CSHB 520(FIN): "An Act relating to death investigations and inquests, coroners, public administrators, and medical examiners, including the state medical examiner; relating to the jurisdiction of district court judges and magistrates in certain cases involving death."
00CS FOR HOUSE BILL NO. 520(FIN) 01 "An Act relating to death investigations and inquests, coroners, public 02 administrators, and medical examiners, including the state medical examiner; 03 relating to the jurisdiction of district court judges and magistrates in certain cases 04 involving death." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 09.55 is amended by adding new sections to read: 07 ARTICLE 2A. INQUESTS. 08 Sec. 09.55.062. DEATH INQUESTS. Upon petition by the state medical 09 examiner or a state prosecutor, a judicial officer shall conduct proceedings under 10 AS 09.55.062 - 09.55.069 to determine the cause and manner of a person's death. The 11 prosecutor shall present the evidence in the death inquest and assist the court in 12 instructing the jury and conducting the inquest only when the inquest is based on a 13 petition filed by the prosecutor or when the prosecutor requests to participate in the 14 proceedings.
01 Sec. 09.55.064. JURORS FOR INQUEST. (a) When a death inquest is to be 02 held under AS 09.55.062 - 09.55.069, the judicial officer shall promptly summon six 03 persons qualified by law to serve as jurors to appear before the court. 04 (b) When six jurors attend as required under (a) of this section, they shall be 05 sworn by the court to 06 (1) inquire into the identity of the deceased, and when, where, and by 07 what means the person died; 08 (2) inquire into the circumstances attending the death; and 09 (3) give a true verdict according to the evidence. 10 Sec. 09.55.066. SUBPOENA AND EXAMINATION OF WITNESSES. The 11 judicial officer or a prosecuting attorney may, when necessary to determine the material 12 facts relating to the death, subpoena and examine witnesses for a proceeding under 13 AS 09.55.062 - 09.55.069. 14 Sec. 09.55.068. VERDICT OF INQUEST JURY. After hearing the testimony, 15 the jury or two thirds of its number shall give its written verdict, signed and setting out 16 (1) the name of the deceased and when, where, and by what means the 17 deceased died; and 18 (2) whether the deceased was killed or the death was occasioned by the 19 act of another by criminal means. 20 Sec. 09.55.069. COMPENSATION AND EXPENSES ALLOWED. The 21 members of the jury and witnesses in an inquest under AS 09.55.062 - 09.55.069 are 22 entitled to the same compensation as in civil actions in a district court, and the 23 compensation and other incidental expenses shall be audited and allowed as in the case 24 of other similar expenses. When the judicial officer has submitted the petition to a jury 25 in compliance with AS 09.55.062 and there is no interested party or an estate from which 26 the costs of the proceedings can be audited and allowed, then the costs shall be paid 27 from the "relief fund" created by the laws dealing with lost persons, upon vouchers made 28 out, signed, and sworn to by the judicial officer. 29 * Sec. 2. AS 12.65 is amended by adding a new section to read: 30 Sec. 12.65.005. DUTY TO NOTIFY STATE MEDICAL EXAMINER. (a) 31 Unless the person has reasonable grounds to believe that notice has already been given,
01 a person who attends a death or has knowledge of a death, in addition to notifying a 02 peace officer, shall immediately notify the state medical examiner when the death 03 appears to have 04 (1) been caused by unknown or criminal means, during the commission 05 of a crime, or by suicide, accident, or poisoning; 06 (2) occurred under suspicious or unusual circumstances or occurred 07 suddenly when the decedent was in apparent good health; 08 (3) been unattended by a practicing physician or occurred less than 24 09 hours after the deceased was admitted to a medical facility; 10 (4) been associated with a diagnostic or therapeutic procedure; 11 (5) resulted from a disease that constitutes a threat to public health; 12 (6) been caused by a disease, injury, or toxic agent resulting from 13 employment; 14 (7) occurred in a jail or corrections facility owned or operated by the 15 state or a political subdivision of the state or in a facility for the placement of persons 16 in the custody or under the supervision of the state; 17 (8) occurred in a foster home; 18 (9) occurred in a mental institution or mental health treatment facility; or 19 (10) occurred while the deceased was in the custody of, or was being 20 taken into the custody of, the state or a political subdivision of the state or a public 21 officer or agent of the state or a political subdivision of the state. 