AN ACT Relating to deaths; amending RCW 6.04.040, 36.16.030, 36.16.050, 36.18.070, 36.28.040, 36.47.020, 43.101.090, 43.101.100, 46.04.040, 46.52.050, 49.08.030, 68.08.010, 68.08.020, 68.08.040, 68.08.050, 68.08.070, 68.08.100, 68.08.103, 68.08.105, 68.08.106, 68.08.300, 68.08.305, 68.08.320, 68.08.355, 68.08.360, 70.58.180, 70.58.390, and 78.40.351; reenacting and amending RCW 4.16.080; adding a new chapter to Title 43 RCW; creating new sections; repealing RCW 36.18.030, 36.24.010, 36.24.020, 36.24.030, 36.24.040, 36.24.050, 36.24.060, 36.24.070, 36.24.080, 36.24.090, 36.24.100, 36.24.110, 36.24.120, 36.24.130, 36.24.140, 36.24.150, 36.24.155, 36.24.160, 36.24.170, 36.24.175, 36.24.180, 68.08.030, 43.103.010, 43.103.020, 43.103.030, 43.103.040, 43.103.050, 43.103.060, 43.103.070, 43.103.080, 43.103.090, 43.103.900, 43.103.901, 68.08.104, 68.08.106, 68.08.107, 68.08.108, 68.12.010, 68.12.020, and 70.58.190; and prescribing penalties.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Autopsy" means a post mortem examination involving opening and dissection of a body, including the removal of organs, tissues, and fluids or other material for microscopical examination or for toxicological, chemical, bacterial, or other examinations as deemed necessary to study further the cause of death.

(2) "Body" means any human remains in any condition.

(3) "Board" means the board of medicolegal investigation established herein.

NEW SECTION. Sec. 2. There is created the Washington state board of medicolegal investigation which shall consist of nine members appointed by the governor as follows: One county sheriff; one chief of police; one county prosecutor; the chief of the Washington state patrol or the chief's designee; two members of a county legislative authority, one from a county west of the Cascade mountains and one from a county east of the Cascade mountains; one pathologist currently in private practice; one physician currently in private practice who is not a pathologist; and one member representing the public. The first six members listed above shall be eligible to serve only as long as they hold the position to which they were elected or appointed. In making the appointments, the governor shall give due consideration to providing a balanced representation between large and small jurisdictions and between counties west and east of the Cascade mountains.

All members except the chief of the Washington state patrol shall serve for three year terms, except that initially two members shall be appointed for one year, three members for two years and three members for three years. When appointing a member to fill a vacancy, the appointment shall only be for the remainder of the unexpired term.

Members shall receive no compensation but shall receive reimbursement for travel expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060.

The board shall annually elect one of its members as chairperson and one of its members as vice-chairperson. The board shall meet as often as it deems necessary, but at least quarterly. Special meetings of the board may be called by the state medical examiner, or any four members of the board. Five members shall constitute a quorum. The state medical examiner shall serve as executive officer to the board.

NEW SECTION. Sec. 3. The board shall have the following duties:

(1) To appoint the state medical examiner of the state of Washington;

(2) To adopt rules, regulations and standards as appropriate or necessary to effectively carry out the provisions of this chapter;

(3) To establish or acquire and maintain such laboratories, morgues, offices, and other facilities, together with necessary furnishings and equipment, as may be required to carry out the purposes of this chapter;

(4) To submit to the governor and the legislature, on or before the first day of September of every even-numbered year, a report of its activities and expenditures; and

(5) To perform such other duties as may be otherwise provided for in this chapter.

NEW SECTION. Sec. 4. There is created the office of the state medical examiner of the state of Washington to be operated under the general control and supervision of the board. The office shall be directed by the state medical examiner who may employ such other staff as are necessary to effectively carry out the provisions of this chapter.

NEW SECTION. Sec. 5. The board shall appoint a state medical examiner who shall be a forensic pathologist licensed to practice medicine in this state, and who shall serve at the pleasure of the board. The state medical examiner shall be directly responsible to the board for the performance of the duties provided for in this chapter and for the administration of the office of the state medical examiner.

NEW SECTION. Sec. 6. The state medical examiner shall:

(1) Serve as executive officer to the board;

(2) Develop, for the board's consideration, rules, regulations, and standards as appropriate for the effective operation of this chapter;

(3) Appoint forensic pathologists to serve as assistant state medical examiners and assistant medical examiners;

(4) Appoint county medical examiners pursuant to section 9 of this act;

(5) Appoint the state toxicologist;

(6) Designate pathologists who may perform autopsies pursuant to section 19 of this act;

(7) Supervise and direct the operations of the regional medical examiner office in Seattle;

(8) Supervise and have general charge of the assistant state medical examiners, the county medical examiners, and the state toxicologist; and

(9) Perform other duties as necessary related to the effective operation of this chapter.

