HB 520: "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."
00HOUSE BILL NO. 520 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 12 material facts relating to the death, subpoena and examine witnesses for a proceeding 13 under 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 16 out 17 (1) the name of the deceased and when, where, and by what means the 18 deceased died; and 19 (2) whether the deceased was killed or the death was occasioned by the 20 act of another by criminal means. 21 Sec. 09.55.069. COMPENSATION AND EXPENSES ALLOWED. The 22 members of the jury and witnesses in an inquest under AS 09.55.062 - 09.55.069 are 23 entitled to the same compensation as in civil actions in a district court, and the 24 compensation and other incidental expenses shall be audited and allowed as in the case 25 of other similar expenses. When the judicial officer has submitted the petition to a 26 jury in compliance with AS 09.55.062 and there is no interested party or an estate 27 from which the costs of the proceedings can be audited and allowed, then the costs 28 shall be paid from the "relief fund" created by the laws dealing with lost persons, upon 29 vouchers made out, signed, and sworn to by the judicial officer. 30 * Sec. 2. AS 12.65 is amended by adding a new section to read: 31 Sec. 12.65.005. DUTY TO NOTIFY STATE MEDICAL EXAMINER. (a)
01 Unless the person has reasonable grounds to believe that notice has already been given, 02 a person who attends a death or has knowledge of a death, in addition to notifying a 03 peace officer, shall immediately notify the state medical examiner when the death 04 appears to have 05 (1) been caused by unknown or criminal means, during the commission 06 of a crime, or by suicide, accident, or poisoning; 07 (2) occurred under suspicious or unusual circumstances or occurred 08 suddenly when the decedent was in apparent good health; 09 (3) been unattended by a practicing physician or occurred less than 24 10 hours after the deceased was admitted to a medical facility; 11 (4) been associated with a diagnostic or therapeutic procedure; 12 (5) resulted from a disease that constitutes a threat to public health; 13 (6) been caused by a disease, injury, or toxic agent resulting from 14 employment; 15 (7) occurred in a jail or corrections facility owned or operated by the 16 state or a political subdivision of the state or in a facility for the placement of persons 17 in the custody or under the supervision of the state; 18 (8) occurred in a foster home; 19 (9) occurred in a mental institution or mental health treatment facility; 20 or 21 (10) occurred while the deceased was in the custody of, or was being 22 taken into the custody of, the state or a public officer or agent of the state. 23 (b) A person who attends a death or has knowledge of a death occurring in 24 circumstances other than those enumerated in (a) of this section may notify the state 25 medical examiners of the death if, in the person's opinion, a death investigation under 26 AS 12.65.020 - 12.65.025 may be appropriate. 27 (c) The body of a person whose death has been or should be reported to the 28 state medical examiner under this section may not be moved or otherwise disturbed 29 without the permission of the state medical examiner. 30 * Sec. 3. AS 12.65.015(a) is amended to read: 31 (a) The [IN ADDITION TO APPOINTING MEDICAL EXAMINERS
01 UNDER AS 12.65.010, THE] commissioner of health and social services shall appoint 02 a [ESTABLISH IN THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES 03 THE POSITION OF] state medical examiner to perform the duties set out in 04 AS 12.65.015 - 12.65.025. The state medical examiner is in the exempt service under 05 AS 39.25.110. 06 * Sec. 4. AS 12.65.015 is amended by adding a new subsection to read: 07 (d) The state medical examiner may appoint local, regional, and district 08 medical examiners throughout the state to perform or assist in performing the duties 09 assigned to the state medical examiner. The state medical examiner may appoint any 10 number and designate them to serve the areas that, in the opinion of the state medical 11 examiner, the administration of justice requires. To be eligible for the position of 12 medical examiner under this subsection, a person must be a physician licensed to 13 practice in this state or, if the physician is licensed in another jurisdiction, the 14 physician must be employed by the state or by an agency of the United States 15 government within the state. An appointment under this subsection may be for a term 16 of up to two years. 17 * Sec. 5. AS 12.65.020 is repealed and reenacted to read: 18 Sec. 12.65.020. MEDICAL DEATH INVESTIGATIONS. (a) When a death 19 is reported to the state medical examiner under AS 12.65.005, or when a person dies 20 under circumstances that, in the opinion of the state medical examiner, warrant an 21 investigation, the state medical examiner may perform a medical death investigation. 22 In performing the investigation, the state medical examiner may 23 (1) order that the body of the person who has died not be moved or 24 otherwise disturbed without the permission of the medical examiner; 25 (2) direct a peace officer to secure the scene and perform an on-scene 26 investigation; 27 (3) view the remains of the deceased person; 28 (4) order the remains of the deceased to be transported to another 29 location; 30 (5) perform a post mortem examination; 31 (6) perform an autopsy;
