                        
  1        (2)  All members of the commission shall be appointed to the commission by
  2    the  governor  subject  to  confirmation  by  the senate. The first members so
  3    appointed shall begin their terms of office on July 1, 2000, with three (3) of
  4    those members serving for initial terms of two (2) years each and two  (2)  of
  5    those  members serving for initial terms of four (4) years each, as such terms
  6    are specified in their appointment. After those initial terms, appointed  mem-
  7    bers shall be appointed by the governor for terms of four (4) years each. Each
  8    appointed  member  shall serve the term specified in this subsection and until
  9    the appointment and qualification of that member's respective  successor.  Any
 10    vacancy  on  the  commission shall be filled by the appointment of a successor
 11    who meets the qualifications for the vacated membership position to which  the
 12    person  is appointed. The governor may remove any member appointed to the com-
 13    mission for neglect of duty, misconduct or incompetence.
 14        (3)  Members of the commission who  are  not  public  officeholders  shall
 15    receive per diem and expenses as provided in section 59-509(h), Idaho Code.
 16        (4)  The  first  meeting  of the commission shall be held on a date desig-
 17    nated by the governor. Members shall elect a chairman and  vice  chairman  and
 18    provide  for  the organization of the commission. The commission shall meet at
 19    least semiannually and at such additional times as necessary to carry out  its
 20    duties.  The commission shall appoint the state medical examiner and recommend
 21    policies to improve the investigation of deaths in this  state  to  the  state
 22    medical  examiner.  The  commission shall advise the state medical examiner in
 23    performance of duties specified in section 67-8703, Idaho Code.
 24        (5)  The advisory committee  shall  set  standards  defining  a  qualified
 25    pathologist or medical doctor experienced in forensics for the purpose of sec-
 26    tion 19-4301, Idaho Code.
                                                                        
 27        67-8703.  POWERS AND DUTIES OF THE MEDICAL EXAMINER. The powers and duties
 28    of the state medical examiner include, but are not limited to, the following:
 29        (1)  Providing assistance and consultation to coroners and law enforcement
 30    officers;
 31        (2)  Providing  court  testimony when necessary to accomplish the purposes
 32    of this chapter;
 33        (3)  Stimulating and directing research in the field of  forensic  pathol-
 34    ogy;
 35        (4)  Maintaining  an ongoing educational and training program for coroners
 36    and law enforcement officers;
 37        (5)  Establishing by cooperative agreement with  appropriate  state  agen-
 38    cies,  the  means of providing assistance to and receiving assistance from the
 39    state laboratory, law enforcement officials, and others as may be required  or
 40    deemed necessary;
 41        (6)  Adopting rules in conjunction with the advisory board and in the man-
 42    ner  provided in chapter 52, title 67, Idaho Code, to implement the provisions
 43    of this chapter;
 44        (7)  Developing and adopting  a  uniform  protocol  for  conducting  death
 45    investigations  in  any  of the causes of death delineated in section 19-4301,
 46    Idaho Code; and
 47        (8)  Performing autopsies as required by law.
                                                                        
 48        67-8704.  REPORTS AND RECORDS. (1) The medical  examiner  shall  keep  and
 49    maintain  full  and  complete  records,  properly indexed, giving the name, if
 50    known, or otherwise identifying every person whose death is investigated,  the
 51    place  where  the body was found, the date, the cause and manner of death, the
 52    occupation of the decedent if available, and all  other  relevant  information
 53    concerning  the  death.  A full report and detailed findings of the autopsy or
                                                                        
                                           3
                                                                        
  1    report of the investigation shall be part of the record in each case.
  2        (2)  The county prosecuting attorney, the attorney general, or  other  law
  3    enforcement  official  having  jurisdiction  may, upon written request, secure
  4    copies of the  original records where necessary for the performance  of  their
  5    duties.
  6        (3)  Unless there is a pending or ongoing criminal investigation or prose-
  7    cution into the cause of the decedent's death, the medical examiner shall make
  8    available,  upon request, copies of all reports, findings and records gathered
  9    or compiled in the investigation of a death  to  the  decedent's  next-of-kin,
 10    legal  representative, or physicians who attended the decedent during the year
 11    before death, upon their written request for the release of documents.
 12        (4)  The medical  examiner  shall  maintain  the  confidentiality  of  the
 13    records and shall only release them as provided herein.
                                                                        