NEW SECTION. Sec. 7. The state shall be divided into four medical examiner regions as follows:

(1) The northwestern region shall include the counties of Island, King, San Juan, Skagit, Snohomish, and Whatcom.

(2) The southwestern region shall include the counties of Clallam, Clark, Cowlitz, Grays Harbor, Jefferson, Kitsap, Lewis, Mason, Pacific, Pierce, Thurston, and Wahkiakum.

(3) The central region shall include the counties of Benton, Chelan, Franklin, Grant, Kittitas, Klickitat, Skamania, Walla Walla, and Yakima.

(4) The eastern region shall include the counties of Adams, Asotin, Columbia, Douglas, Ferry, Garfield, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, and Whitman.

Regional medical examiner offices, with facilities necessary and appropriate for the performance of autopsies and other duties imposed by this chapter, shall be established in the cities of Seattle, Tacoma, Yakima, and Spokane, respectively. The Seattle office shall serve as the system's main office, and its operations shall be directly controlled by the state medical examiner. The state medical examiner shall appoint three assistant state medical examiners, who shall also be forensic pathologists, to head the regional medical examiner offices in Tacoma, Yakima, and Spokane.

NEW SECTION. Sec. 8. The state medical examiner shall employ full time medical investigators for each county of the state with a population over three hundred thousand. The medical investigators shall report to, and shall be supervised by, either the state medical examiner or the assistant state medical examiner in their respective medical examiner region.

NEW SECTION. Sec. 9. (1) The state medical examiner shall appoint one or more county medical examiners for each county of the state other than King, Pierce, or Spokane. A county medical examiner shall be a physician licensed to practice medicine in the state and shall be reimbursed a set fee for each case investigated, such fee to be determined by the board. Upon appointing a county medical examiner, the state medical examiner shall notify the appropriate county legislative authority of the appointment. The county legislative authority may disapprove the appointment within fifteen days of receiving such notification. If the county legislative authority does not disapprove the appointment, the county medical examiner shall then assume office, and shall thereafter serve at the pleasure of the state medical examiner.

(2) In the event there is no physician in the county or no physician willing to serve as a county medical examiner, or in the event the county medical examiner is absent, ill, or disqualified by personal interest, the state medical examiner may appoint as a county medical examiner for the county a physician from another county, or may direct a county medical examiner from another county to perform the duties of county medical examiner in both counties. The county legislative authority may not disapprove any appointment of a county medical examiner made pursuant to this subsection. Nothing in this chapter shall prohibit or restrict the state medical examiner from appointing a county medical examiner and directing him or her to cross a county line.

(3) At the discretion of the state medical examiner, if it is not practicable to appoint a county medical examiner pursuant to subsection (1) or (2) of this section, the state medical examiner shall designate the county prosecuting attorney to serve as acting county medical examiner. The prosecuting attorney may designate a deputy prosecuting attorney or a law enforcement officer within the county to assist him or her in carrying out the duties of acting county medical examiner. In every case where a prosecuting attorney or the prosecuting attorney's designee is investigating a death pursuant to this subsection, the state medical examiner or the regional assistant state medical examiner shall make every effort to assist, advise and consult with the prosecutor or the designee to aid in the investigation. The prosecuting attorney or the prosecuting attorney's designee, acting pursuant to this subsection, shall not be entitled to reimbursement as provided for in subsection (1) of this section.

NEW SECTION. Sec. 10. The state medical examiner shall investigate, or cause to be investigated, human deaths where determination of the cause of death is in the public interest. This shall include all deaths known or suspected to be of the following types:

(1) Violent, homicidal, suicidal, or accidental deaths;

(2) Deaths caused by thermal, chemical, electrical, or radiation injury;

(3) Deaths caused by criminal abortion or suspected criminal abortion, including those self-induced, or by alleged rape, carnal knowledge, or sexual crimes;

(4) Deaths related to accidents while employed, or to disease resulting from employment, including disease related to injury;

(5) Deaths related to disease thought to be virulent or contagious, which might be caused by, or cause, a public hazard;

(6) Deaths that have occurred unexpectedly, or from unexplained causes;

(7) Deaths of persons confined in any prison or house of correction;

(8) Deaths of persons where the bodies are not claimed by relatives or the personal representative of the decedent;

(9) Deaths of all persons the identity of whom is unknown; and

(10) Deaths of persons whose bodies are to be cremated, buried at sea, transported out of the state, or otherwise made ultimately unavailable for pathological study.