22 (b) A person who attends a death or has knowledge of a death occurring in 23 circumstances other than those enumerated in (a) of this section may notify the state 24 medical examiners of the death if, in the person's opinion, a death investigation under 25 AS 12.65.020 - 12.65.025 may be appropriate. 26 (c) The body of a person whose death has been or should be reported to the state 27 medical examiner under this section may not be moved or otherwise disturbed without 28 the permission of the state medical examiner. 29 * Sec. 3. AS 12.65.015(a) is amended to read: 30 (a) The [IN ADDITION TO APPOINTING MEDICAL EXAMINERS UNDER 31 AS 12.65.010, THE] commissioner of health and social services shall appoint a
01 [ESTABLISH IN THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES THE 02 POSITION OF] state medical examiner to perform the duties set out in AS 12.65.015 - 03 12.65.025. The commissioner may also appoint a deputy medical examiner and 04 assistant medical examiners to perform or assist the state medical examiner in 05 performing these duties. To be eligible for the position of medical examiner, deputy 06 medical examiner, or assistant medical examiner, a person must be a physician 07 licensed to practice in this state or, if the physician is licensed in another 08 jurisdiction, the physician must be employed by the state or by an agency of the 09 United States government within the state. The state medical examiner, deputy 10 medical examiner, and assistant medical examiners are [IS] in the exempt service 11 under AS 39.25.110. 12 * Sec. 4. AS 12.65.015 is amended by adding a new subsection to read: 13 (d) The state medical examiner may, through contracts for services, appoint 14 local, regional, and district medical examiners throughout the state to perform or assist 15 in performing the duties assigned to the state medical examiner. To be eligible for 16 appointment as a local, regional, or district medical examiner, a person must be a 17 physician licensed to practice in this state or, if the physician is licensed in another 18 jurisdiction, the physician must be employed by the state or by an agency of the United 19 States government within the state. An appointment under this subsection may be for 20 a term of up to two years. 21 * Sec. 5. AS 12.65.020 is repealed and reenacted to read: 22 Sec. 12.65.020. MEDICAL DEATH INVESTIGATIONS. (a) When a death 23 is reported to the state medical examiner under AS 12.65.005, or when a person dies 24 under circumstances that, in the opinion of the state medical examiner, warrant an 25 investigation, the state medical examiner may perform a medical death investigation. In 26 performing the investigation, the state medical examiner may 27 (1) order that the body of the person who has died not be moved or 28 otherwise disturbed without the permission of the medical examiner; 29 (2) request a peace officer to secure the scene and perform an on-scene 30 investigation; 31 (3) view the remains of the deceased person;
01 (4) order the remains of the deceased to be transported to another 02 location; 03 (5) perform a post mortem examination; 04 (6) perform an autopsy; 05 (7) take possession of property considered necessary for the investigation; 06 (8) subpoena and examine a person or record necessary in the opinion 07 of the medical examiner to determine the material facts relating to the death; and 08 (9) take other actions appropriate under the circumstances to determine 09 the cause and manner of death. 10 (b) When the state medical examiner has completed an investigation or made the 11 inquiry considered appropriate by the examiner, the examiner shall prepare a report of 12 the examiner's findings and conclusions. If the findings and conclusions indicate that 13 the death may have been caused by criminal means, the state medical examiner shall 14 submit a copy of the report to the district attorney responsible for prosecutions in the 15 location where the death occurred. The state medical examiner's investigative report is 16 a privileged and confidential document, not subject to public disclosure under AS 09.25. 17 It may be disclosed to public officers and employees for a public purpose and, when 18 doing so will not interfere with an ongoing investigation or prosecution, to a person who 19 is related to the deceased or who has a financial or personal interest in the estate of the 20 deceased person. 