 14        67-8705.  TRAINING  AND  SUPPORT.  The  medical  examiner, from funds made
 15    available to his office, shall conduct and maintain training  which  shall  be
 16    made available to every coroner and deputy coroner. Within one (1) year of the
 17    first  election of a coroner, or, for an incumbent or deputy coroner in office
 18    at the time of the effective date of this chapter within one (1) year  of  the
 19    effective  date,  he shall participate in a course of not less than forty (40)
 20    hours of training provided by the state medical  examiner.  Thereafter,  annu-
 21    ally,  he  shall  complete  a  course  of continuing education as developed or
 22    approved by the office of the medical examiner.
                                                                        
 23        SECTION 2.  That Section 19-4301, Idaho Code, be, and the same  is  hereby
 24    amended to read as follows:
                                                                        
 25        19-4301.  CORONER TO INVESTIGATE DEATHS. When a coroner is informed that a
 26    person in his county has died:
 27        (a)  As  a  result  of  violence whether apparently homicidal, suicidal or
 28    accidental,; or
 29        (b)  Under suspicious or unknown circumstances,; or
 30        (c)  When not attended by a physician during  his  last  illness  and  the
 31    cause of death cannot be certified by a physician,; or
 32        (d)  Is  a  child  under  the  age  of three (3) years unless the death is
 33    clearly certifiable by an attending physician as due  to  a  specific  natural
 34    cause  which  does  not  include  a  diagnosis of sudden infant death syndrome
 35    (SIDS); or
 36        (e)  While in the custody of or being taken into  the  custody  of  a  law
 37    enforcement agency or peace officer; or
 38        (f)  While  incarcerated in a prison or jail or confined in a correctional
 39    facility owned and operated by the state or a  political  subdivision  of  the
 40    state; or
 41        (g)  The  death  may  have  resulted from unlawful means, or was of such a
 42    nature as to indicate the possibility of death by the hand of the deceased  or
 43    through  the  instrumentality  of some other person including, but not limited
 44    to, those apparently resulting from drowning, poisoning, hanging, burns, elec-
 45    trocution, gunshot wounds, stabs or  cuts,  starvation,  radiation,  exposure,
 46    strangulation, suffocation or smothering;
 47    the  coroner  must  refer the investigation of the death to the sheriff of the
 48    county or the chief of police of the city in which the incident causing  death
 49    occurred;  or,  if  unknown, then in which the death occurred; or, if unknown,
 50    then in which the body is found. The investigation shall be the responsibility
 51    of said officer who, upon completion of his  investigation,  shall  furnish  a
 52    written  report of the result of such investigation to said coroner. The coro-
                                                                        
                                           4
                                                                        
  1    ner must follow the protocol prescribed by the medical examiner,  and  in  the
  2    event that the coroner does not request an autopsy in such a case, the reasons
  3    shall  be made a part of the investigative report.  The coroner of said county
  4    must refer said case to the coroner of the county in which the incident  caus-
  5    ing death occurred, if known, or if unknown, then in which the death occurred,
  6    if  known, to hold an inquest. Provided, however, that a coroner shall conduct
  7    an inquest only if he has reasonable grounds to believe  that  the  death  has
  8    occurred  under  any  of  the  circumstances  heretofore  stated  in  sections
  9    19-4301(a)  or  19-4301(b),  Idaho  Code. If so, he may summon six (6) persons
 10    qualified by law to serve as jurors to appear before him to hold said inquest.
 11        Nothing in this section shall be construed to affect  the  tenets  of  any
 12    church or religious belief.
                                                                        
