03/13/1996 01:45 PM House FIN

  HOUSE BILL 520                                                               
                                                                               
       "An Act relating to  death investigations and inquests,                 
                                                                               
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       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."                                      
                                                                               
  ARTHUR  SNOWDEN II,  ADMINISTRATIVE  DIRECTOR, ALASKA  COURT                 
  SYSTEM, spoke to HB  520 which would create a  unified death                 
  investigation  system  under  the  authority  of  the  State                 
  Medical Examiner within the Department  of Health and Social                 
  Services (DHSS).   The bill has a  net zero cost  with funds                 
  transferred from the  Alaska Court System to  the Department                 
  of Health and Social Services (DHSS) reflecting the transfer                 
  of death investigation responsibilities.                                     
                                                                               
  Co-Chair  Foster MOVED  to  adopt  work  draft  #9-LS1678\C,                 
  Lauterbach,  3/12/96, as the  version before  the Committee.                 
  There being NO OBJECTION, it was so ordered.                                 
                                                                               
  Mr.  Snowden  provided  background history  on  the  coroner                 
  system used in  Alaska.  He  emphasized that the old  system                 
  did  not  work  well.    Magistrates  have no  knowledge  of                 
  forensic pathology.  If a magistrate declared the purpose of                 
  death,  and  then left  town, a  case  could not  be brought                 
  forth, without being subject to  challenge.  That system was                 
  used because there  was no  other alternative.   Using  that                 
  system, costs have always been significant.                                  
                                                                               
  Mr.  Snowden established  that a  number of  years  ago, the                 
  State Legislature provided  funding for a State  Medical Lab                 
  in Anchorage.  The proposed legislation would  provide for a                 
  professional medical examiner to better support the criminal                 
  justice system, by investigating deaths of concern to public                 
  health officers.   The  version before  the Committee  would                 
  leave  the  public  administrator  functions  in  the  Court                 
  System.   All other services  would be moved  to DHSS.   Mr.                 
  Snowden spoke to Amendment #1.  [Copy on file].  He  pointed                 
  out that Amendment #1 would address technical changes.                       
                                                                               
  Representative Grussendorf MOVED to adopt Amendment #1.                      
                                                                               
  ELMER LINDSTROM,  SPECIAL  ASSISTANT  TO  THE  COMMISSIONER,                 
  OFFICE OF THE COMMISSIONER, DEPARTMENT  OF HEALTH AND SOCIAL                 
  SERVICES,  stated   that  Amendment  #1  had  resulted  from                 
  suggestions made by Terry Lauterbach,  legal drafter.  There                 
  being NO OBJECTION, Amendment #1 was adopted.                                
                                                                               
  Mr.  Lindstrom  stated  that   DHSS  supports  the  proposed                 
  legislation.   The  role of  the medical  examiner has  been                 
  successfully  seated  in  that  Department.    Historically,                 
  supplemental  requests   have  been  made  to  address  that                 
  concern.  He pointed out that this is the first year  that a                 
  need  does  not  exist  for  a  supplemental  request  or  a                 
                                                                               
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  reallocation  within  the Division  of  Public Health.   The                 
  legislation will provide  further tools to curtail  costs in                 
  that area.                                                                   
                                                                               
  Mr. Lindstrom added that a new fiscal note would reflect the                 
  action  taken through the House Finance Committee substitute                 
  corresponding to the Court  System fiscal note.   The fiscal                 
  note reflects the public administrator position remaining in                 
  the Court System.                                                            
                                                                               
  Representative Brown inquired if the State examiner would be                 
  required  to fill out  a Certificate of  Death for everyone.                 
  Mr.  Lindstrom responded that the proposed legislation would                 
  not  provide a  change to  that  process.   If the  death is                 
  referred  to  the  State  medical  examiner,  it  would  not                 
  necessarily be the medical examiner who  fills out the death                 
  certificate,  but would be filed under  that authority.  Mr.                 
  Lindstrom understood that  every death  in the State  should                 
  have a death  certificate.  Representative Brown  noted that                 
  HB  371 had been provided  a DHSS fiscal  note for the costs                 
  associated with changing a death certificate.                                
                                                                               
  Co-Chair  Foster  MOVED to  report CS  HB  520 (FIN)  out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.  There being NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  CS HB  520 (FIN) was  reported out  of Committee with  a "do                 
  pass" recommendation  and with  fiscal notes  by the  Alaska                 
  Court  System  and  the  Department  of  Health  and  Social                 
  Services and a zero fiscal note  by the Department of Public                 
  Safety.