21 (c) The state medical examiner or a prosecuting attorney may petition the court 22 to hold a death inquest under AS 09.55.062 if the findings and conclusions of the state 23 medical examiner, in the opinion of the state medical examiner or prosecuting attorney, 24 warrant the inquest. Otherwise, the state medical examiner shall cause a certificate of 25 death for the deceased person to be completed and filed as prescribed by law. 26 (d) The state medical examiner may direct the state registrar of vital statistics to 27 amend a death certificate when, in the opinion of the state medical examiner, the death 28 certificate is incomplete or inaccurate. 29 (e) The state medical examiner may enter into agreements for services to be 30 performed by persons in the course of medical investigations and may call upon public 31 employees, including a peace officer or a village public safety officer, to perform or
01 assist in performing the duties specified in this section. 02 (f) The state medical examiner and individuals who perform or assist the state 03 medical examiner in performing the duties of the state medical examiner under this 04 section are immune from civil liability based on determining the cause and manner of 05 a person's death. 06 (g) The Department of Health and Social Services shall adopt regulations to 07 implement this section. 08 * Sec. 6. AS 12.65.025(a) is amended to read: 09 (a) The state medical examiner [COMMISSIONER OF HEALTH AND 10 SOCIAL SERVICES] shall designate the facilities at which post mortem examinations 11 and autopsies ordered under this chapter may be performed. The Department of Health 12 and Social Services shall pay the costs of 13 (1) post mortem examinations and autopsies ordered under this chapter; 14 (2) related transportation to the location where the post mortem 15 examination is conducted and then to the community closest to where the death 16 occurred, except that transportation costs to another requested location may be paid 17 to the extent that the costs do not exceed the costs of returning the body to the 18 community closest to where the death occurred; 19 (3) embalming required by law; and 20 (4) cosmetology necessary to make the head, face, neck, and hands of 21 the deceased presentable if those parts of the body are disfigured by the post mortem 22 examination [AUTOPSY]. 23 * Sec. 7. AS 12.65.100 is amended to read: 24 Sec. 12.65.100. UNCLAIMED BODIES. When a person dies and no person 25 appears to claim the body for burial, and no provision is made for the body under 26 AS 13.50, the [CORONER SHALL NOTIFY THE] Department of Health and Social 27 Services, upon notification, [WHICH] shall request a court order authorizing 28 [CAUSE] the body to be plainly and decently buried or cremated and the remains 29 decently interred. A judicial officer shall issue the requested order upon the sworn 30 testimony or statement of a representative of the Department of Health and Social 31 Services that a person has not appeared to claim the body for burial and provision
01 is not made for the body under AS 13.50. 02 * Sec. 8. AS 12.65 is amended by adding a new section to read: 03 Sec. 12.65.105. RELEASE OF PROPERTY TO TEMPORARY CUSTODIAN. 04 A person having possession of tangible personal property of a decedent may release the 05 property to a temporary custodian willing to take custody of and preserve the property 06 pending the appointment of a personal representative or other transfer under AS 13.16. 07 Upon execution of an affidavit that meets the requirements of court rules adopted to 08 implement this section, the person delivering possession of the property is discharged 09 from further obligation as though the person had dealt with the personal representative 10 of the estate, and the temporary custodian is answerable and accountable for the property 11 to any personal representative of the estate or to another person having a superior right. 12 * Sec. 9. AS 12.65.110 is amended to read: 13 Sec. 12.65.110. INVENTORY AND DISPOSITION OF PROPERTY. If a body 14 is unclaimed as described in AS 12.65.100 and money or other property belonging to the 15 deceased is found, the public administrator [CORONER] shall inventory it [FOR THE 16 CORONER'S RECORDS] and take it into possession [. THE CORONER SHALL, 17 WITHIN 30 DAYS AFTER INTERMENT, TRANSMIT A CERTIFIED COPY OF THE 18 INVENTORY AND THE MONEY OR PROPERTY TO THE PUBLIC 19 ADMINISTRATOR OF THAT JUDICIAL DISTRICT] for disposition under AS 13.16 20 [AS 22.15.320]. 