01 (7) take possession of property considered necessary for the 02 investigation; 03 (8) subpoena and examine a person or record necessary in the opinion 04 of the medical examiner to determine the material facts relating to the death; and 05 (9) take other actions appropriate under the circumstances to determine 06 the cause and manner of death. 07 (b) When the state medical examiner has completed an investigation or made 08 the inquiry considered appropriate by the examiner, the examiner shall prepare a report 09 of the examiner's findings and conclusions. If the findings and conclusions indicate 10 that the death may have been caused by criminal means, the state medical examiner 11 shall submit a copy of the report to the district attorney responsible for prosecutions 12 in the location where the death occurred. The state medical examiner's investigative 13 report is a privileged and confidential document, not subject to public disclosure under 14 AS 09.25. It may be disclosed to public officers and employees for a public purpose 15 and, when doing so will not interfere with an ongoing investigation or prosecution, to 16 a person who is related to the deceased or who has a financial or personal interest in 17 the estate of the deceased person. 18 (c) The state medical examiner or a prosecuting attorney may petition the court 19 to hold a death inquest under AS 09.55.062 if the findings and conclusions of the state 20 medical examiner, in the opinion of the state medical examiner or prosecuting attorney, 21 warrant the inquest. Otherwise, the state medical examiner shall cause a certificate of 22 death for the deceased person to be completed and filed as prescribed by law. 23 (d) The state medical examiner may direct the state registrar of vital statistics 24 to amend a death certificate when, in the opinion of the state medical examiner, the 25 death certificate is incomplete or inaccurate. 26 (e) The state medical examiner may enter into agreements for services to be 27 performed by persons in the course of medical investigations and may call upon public 28 employees, including a peace officer or a village public safety officer, to perform or 29 assist in performing the duties specified in this section. 30 (f) The state medical examiner is immune from civil liability based on 31 determining the cause and manner of a person's death.
01 (g) The Department of Health and Social Services shall adopt regulations to 02 implement this section. 03 * Sec. 6. AS 12.65.025(a) is amended to read: 04 (a) The state medical examiner [COMMISSIONER OF HEALTH AND 05 SOCIAL SERVICES] shall designate the facilities at which post mortem examinations 06 and autopsies ordered under this chapter may be performed. The Department of Health 07 and Social Services shall pay the costs of 08 (1) post mortem examinations and autopsies ordered under this chapter; 09 (2) related transportation to the location where the post mortem 10 examination is conducted and then to the community closest to where the death 11 occurred, except that transportation costs to another requested location may be 12 paid to the extent that the costs do not exceed the costs of returning the body to 13 the community closest to where the death occurred; 14 (3) embalming required by law; and 15 (4) cosmetology necessary to make the head, face, neck, and hands of 16 the deceased presentable if those parts of the body are disfigured by the post mortem 17 examination [AUTOPSY]. 18 * Sec. 7. AS 12.65.100 is amended to read: 19 Sec. 12.65.100. UNCLAIMED BODIES. When a person dies and no person 20 appears to claim the body for burial, and no provision is made for the body under 21 AS 13.50, the [CORONER SHALL NOTIFY THE] Department of Health and Social 22 Services, upon notification, [WHICH] shall request a court order authorizing 23 [CAUSE] the body to be plainly and decently buried or cremated and the remains 24 decently interred. A judicial officer shall issue the requested order upon the sworn 25 testimony or statement of a representative of the Department of Health and Social 26 Services that a person has not appeared to claim the body for burial and 27 provision is not made for the body under AS 13.50. 28 * Sec. 8. AS 12.65.110 is amended to read: 29 Sec. 12.65.110. INVENTORY AND DISPOSITION OF PROPERTY. If a 30 body is unclaimed as described in AS 12.65.100 and money or other property 31 belonging to the deceased is found, the public administrator [CORONER] shall
