SENATE CS FOR HOUSE BILL NO. 225(HES) "An Act relating to medical examiners and medical death examinations." 6:08:41 PM This was the first hearing for this bill in the Senate Finance Committee. SHALON SZYMANSKI, Staff to Representative Lesil McGuire, the bill's sponsor, explained that this bill would require the Commissioner of the Department of Health and Social Services to appoint a second medical examiner in the State. Currently, only one medical examiner is required. The workload of the State's Medical Examiner is increasing as exampled by the fact that approximately 1,100 cases were filed with the Office the previous year. The duties of the medical examiner range from conducting autopsies to administrative duties and legal duties, which require him to testify in Court. Current State law requires that autopsies be conducted in cases involving a crime or a suspicious death. However, on occasion, due to current workloads, no autopsy is conducted on the latter. Ms. Szymanski noted that there is currently "no backup" were the State's lone medical examiner unable to fulfill his duties. Co-Chair Wilken communicated that he had participated in the discussions on this bill during its Senate Health, Education, & Social Services Committee, of which he is a member. His concern then was that the Legislature "was doing the job" of the Governor Frank Murkowski Administration; continuing that point, he stated that the question is whether the Administration could hire a deputy medical examiner without this legislation. Ms. Szymanski responded that a second medical examiner could be hired provided funding was available. The issue therefore, is that, absent this legislation, those funds might not be constant. Therefore, the State might continue to be served by one medical examiner and, as a result, many cases might not receive the attention they deserve. 6:11:07 PM Co-Chair Wilken voiced that it "bothers me structurally" that one or several Legislators might decide that a position was needed and that, without question, that decision might be approved by the Legislature. There is a reason for the budgeting process and the separation of powers. The merits of hiring another medical examiner should be determined through the budgeting process. Furthering this legislation might establish an unwanted precedence. Were a second medical examiner deemed necessary, the Administration should advance it through the budgetary process. Ms. Szymanski "expressed" the sponsor's concern that the problem with the medical examiner position is one that "would not go away". The State's population is increasing and would warrant a second medical examiner. "It's an issue that needs to be dealt with, and that's the only reason why we bring this forward." Co-Chair Wilken acknowledged. Senator Olson, a medical doctor, spoke to the need of there being a second medical examiner. The current medical examiner is nearing retirement age and "is overworked". He has been "worked to the bone and has done a very good job of trying to keep up, but he only human". The requirements of the position are numerous. Therefore, he would support adding a Deputy Medical Examiner position due "to the intensity of the need". Co-Chair Green voiced concern to the fact that the bill was accompanied by a Department of Health and Social Services zero fiscal note, as the funding mechanism of the second medical examiner position was unclear. 6:13:49 PM Co-Chair Green joined Co-Chair Wilken in his concern of the process being forwarded by this legislation, as, in her tenure as a member of the Legislature, she could not recall ever entertaining a request to add a staff position "through this process". Such requests have historically been advanced through the budgetary process. DR. RICHARD MANDSANGER, Director, Division of Public Health, Department of Health and Social Services informed the Committee that the Department currently has sufficient funding in its budget for two medical examiners. He informed the Committee that an individual was offered the job as deputy medical examiner the previous day. This legislation would "mandate" that the State would always have a minimum of two medical examiners. That number is warranted. No fiscal expense accompanies this bill, as funds are currently available through which to support two medical examiners. While the Department has had the ability to have two medical examiners, this legislation would include in State Statute the language "shall appoint" a deputy medical examiner. Dr. Mandsanger acknowledged Co-Chair Wilken's comments about adhering to budgetary process procedures, and informed the Committee that, in all likelihood, he would be testifying in support of the needs of the Medical Examiners' Office during future budgetary proceedings. 6:15:41 PM Dr. Mandsanger informed the Committee that a $100,000 increment was included in the Governor's FY 06 operating budget proposal to support the infrastructure and needs of two medical examiners. Co-Chair Green ascertained therefore that that was the reason for there being a zero fiscal note with this legislation. The Governor's budget would include the funding needed to support the second medical examiner position. Dr. Mandsanger concurred. 6:16:07 PM In response to a question from Co-Chair Green, Co-Chair Wilken stated that his concerns, as previously stated, are on the record. Co-Chair Wilken moved to report the bill from Committee with individual recommendations and accompanying fiscal notes. AT EASE 6:16:39 PM / 6:17:37 PM There being no objection, SCS HB 225(HES) was REPORTED from Committee with zero fiscal note #1 dated March 30, 2005 from the Department of Health and Social Services. 6:18:04 PM