21 * Sec. 10. AS 18.50.230(d) is amended to read: 22 (d) When a death occurs without medical attendance, or when official inquiry 23 is required, the department shall provide by regulation, in accordance with law, the 24 responsibility for completing and signing the medical certification. This subsection is 25 intended to include, among others, cases involving a medical examiner [OR A 26 CORONER,] and cases involving presumption of death. 27 * Sec. 11. AS 22.15.030(a) is amended to read: 28 (a) The district court has jurisdiction of civil cases, including foreign judgments 29 filed under AS 09.30.200 and arbitration proceedings under AS 09.43.170, as follows: 30 (1) for the recovery of money or damages when the amount claimed 31 exclusive of costs, interest, and attorney fees does not exceed $50,000;
01 (2) for the recovery of specific personal property, when the value of the 02 property claimed and the damages for the detention do not exceed $50,000; 03 (3) for the recovery of a penalty or forfeiture, whether given by statute 04 or arising out of contract, not exceeding $50,000; 05 (4) to give judgment without action upon the confession of the defendant 06 for any of the cases specified in this section, except for a penalty or forfeiture imposed 07 by statute; 08 (5) for establishing the fact of death or cause and manner of death of 09 any person in the manner prescribed in AS 09.55.020 - 09.55.069 [AS 09.55.020 - 10 09.55.060]; 11 (6) for the recovery of the possession of premises in the manner provided 12 under AS 09.45.070 - 09.45.160 when the value of the arrears and damage to the 13 property does not exceed $50,000; 14 (7) for the foreclosure of a lien when the amount in controversy does not 15 exceed $50,000; 16 (8) for the recovery of money or damages in motor vehicle tort cases 17 when the amount claimed exclusive of costs, interest, and attorney fees does not exceed 18 $50,000; 19 (9) over civil actions for taking utility service and for damages to or 20 interference with a utility line filed under AS 42.20.030; 21 (10) over cases involving injunctive relief for domestic violence under 22 AS 25.35.010 and 25.35.020. 23 * Sec. 12. AS 22.15.100 is amended to read: 24 Sec. 22.15.100. FUNCTIONS AND POWERS OF DISTRICT JUDGE AND 25 MAGISTRATE. Each district judge and magistrate has the power 26 (1) to issue writs of habeas corpus for the purpose of inquiring into the 27 cause of restraint of liberty, returnable before a judge of the superior court, and the same 28 proceedings shall be had on the writ as if it had been granted by the superior court judge 29 under the laws of the state in such cases; 30 (2) of a notary public; 31 (3) to issue marriage licenses and to solemnize marriages;
01 (4) to issue warrants of arrest, summons, and search warrants according 02 to manner and procedure prescribed by law and the supreme court; 03 (5) to act as an examining judge or magistrate in preliminary 04 examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 05 release of defendants under bail; 06 (6) to act as a referee in matters and actions referred to the judge or 07 magistrate by the superior court, with all powers conferred upon referees by laws; 08 (7) of the superior court in all respects including but not limited to 09 contempts, attendance of witnesses, and bench warrants; 10 (8) to order the temporary detention of a minor, or take other action 11 authorized by law or rules of procedure, in cases arising under AS 47.10, when the 12 minor is in a condition or surrounding dangerous or injurious to the welfare of the minor 13 or others that requires immediate action; the action may be continued in effect until 14 reviewed by the superior court in accordance with rules of procedure governing these 15 cases; 16 (9) to issue a temporary order for injunctive relief in cases involving 17 domestic violence as provided in AS 25.35.010 and 25.35.020; 18 (10) to review an administrative revocation of a person's driver's license 19 or nonresident privilege to drive, and an administrative refusal to issue an original 20 license, when designated as a hearing officer by the commissioner of public safety and 21 with the consent of the administrative director of the state court system; 22 (11) to establish the fact of death or inquire into the death of a 23 person in the manner prescribed under AS 09.55.020 - 09.55.069. 24 * Sec. 13. AS 22.15.110(a) is amended to read: 25 (a) Each district judge and magistrate shall 26 (1) [PERFORM THE DUTIES AND EXERCISE THE AUTHORITY 27 OF CORONER AS PRESCRIBED BY LAW; 28 (2)] record birth, death, and marriage certificates presented to them for 29 record in the manner prescribed by law; 30 (2) authorize the burial or disposition of bodies under AS 12.65.100; 31 and