01 inventory it [FOR THE CORONER'S RECORDS] and take it into possession [. THE 02 CORONER SHALL, WITHIN 30 DAYS AFTER INTERMENT, TRANSMIT A 03 CERTIFIED COPY OF THE INVENTORY AND THE MONEY OR PROPERTY TO 04 THE PUBLIC ADMINISTRATOR OF THAT JUDICIAL DISTRICT] for disposition 05 under AS 13.16.335 or 13.16.700 [AS 22.15.320]. 06 * Sec. 9. AS 13.16 is amended by adding a new section to article 6 to read: 07 Sec. 13.16.335. PUBLIC ADMINISTRATOR. (a) The commissioner of 08 health and social services shall appoint a public administrator to administer the estate 09 of a deceased person under this section. 10 (b) When letters of administration are issued to a public administrator by the 11 superior court in the district, the public administrator is the legal custodian of, and 12 shall administer the estate of, a deceased person who leaves property within the 13 district. Letters of administration shall be issued to the public administrator when (1) 14 administration of a decedent's estate is required by law, and (2) a period of 30 days 15 has elapsed from the date of death with no letters testamentary or letters of 16 administration having been applied for and issued to another person entitled by law to 17 administer the estate of the deceased person. Except as otherwise provided in this 18 section, a public administrator shall administer estates as other administrators, and has 19 all the rights and authority, and is subject to all the duties and liabilities, of other 20 administrators. 21 (c) Before administering an estate, the public administrator shall execute and 22 file with the court system a surety bond in the form and amount to be determined by 23 the court. 24 (d) A public administrator is entitled to compensation in an amount to be 25 determined by the Department of Health and Social Services and is not entitled to fees 26 as other administrators. 27 * Sec. 10. AS 18.50.230(d) is amended to read: 28 (d) When a death occurs without medical attendance, or when official inquiry 29 is required, the department shall provide by regulation, in accordance with law, the 30 responsibility for completing and signing the medical certification. This subsection is 31 intended to include, among others, cases involving a medical examiner [OR A
01 CORONER,] and cases involving presumption of death. 02 * Sec. 11. AS 22.15.030(a) is amended to read: 03 (a) The district court has jurisdiction of civil cases, including foreign 04 judgments filed under AS 09.30.200 and arbitration proceedings under AS 09.43.170, 05 as follows: 06 (1) for the recovery of money or damages when the amount claimed 07 exclusive of costs, interest, and attorney fees does not exceed $50,000; 08 (2) for the recovery of specific personal property, when the value of 09 the property claimed and the damages for the detention do not exceed $50,000; 10 (3) for the recovery of a penalty or forfeiture, whether given by statute 11 or arising out of contract, not exceeding $50,000; 12 (4) to give judgment without action upon the confession of the 13 defendant for any of the cases specified in this section, except for a penalty or 14 forfeiture imposed by statute; 15 (5) for establishing the fact of death or cause and manner of death 16 of any person in the manner prescribed in AS 09.55.020 - 09.55.069 [AS 09.55.020 - 17 09.55.060]; 18 (6) for the recovery of the possession of premises in the manner 19 provided under AS 09.45.070 - 09.45.160 when the value of the arrears and damage 20 to the property does not exceed $50,000; 21 (7) for the foreclosure of a lien when the amount in controversy does 22 not exceed $50,000; 23 (8) for the recovery of money or damages in motor vehicle tort cases 24 when the amount claimed exclusive of costs, interest, and attorney fees does not 25 exceed $50,000; 26 (9) over civil actions for taking utility service and for damages to or 27 interference with a utility line filed under AS 42.20.030; 28 (10) over cases involving injunctive relief for domestic violence under 29 AS 25.35.010 and 25.35.020. 30 * Sec. 12. AS 22.15.100 is amended to read: 31 Sec. 22.15.100. FUNCTIONS AND POWERS OF DISTRICT JUDGE AND
