First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0520.01 Troy Bratton HOUSE BILL 11-1108 HOUSE SPONSORSHIP Fields, Ryden, Barker, Beezley, Bradford, Brown, Casso, Coram, Court, Duran, Ferrandino, Gardner D., Hullinghorst, Kerr A., Labuda, Levy, McCann, Murray, Pabon, Schafer S., Solano, Todd, Williams A., Wilson SENATE SPONSORSHIP Carroll, Aguilar, Giron, Johnston House Committees Senate Committees Local Government A BILL FOR AN ACT Concerning the creation of the county coroner review commission. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill creates the county coroner review commission. The commission's duties are to study: The duties and responsibilities of coroners; Whether the office of the county coroner should be an elected position; Whether there should be additional qualifications for coroners; Whether there should be additional training for coroners; Whether a medical examiner system would be more beneficial than a coroner system; Whether coroners should be elected from judicial districts rather than from counties; and Whether another system would meet the needs of the people of Colorado. The commission will meet as often as necessary and then submit a report to the local government committees of the general assembly on the first day of the regular session commencing in 2013. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Title 30, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read: ARTICLE 4 County Coroner Review Commission 30-4-101. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) It is beneficial from time to time for the general assembly to review the qualifications of county elected officials to ensure that such qualifications remain consistent with the duties and responsibilities of a particular office; (b) The qualifications and other aspects for the office of county coroner should be examined to determine whether the qualifications should be amended to more closely reflect the duties and responsibilities of the office; (c) The county coroner system should be examined to determine whether it should be altered to better serve the people of Colorado; and (d) Achievement of the goals described in this subsection (1) requires the establishment of an independent commission that is empowered to make recommendations to the general assembly on the proper qualifications of a county coroner and on the county coroner system. 30-4-102. County coroner review commission - creation - membership. (1) There is hereby created a commission to be known as the county coroner review commission consisting of thirteen members who shall be appointed as follows: (a) One legislative member appointed by the president of the senate; (b) One legislative member appointed by the speaker of the house of representatives; (c) One legislative member appointed by the minority leader in the senate; (d) One legislative member appointed by the minority leader in the house of representatives; and (e) Nine members appointed jointly by the president of the senate and the speaker of the house of representatives as follows: (I) Two members to represent the Colorado coroners association, or its successor; (II) Two members to represent county sheriffs of Colorado, or its successor; (III) Two members to represent the Colorado district attorneys' council, or its successor; (IV) One member to represent Colorado counties, inc., or its successor; (V) One member to represent the Colorado municipal league, or its successor; and (VI) One member to represent the Colorado hospital association, or its successor. (2) Initial appointments to the commission in accordance with the requirements of subsection (1) of this section shall be made no later than September 1, 2011. 30-4-103. Commission chair - meetings. (1) The commission shall convene its first meeting no later than September 30, 2011, and at its first meeting shall elect one member to serve as chair. The commission shall prescribe its own rules of procedure. (2) The commission may meet as often as necessary to perform its functions. (3) Commission members shall serve without compensation and shall not be entitled to reimbursement for expenses, and the legislative council staff and office of legislative legal services shall not provide staff support to assist in the activities of the commission. 30-4-104. Commission duties and responsibilities. (1) The commission shall have the following duties: (a) To study the duties and responsibilities of county coroners, including, but not limited to, how those duties and responsibilities differ between large and small or rural and urban counties; (b) To determine whether the office of county coroner should be an elected position; (c) To determine whether there should be additional qualifications required of those seeking the office of county coroner, including, but not limited to, medical or forensic pathology qualifications; (d) To determine whether elected county coroners should undergo additional training prior to taking office; (e) To study whether a medical examiner system rather than a coroner system would better serve the needs of a county; (f) To study whether coroners should be elected from judicial districts rather than from counties; and (g) To study any other part of the county coroner system in an effort to identify a system that comes closest to meeting the needs and expectations of the people of Colorado. (2) In carrying out its duties under this article, the commission may take testimony and gather information as the commission deems appropriate. (3) No later than the first day of convening of the first regular session of the sixty-ninth general assembly, the commission shall submit to the local government committee in the house of representatives and the local government and energy committee in the senate, or any successor committees, a report that contains the recommendations of the commission as they relate to the commission's duties specified in subsection (1) of this section. The report may contain any additional facts and information that the commission deems relevant to its purpose. (4) The general assembly, in considering and enacting any legislation or in considering and referring any questions to the people of Colorado concerning county coroners, shall give consideration to the recommendations contained in the report submitted by the commission. SECTION 2. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.