 13        SECTION  3.  That Section 19-4301B, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        19-4301B.  PERFORMANCE OF AUTOPSIES. The coroner may shall, in the perfor-
 16    mance of his duties under this chapter and pursuant to the  uniform  protocol,
 17    summon  a  person  authorized to practice medicine and surgery in the state of
 18    Idaho to inspect the body and give a professional opinion as to the  cause  of
 19    death  the  state medical examiner or his designated representative, or other-
 20    wise qualified pathologist or medical doctor experienced in forensics, to con-
 21    duct an autopsy. The coroner or the prosecuting attorney  may  also  order  an
 22    autopsy  performed  if it is deemed necessary accurately and scientifically to
 23    determine the cause of death. When an autopsy has been performed, pursuant  to
 24    an  order of a coroner or a prosecuting attorney, no cause of action shall lie
 25    against any person, firm or corporation for  participating  in  or  requesting
 26    such  autopsy.  The  state medical examiner, in consultation with the advisory
 27    board, shall establish, by rule, the amount to be charged to the county for an
 28    autopsy, provided that the amount shall not exceed one-half (1/2)  the  actual
 29    cost incurred.
                                                                        
 30        SECTION  4.  That  Chapter  43,  Title 19, Idaho Code, be, and the same is
 31    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 32    ignated as Section 19-4301E, Idaho Code, and to read as follows:
                                                                        
 33        19-4301E.  ORDER  TO  EXHUME  BODY.  In the case of any death described in
 34    section 19-4301, Idaho Code, when a body is buried without an investigation by
 35    the medical examiner as to the cause and manner of death, it shall be the duty
 36    of the medical examiner, upon being advised of the fact, to notify the  county
 37    prosecuting  attorney having criminal jurisdiction where the body is buried or
 38    death occurred. Upon notification,  the  county  prosecuting  attorney  having
 39    criminal  jurisdiction  may  make  application to have the body disinterred in
 40    accordance with section 39-269, Idaho Code.
                                                                        
 41        SECTION 5.  That Section 39-252, Idaho Code, be, and the  same  is  hereby
 42    amended to read as follows:
                                                                        
 43        39-252.  FEE FOR COPIES, SEARCHES AND OTHER SERVICES. The state  registrar
 44    shall  be  entitled to receive  a fee of four not  more  than  twenty  dollars
 45    ($420.00)  for the making of certified copies of records or for  a  search  of
 46    the files when no copies are made, provided that the national agency in charge
 47    of  vital  statistics may obtain copies or certifications of data from records
 48    without payment of fees, provided that the state incurs no expense in  connec-
 49    tion  therewith. The fee shall be reviewed by the board of health and welfare,
                                                                        
                                           5
                                                                        
  1    and future changes  in the fee and enactment of fees for other services  shall
  2    be  established by regulations rules adopted by the board. Of the fee for cop-
  3    ies, searches and other services, for birth and death certificates, five  dol-
  4    lars  ($5.00)  shall  be transmitted to the state treasury for the purposes of
  5    the office of the state medical examiner. Such fees shall be deposited in  the
  6    state medical examiner fund which is hereby created.
                                                                        