01 MAGISTRATE. Each district judge and magistrate has the power 02 (1) to issue writs of habeas corpus for the purpose of inquiring into the 03 cause of restraint of liberty, returnable before a judge of the superior court, and the 04 same proceedings shall be had on the writ as if it had been granted by the superior 05 court judge under the laws of the state in such cases; 06 (2) of a notary public; 07 (3) to issue marriage licenses and to solemnize marriages; 08 (4) to issue warrants of arrest, summons, and search warrants according 09 to manner and procedure prescribed by law and the supreme court; 10 (5) to act as an examining judge or magistrate in preliminary 11 examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 12 release of defendants under bail; 13 (6) to act as a referee in matters and actions referred to the judge or 14 magistrate by the superior court, with all powers conferred upon referees by laws; 15 (7) of the superior court in all respects including but not limited to 16 contempts, attendance of witnesses, and bench warrants; 17 (8) to order the temporary detention of a minor, or take other action 18 authorized by law or rules of procedure, in cases arising under AS 47.10, when the 19 minor is in a condition or surrounding dangerous or injurious to the welfare of the 20 minor or others that requires immediate action; the action may be continued in effect 21 until reviewed by the superior court in accordance with rules of procedure governing 22 these cases; 23 (9) to issue a temporary order for injunctive relief in cases involving 24 domestic violence as provided in AS 25.35.010 and 25.35.020; 25 (10) to review an administrative revocation of a person's driver's 26 license or nonresident privilege to drive, and an administrative refusal to issue an 27 original license, when designated as a hearing officer by the commissioner of public 28 safety and with the consent of the administrative director of the state court system; 29 (11) to establish the fact of death or inquire into the death of a 30 person in the manner prescribed under AS 09.55.020 - 09.55.069. 31 * Sec. 13. AS 22.15.110(a) is amended to read:
01 (a) Each district judge and magistrate shall 02 (1) [PERFORM THE DUTIES AND EXERCISE THE AUTHORITY 03 OF CORONER AS PRESCRIBED BY LAW; 04 (2)] record birth, death, and marriage certificates presented to them for 05 record in the manner prescribed by law; and 06 (2) authorize the burial or disposition of bodies under AS 12.65.100 07 [(3) TAKE CUSTODY AND CONTROL OF AND PRESERVE THE 08 PROPERTY AND ESTATE OF DECEASED PERSONS UNTIL A LEGAL 09 CUSTODIAN IS APPOINTED; 10 (4) REPEALED]. 11 * Sec. 14. AS 36.30.850(b) is amended to read: 12 (b) This chapter applies to every expenditure of state money by the state, 13 acting through an agency, under a contract, except that this chapter does not apply to 14 (1) grants; 15 (2) contracts for professional witnesses to provide for professional 16 services or testimony relating to existing or probable lawsuits in which the state is or 17 may become a party; 18 (3) contracts of the University of Alaska where the work is to be 19 performed substantially by students enrolled in the university; 20 (4) contracts for medical doctors and dentists; 21 (5) acquisitions or disposals of real property or interest in real property, 22 except as provided in AS 36.30.080 and 36.30.085; 23 (6) disposals under AS 38.05; 24 (7) contracts for the preparation of ballots under AS 15.15.030; 25 (8) acquisitions or disposals of property and other contracts relating to 26 airports under AS 02.15.070, 02.15.090, 02.15.091, and AS 44.88; 27 (9) disposals of obsolete property under AS 19.05.060; 28 (10) disposals of obsolete material or equipment under AS 35.20.060; 29 (11) agreements with providers of services under AS 44.47.250; 30 AS 47.07; AS 47.08; AS 47.10; AS 47.17; AS 47.24; AS 47.25.195, and 47.25.310; 31 (12) contracts of the Department of Fish and Game for flights that
01 involve specialized flying and piloting skills and are not point-to-point; 02 (13) purchases of income-producing assets for the state treasury or a 03 public corporation of the state; 04 (14) operation of the state boarding school established under AS 14.16 05 [,] if the State Board of Education or the commissioner of education adopts regulations 06 for use by the state boarding school in procurement and contracting; 07 (15) a contract that is a delegation, in whole or in part, of investment 08 powers held by the commissioner of revenue under AS 14.40.400, AS 14.42.200, 09 14.42.210, AS 18.56.095, AS 37.10.070, 37.10.071, or AS 37.14; 10 (16) a contract that is a delegation, in whole or in part, of investment 11 powers or fiduciary duties of 12 (A) the Board of Trustees of the Alaska Permanent Fund 13 Corporation under AS 37.13; 14 (B) the Alaska Mental Health Trust Authority under 15 AS 37.14.001 - 37.14.099; 16 (17) the purchase of books, book binding services, newspapers, 17 