01 (3) upon application by an appropriate person, appoint the person 02 to assume temporary custody [TAKE CUSTODY AND CONTROL] of and preserve 03 the property and estate of deceased persons until disposition of the property is made 04 under AS 13.16 or further order is made by the court [A LEGAL CUSTODIAN IS 05 APPOINTED; 06 (4) REPEALED]. 07 * Sec. 14. AS 22.15.310 is amended to read: 08 Sec. 22.15.310. APPOINTMENT. When authorized by the supreme court, the 09 presiding judge in each judicial district shall appoint a person to act as public 10 administrator of the estates of deceased persons [AND AS CORONER]. 11 * Sec. 15. AS 22.15.320 is amended to read: 12 Sec. 22.15.320. ADMINISTRATION OF DECEDENTS' ESTATES. When 13 letters of administration are issued to a public administrator by the superior court in the 14 district, the public administrator is the legal custodian of and shall administer the estates 15 of deceased persons who leave property within the district. Letters of administration 16 shall be issued to the public administrator when (1) administration of a decedent's estate 17 is required by law, and (2) a period of 30 days has elapsed from the date of death with 18 no letters testamentary or letters of administration having been applied for and issued to 19 any other person entitled by law to administer the estate of the deceased person. Except 20 as otherwise provided in AS 22.15.310 - 22.15.340 [AS 22.15.310 - 22.15.350], a public 21 administrator shall administer estates as other administrators, and has all the rights and 22 authority, and is subject to all the duties and liabilities of other administrators. 23 * Sec. 16. AS 36.30.850(b) is amended to read: 24 (b) This chapter applies to every expenditure of state money by the state, acting 25 through an agency, under a contract, except that this chapter does not apply to 26 (1) grants; 27 (2) contracts for professional witnesses to provide for professional 28 services or testimony relating to existing or probable lawsuits in which the state is or 29 may become a party; 30 (3) contracts of the University of Alaska where the work is to be 31 performed substantially by students enrolled in the university;
01 (4) contracts for medical doctors and dentists; 02 (5) acquisitions or disposals of real property or interest in real property, 03 except as provided in AS 36.30.080 and 36.30.085; 04 (6) disposals under AS 38.05; 05 (7) contracts for the preparation of ballots under AS 15.15.030; 06 (8) acquisitions or disposals of property and other contracts relating to 07 airports under AS 02.15.070, 02.15.090, 02.15.091, and AS 44.88; 08 (9) disposals of obsolete property under AS 19.05.060; 09 (10) disposals of obsolete material or equipment under AS 35.20.060; 10 (11) agreements with providers of services under AS 44.47.250; 11 AS 47.07; AS 47.08; AS 47.10; AS 47.17; AS 47.24; AS 47.25.195, and 47.25.310; 12 (12) contracts of the Department of Fish and Game for flights that 13 involve specialized flying and piloting skills and are not point-to-point; 14 (13) purchases of income-producing assets for the state treasury or a 15 public corporation of the state; 16 (14) operation of the state boarding school established under AS 14.16 17 [,] if the State Board of Education or the commissioner of education adopts regulations 18 for use by the state boarding school in procurement and contracting; 19 (15) a contract that is a delegation, in whole or in part, of investment 20 powers held by the commissioner of revenue under AS 14.40.400, AS 14.42.200, 21 14.42.210, AS 18.56.095, AS 37.10.070, 37.10.071, or AS 37.14; 22 (16) a contract that is a delegation, in whole or in part, of investment 23 powers or fiduciary duties of 24 (A) the Board of Trustees of the Alaska Permanent Fund 25 Corporation under AS 37.13; 26 (B) the Alaska Mental Health Trust Authority under 27 AS 37.14.001 - 37.14.099; 28 (17) the purchase of books, book binding services, newspapers, 29 periodicals, audio-visual materials, network information services access, approval plans, 30 professional memberships, archival materials, objects of art, and items for museum or 31 archival acquisition having cultural, historical, or archaeological significance; in this