  7        SECTION  6.  That  Section  9-340B, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        9-340B.  RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
 10    TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are
 11    exempt from disclosure:
 12        (1)  Investigatory records of a law enforcement agency, as defined in sec-
 13    tion 9-337(5), Idaho Code, under the conditions set forth  in  section  9-335,
 14    Idaho Code.
 15        (2)  Juvenile  records of a person maintained pursuant to chapter 5, title
 16    20, Idaho Code, except that facts contained in such records shall be furnished
 17    upon request in a manner determined by the court to persons  and  governmental
 18    and private agencies and institutions conducting pertinent research studies or
 19    having  a  legitimate interest in the protection, welfare and treatment of the
 20    juvenile who is thirteen (13) years of age or  younger.  If  the  juvenile  is
 21    petitioned  or  charged  with  an offense which would be a criminal offense if
 22    committed by an adult, the name, offense of which the juvenile was  petitioned
 23    or charged and disposition of the court shall be subject to disclosure as pro-
 24    vided  in  section  20-525,  Idaho  Code. Additionally, facts contained in any
 25    records of a juvenile maintained under chapter 5, title 20, Idaho Code,  shall
 26    be  furnished  upon  request  to  any  school  district  where the juvenile is
 27    enrolled or is seeking enrollment.
 28        (3)  (a) Records of the department of correction or the commission of par-
 29        dons and parole to the extent that disclosure thereof would interfere with
 30        the secure and orderly conduct of their operations, or the  rehabilitation
 31        of any person in the custody of the department of correction or on parole,
 32        or  would substantially prejudice or prevent the carrying out of the func-
 33        tions of the department of correction or the  commission  of  pardons  and
 34        parole  if  the  public  interest in confidentiality clearly outweighs the
 35        public interest  in  disclosure.  Records  exempt  from  disclosure  shall
 36        include,  but  not be limited to, those containing the names and addresses
 37        of witnesses or victims or those containing information  identifying  vic-
 38        tims or witnesses.
 39        (b)  Operation  manuals  of  county  jails.  "Operation manuals" are those
 40        internal documents of any county jail that define the procedures  utilized
 41        to maintain security within the jail.
 42        (4)  Voting records of the sexual offender classification board. In accor-
 43    dance  with  section  18-8315,  Idaho  Code, the written record of the vote to
 44    classify an offender as a violent sexual predator by each board member in each
 45    case reviewed by that board member shall be exempt from disclosure to the pub-
 46    lic and shall be made available upon request only to the governor, the  chair-
 47    man of the senate judiciary and rules committee, and the chairman of the house
 48    of representatives judiciary, rules and administration committee, for all law-
 49    ful purposes.
 50        (5)  Records  of  the sheriff or department of law enforcement received or
 51    maintained pursuant to section 18-3302, Idaho Code, relating to an   applicant
 52    or licensee.
 53        (6)  Records  of  investigations  prepared by the department of health and
                                                                        
                                           6
                                                                        
  1    welfare pursuant to its statutory responsibilities dealing with the protection
  2    of children, the rehabilitation of youth, adoptions and the commitment of men-
  3    tally ill persons.
  4        (7)  Records including, but not limited to, investigative reports, result-
  5    ing from investigations conducted into complaints of  discrimination  made  to
  6    the  Idaho  human  rights  commission  unless  the public interest in allowing
  7    inspection and copying of such records outweighs the legitimate public or pri-
  8    vate interest in maintaining confidentiality of such  records.  A  person  may
  9    inspect  and copy documents from an investigative file to which he or she is a
 10    named party if such documents are not otherwise prohibited from disclosure  by
 11    federal law or regulation or state law. The confidentiality of this subsection
 12    will  no longer apply to any record used in any judicial proceeding brought by
 13    a named party to the complaint or investigation, or by the Idaho human  rights
 14    commission, relating to the complaint of discrimination.
 15        (8)  Records  containing  information obtained by the manager of the Idaho
 16    state insurance fund pursuant to chapter 9, title 72, Idaho Code, from  or  on
 17    behalf of employers or employees contained in underwriting and claims for ben-
 18    efits files.
 19        (9)  The  worker's compensation records of the Idaho industrial commission
 20    provided that the industrial commission shall make such records available:
 21        (a)  To the parties in any worker's compensation claim and to  the  indus-
 22        trial special indemnity fund of the state of Idaho; or
 23        (b)  To  employers  and prospective employers subject to the provisions of
 24        the Americans with disabilities act, 42 U.S.C. 12112, or  other  statutory
 25        limitations,  who  certify  that  the  information is being requested with
 26        respect to a worker to whom the employer has extended an offer of  employ-
 27        ment  and  will be used in accordance with the provisions of the Americans
 28        with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
 29        (c)  To employers and prospective employers not subject to the  provisions
 30        of  the  Americans with disabilities act, 42 U.S.C. 12112, or other statu-
 31        tory limitations, provided the employer presents a  written  authorization
 32        from the person to whom the records pertain; or
 33        (d)  To  others  who  demonstrate  that  the  public  interest in allowing
 34        inspection and copying of such records outweighs  the  public  or  private
 35        interest in maintaining the confidentiality of such records, as determined
 36        by a civil court of competent jurisdiction.
 37        (10) Records of investigations compiled by the commission on aging involv-
 38    ing  vulnerable  adults, as defined in section 18-1505, Idaho Code, alleged to
 39    be abused, neglected or exploited.
 40        (11) Criminal history records and  fingerprints,  as  defined  by  section
 41    67-3001,  Idaho  Code, and compiled by the department of law enforcement. Such
 42    records shall be released only in accordance with chapter 30, title 67,  Idaho
 43    Code.
 44        (12) Reports  and  records  of  the state medical examiner as described in
 45    chapter 87, title 67, Idaho Code. Such records shall be released only as  pro-
 46    vided in section 67-8704, Idaho Code.
                                                                        