periodicals, audio-visual materials, network information services access, approval plans, 18 professional memberships, archival materials, objects of art, and items for museum or 19 archival acquisition having cultural, historical, or archaeological significance; in this 20 paragraph, 21 (A) "approval plans" means book selection services in which 22 current book titles meeting an agency's customized specifications are provided 23 to the agency subject to the right of the agency to return those books that do 24 not meet with the agency's approval; 25 (B) "archival materials" means the noncurrent records of an 26 agency that are preserved after appraisal because of their value; 27 (C) "audio-visual materials" means nonbook prerecorded 28 materials, including records, tapes, slides, transparencies, films, filmstrips, 29 cassettes, videos, compact discs, laser discs, and items that require the use of 30 equipment to render them usable; 31 (D) "network information services" means a group of resources
01 from which cataloging information, holdings records, inter-library loans, 02 acquisitions information, and other reference resources can be obtained; 03 (18) contracts for the purchase of standardized examinations for 04 licensure under AS 08; 05 (19) contracts for home health care provided under regulations adopted 06 by the Department of Health and Social Services and for adult residential care services 07 provided under regulations adopted by the Department of Health and Social Services 08 or by the Department of Administration; 09 (20) contracts for supplies or services for research projects funded by 10 money received from the federal government or private grants; 11 (21) guest speakers or performers for an educational or cultural activity; 12 (22) contracts of the Alaska Industrial Development and Export 13 Authority for a clean coal technology demonstration project that 14 (A) is attempting to develop a coal-fired electric generation 15 project; 16 (B) uses technology that is capable of commercialization during 17 the 1990's; and 18 (C) qualifies for federal financial participation under P.L. 99 - 19 190, as amended; 20 (23) disposals of supplies acquired through foreclosure of loans issued 21 under AS 03.10; 22 (24) purchases of curatorial and conservation services to maintain, 23 preserve, and interpret 24 (A) objects of art; and 25 (B) items having cultural, historical, or archaeological 26 significance to the state; 27 (25) acquisition of confidential seismic survey data necessary for pre- 28 sale oil and gas lease analyses under AS 38.05.180; 29 (26) contracts for village public safety officers; 30 (27) purchases of supplies and services to support the operations of the 31 Alaska state troopers or the division of fish and wildlife protection if the procurement
01 officer for the Department of Public Safety makes a written determination that 02 publicity of the purchases would jeopardize the safety of personnel or the success of 03 a covert operation; 04 (28) expenditures when rates are set by law or ordinance; 05 (29) construction of new vessels by the Department of Transportation 06 and Public Facilities for the Alaska marine highway system; 07 (30) contracts entered into with a regional development organization; 08 in this paragraph, "regional development organization" has the meaning given in 09 AS 44.33.026; 10 (31) contracts that are to be performed in an area outside of the country 11 and that require a knowledge of the customs, procedures, rules, or laws of the area; or 12 (32) contracts that are between the Department of Law and attorneys 13 who are not employed by the state and that are for the review or prosecution of 14 possible violations of the criminal law of the state in situations where the attorney 15 general concludes that an actual or potential conflict of interest makes it inappropriate 16 for the Department of Law to review or prosecute the possible violations; 17 (33) contracts between the Department of Natural Resources and 18 contractors qualified to evaluate hydrocarbon development, production, transportation, 19 and economics, to assist the commissioner of natural resources in evaluating 20 applications for oil and gas royalty increases or decreases or other oil and gas royalty 21 adjustments, and evaluating the related financial and technical data, entered into under 22 AS 38.05.180(j); 23 (34) contracts between a public administrator appointed under 24 AS 13.16.335 and a lawyer or a law firm retained to represent the public 25 administrator in the administration of the estate. 26 * Sec. 15. AS 12.65.010, 12.65.030, 12.65.040, 12.65.050, 12.65.060, 12.65.070, 12.65.080, 27 12.65.090; AS 22.15.120(a)(10), 22.15.310, 22.15.320, 22.15.330, 22.15.340, and 22.15.350 28 are repealed.