CERTIFICATION OF ENROLLMENT

                        SENATE BILL 6226

                   Chapter 108, Laws of 1996

                        54th Legislature

                      1996 Regular Session

       MEDICAL EXAMINER APPOINTMENTS IN POPULOUS COUNTIES

                    EFFECTIVE DATE:  6/6/96

Passed by the Senate February 7, 1996   YEAS 35   NAYS 14             JOEL PRITCHARD President of the Senate Passed by the House February 28, 1996   YEAS 94   NAYS 0

CERTIFICATE I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6226 as passed by the Senate and the House of Representatives on the dates hereon set forth.

CLYDE BALLARD Speaker of the       House of Representatives

MARTY BROWN                             Secretary

Approved March 19, 1996 Place Style On Codes above, and Style Off Codes below.

FILED                      March 19, 1996 - 2:35 p.m.

MIKE LOWRY Governor of the State of Washington

Secretary of State                   State of Washington

          _______________________________________________

                         SENATE BILL 6226

          _______________________________________________

             Passed Legislature - 1996 Regular Session

State of Washington      54th Legislature     1996 Regular Session

By Senators Bauer, Moyer, Haugen and Winsley

Read first time 01/09/96.  Referred to Committee on Government Operations.

Allowing appointment of a medical examiner in more populous counties.

    AN ACT Relating to the appointment of a medical examiner in more populous counties; amending RCW 36.16.030; and adding a new section to chapter 36.24 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 36.16.030 and 1991 c 363 ss 46, 47 are each amended to read as follows:

    Except as provided elsewhere in this section, in every county there shall be elected from among the qualified voters of the county a county assessor, a county auditor, a county clerk, a county coroner, three county commissioners, a county prosecuting attorney, a county sheriff and a county treasurer, except that in each county with a population of less than forty thousand no coroner shall be elected and the prosecuting attorney shall be ex officio coroner.  Whenever the population of a county increases to forty thousand or more, the prosecuting attorney shall continue as ex officio coroner until a coroner is elected, at the next general election at which the office of prosecuting attorney normally would be elected, and assumes office as provided in RCW 29.04.170.  In any county where the population has once attained forty thousand people and a current coroner is in office and a subsequent census indicates less than forty thousand people, the county legislative authority may maintain the office of coroner by resolution or ordinance.  If the county legislative authority has not passed a resolution or enacted an ordinance to maintain the office of coroner, the elected coroner shall remain in office for the remainder of the term for which he or she was elected, but no coroner shall be elected at the next election at which that office would otherwise be filled and the prosecuting attorney shall be the ex officio coroner.  In a county with a population of two hundred fifty thousand or more, the county legislative authority may replace the office of coroner with a medical examiner system and appoint a medical examiner as specified in section 2 of this act. A noncharter county may have five county commissioners as provided in RCW 36.32.010 and 36.32.055 through 36.32.0558.

NEW SECTION. Sec. 2.  A new section is added to chapter 36.24 RCW to read as follows:

    In a county with a population of two hundred fifty thousand or more, the county legislative authority may, upon majority vote at an election called by the county legislative authority, adopt a system under which a medical examiner may be appointed to replace the office of the coroner.  The county legislative authority must adopt a resolution or ordinance that creates the office of medical examiner at least thirty days prior to the first day of filing for the primary election for county offices.  If a county adopts such a resolution or ordinance, the resolution or ordinance shall be referred to the voters for confirmation or rejection at the next date for a special election that is more than forty-five days from the date the resolution or ordinance was adopted.  If the resolution or ordinance is approved by majority vote, no election shall be held for the position of coroner and the coroner's position is abolished following the expiration of the coroner's term of office or upon vacating of the office of the coroner for any reason.  The county legislative authority shall appoint a medical examiner to assume the statutory duties performed by the county coroner and the appointment shall become effective following the expiration of the coroner's term of office or upon the vacating of the office of the coroner.  To be appointed as a medical examiner pursuant to this section, a person must either be:  (1) Certified as a forensic pathologist by the American board of pathology; or (2) a qualified physician eligible to take the American board of pathology exam in forensic pathology within one year of being appointed.  A physician specializing in pathology who is appointed to the position of medical examiner and who is not certified as a forensic pathologist must pass the pathology exam within three years of the appointment.

    Passed the Senate February 7, 1996.

    Passed the House February 28, 1996.

Approved by the Governor March 19, 1996.

    Filed in Office of Secretary of State March 19, 1996.