 47        SECTION  7.  This  act shall be in full force and effect on and after July
 48    1, 2000, except that the provisions of Section 3 of this act shall be in  full
 49    force  and effect on and after January 1, 2001. Notwithstanding the provisions
 50    of section 67-5226, Idaho Code, the state registrar is  hereby  authorized  to
 51    increase  the  fee now imposed pursuant to section 39-252, Idaho Code, by five
 52    dollars ($5.00), beginning July 1, 2000, for the purposes of this act.

Amendment


 AH0515
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Stone               
                                                                        
                                                     Seconded by Henbest             
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENTS TO H.B. NO. 515
                                                                        
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 2 of the printed bill, following line 29, insert:
  3        "(5)  The advisory committee shall  set  standards  defining  a  qualified
  4    pathologist or medical doctor experienced in forensics for the purpose of sec-
  5    tion 19-4301, Idaho Code.".
                                                                        
  6                                AMENDMENT TO SECTION 3
  7        On  page 4, in line 22, following "representative" insert: ", or otherwise
  8    qualified pathologist or medical doctor experienced in forensics".
                                                                        
  9                                AMENDMENT TO SECTION 7
 10        On page 6, in line 51, following "2001." insert: "Notwithstanding the pro-
 11    visions of section 67-5224, Idaho Code, the state registrar is  hereby  autho-
 12    rized  to increase the fee now imposed pursuant to section 39-252, Idaho Code,
 13    by five dollars ($5.00), beginning July 1, 2000,  for  the  purposes  of  this
 14    act.".
                                                                        
 15                                 CORRECTION TO TITLE
 16        On  page 1, in line 18, following "DATES" insert: "AND AUTHORITY TO IMPOSE
 17    A FEE".
                                                     Moved by    Kunz                
                                                                        
                                                     Seconded by Loertscher          
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 515
                                                                        
 18                               AMENDMENTS TO SECTION 1
 19        On page 1 of the printed bill, delete lines 38 and 39; in line 40,  delete
 20    "(d)" and insert: "(b)"; and delete line 41.
 21        On  page  2,  in line 1, delete "(f)" and insert: "(c)"; delete line 2; in
 22    line 3, delete "(h)" and insert: "(d)"; in line 4, delete  "(i)"  and  insert:
 23    "(e)";  in  line  5,  delete ", except the state appellate public"; in line 6,
 24    delete "defender or his designee and the appointee of the attorney  general,";
 25    in  line  9, delete "four (4)" and insert: "three (3)"; and in line 10, delete
 26    "three (3)" and insert: "two (2)".

Statement of Purpose / Fiscal Impact


     
                STATEMENT OF PURPOSE 
                      RS 09859 
                           
     The purpose of this legislation is to create an Office of the State Medical
     Examiner within the Department of Self-Governing Agencies, and a medical
     examiner advisory committee appointed by the Governor and confirmed by the
     Senate. The State Medical Examiner would be appointed by the committee. The
     functions of the Medical Examiner would include developing and maintaining
     continuing education for county coroners, developing and adopting a uniform
     protocol for conducting death investigations, performing autopsies, providing
     court testimony, and directing research. This legislation would also further define
     certain deaths which are subject to investigation by the coroner. 
     
     
                     FISCAL NOTE
     
     The impact to the general fund in FYI 2001 is $150,000 which is a non-recurring
     start-up expense. Thereafter, revenue would be generated from an increase in the
     vital statistics fees for birth and death certificates of $5.00 and reimbursement
     from counties for autopsies performed by the State Medical Examiner or his/her
     designee. 
     
               CONTACT:   Rep. Margaret Henbest
                208/332-1000 
     
                                                  STATEMENT OF PURPOSE/ FISCAL NOTE                            H 515