01 paragraph, 02 (A) "approval plans" means book selection services in which 03 current book titles meeting an agency's customized specifications are provided 04 to the agency subject to the right of the agency to return those books that do not 05 meet with the agency's approval; 06 (B) "archival materials" means the noncurrent records of an 07 agency that are preserved after appraisal because of their value; 08 (C) "audio-visual materials" means nonbook prerecorded 09 materials, including records, tapes, slides, transparencies, films, filmstrips, 10 cassettes, videos, compact discs, laser discs, and items that require the use of 11 equipment to render them usable; 12 (D) "network information services" means a group of resources 13 from which cataloging information, holdings records, inter-library loans, 14 acquisitions information, and other reference resources can be obtained; 15 (18) contracts for the purchase of standardized examinations for licensure 16 under AS 08; 17 (19) contracts for home health care provided under regulations adopted 18 by the Department of Health and Social Services and for adult residential care services 19 provided under regulations adopted by the Department of Health and Social Services or 20 by the Department of Administration; 21 (20) contracts for supplies or services for research projects funded by 22 money received from the federal government or private grants; 23 (21) guest speakers or performers for an educational or cultural activity; 24 (22) contracts of the Alaska Industrial Development and Export Authority 25 for a clean coal technology demonstration project that 26 (A) is attempting to develop a coal-fired electric generation 27 project; 28 (B) uses technology that is capable of commercialization during 29 the 1990's; and 30 (C) qualifies for federal financial participation under P.L. 99 -190, 31 as amended;
01 (23) disposals of supplies acquired through foreclosure of loans issued 02 under AS 03.10; 03 (24) purchases of curatorial and conservation services to maintain, 04 preserve, and interpret 05 (A) objects of art; and 06 (B) items having cultural, historical, or archaeological significance 07 to the state; 08 (25) acquisition of confidential seismic survey data necessary for pre-sale 09 oil and gas lease analyses under AS 38.05.180; 10 (26) contracts for village public safety officers; 11 (27) purchases of supplies and services to support the operations of the 12 Alaska state troopers or the division of fish and wildlife protection if the procurement 13 officer for the Department of Public Safety makes a written determination that publicity 14 of the purchases would jeopardize the safety of personnel or the success of a covert 15 operation; 16 (28) expenditures when rates are set by law or ordinance; 17 (29) construction of new vessels by the Department of Transportation and 18 Public Facilities for the Alaska marine highway system; 19 (30) contracts entered into with a regional development organization; in 20 this paragraph, "regional development organization" has the meaning given in 21 AS 44.33.026; 22 (31) contracts that are to be performed in an area outside of the country 23 and that require a knowledge of the customs, procedures, rules, or laws of the area; or 24 (32) contracts that are between the Department of Law and attorneys who 25 are not employed by the state and that are for the review or prosecution of possible 26 violations of the criminal law of the state in situations where the attorney general 27 concludes that an actual or potential conflict of interest makes it inappropriate for the 28 Department of Law to review or prosecute the possible violations; 29 (33) contracts between the Department of Natural Resources and 30 contractors qualified to evaluate hydrocarbon development, production, transportation, 31 and economics, to assist the commissioner of natural resources in evaluating applications
01 for oil and gas royalty increases or decreases or other oil and gas royalty adjustments, 02 and evaluating the related financial and technical data, entered into under 03 AS 38.05.180(j); 04 (34) contracts between the state medical examiner and a provider of 05 medical services to perform or assist in performing the duties assigned to the state 06 medical examiner in AS 12.65.020. 07 * Sec. 17. AS 39.25.110(13) is amended to read: 08 (13) the state medical examiner, deputy medical examiner, and 09 assistant medical examiners appointed under AS 12.65.015 and physicians licensed to 10 practice in this state and employed by the division of mental health and developmental 11 disabilities in the Department of Health and Social Services or by the Department of 12 Corrections; 13 * Sec. 18. AS 12.65.010, 12.65.030, 12.65.040, 12.65.050, 12.65.060, 12.65.070, 12.65.080, 14 12.65.090; AS 22.15.120(a)(10), and 22.15.350 are repealed.