NEW SECTION. Sec. 11. The board may by rule establish additional categories of deaths in which determination of the cause of such is found to be in the public interest. Such deaths shall be investigated in the same manner as those listed in section 10 of this act.

NEW SECTION. Sec. 12. The state medical examiner shall prepare and distribute to all county medical examiners appropriate forms to be used in filing reports of investigation, with instructions as to their use and detailed instructions as to the nature, character, and extent of investigation and examination to be made in each case in which investigation is required by this chapter.

NEW SECTION. Sec. 13. All law enforcement officers, and other state and local officials, shall cooperate fully with the state medical examiner, the assistant state medical examiner, or any county medical examiner in conducting an investigation pursuant to this chapter. Such officials, or the physician in attendance of the deceased, or other persons when the deceased was unattended by a physician, shall promptly notify the medical investigator or county medical examiner of the occurrence of any deaths coming to their attention which under this chapter is subject to investigation, and shall assist in making the body and related evidence available for the investigation.

The scene of death subject to the provisions of this chapter shall not be disturbed until authorized by the state medical examiner, an assistant state medical examiner, a medical investigator, or a county medical examiner, and a representative of any law enforcement agency which may also be conducting an investigation. Such authorization may be given by telephone. Nothing in this chapter shall prohibit a county prosecuting attorney, or his or her designee, from authorizing the removal of a body when it is determined to be in the public interest and conditions at the scene are adequately documented and preserved by photographs and measurements.

NEW SECTION. Sec. 14. Upon being notified of a death as provided in section 13 of this act, the medical investigator or county medical examiner shall take charge of the body, and immediately conduct an investigation into the cause and manner of death, and shall comply in detail with the instructions of the state medical examiner as provided for in section 12 of this act. The medical investigator or county medical examiner may have fingerprints and photographs taken, and may take charge of any object or writing found on or near the body which is deemed necessary for the purpose of establishing the cause and manner of death. Upon conclusion of the investigation and a determination that such objects or writings are no longer needed as evidence, the medical investigator or county medical examiner shall deliver them to the county prosecuting attorney for disposition. In order to aid the investigation, the medical investigator or county medical examiner shall have access at all times to any and all medical and dental records, and history of the deceased. Such records may not be released to any other person by the medical investigator or county medical examiner.

The medical investigator or county medical examiner shall authorize disposition of the body as soon as he or she completes the investigation. Such disposition shall occur within eighteen hours of the time the medical investigator or county medical examiner took charge of the body, unless a longer period is necessary to complete the required investigation. The body shall be released for disposition according to the wishes of the person responsible therefore, who may be the next of kin, a person acting as legal guardian at the time of death, or a person obligated by law to provide for such disposition. In all other cases, disposition shall be according to the terms of any signed statement previously executed by the deceased concerning his or her funeral, or burial, or the disposition of his or her remains. In the absence of any such statement, disposition shall be entrusted to a funeral home in the county where the body was found. Disposition shall be on a rotation basis, which shall treat equally all mortuaries desiring to participate. The rotations shall be established by the county medical examiner for the county after consultation with representatives of the mortuaries in the county involved.

NEW SECTION. Sec. 15. When attending a patient at time of death, physicians shall take care that the remains of the deceased are left in such a state that will not hinder or unnecessarily complicate the preparation for burial or other disposition: PROVIDED, That nothing in this section shall interfere with or restrict a physician's sworn duty to do all things necessary to save his or her patient's life.

NEW SECTION. Sec. 16. Upon completion of the investigation, the medical investigator or county medical examiner shall reduce his or her findings to writing upon the form supplied, which shall be promptly sent to the state medical examiner by mail. Copies of reports shall be furnished by the state medical examiner to investigating agencies having official interest therein.

NEW SECTION. Sec. 17. The state medical examiner, or his or her designee, may conduct the investigation as specified in this chapter, or relieve the county medical examiner at any stage of the investigation, and the county medical examiner shall thereafter be responsible only for such specific duties as the state medical examiner, or his or her designee, may assign.

NEW SECTION. Sec. 18. No dead human body whose death occurred in this state shall be cremated, buried at sea, or transported to another state, regardless of the cause and manner of death, unless the state medical examiner, an assistant state medical examiner, an assistant medical examiner or a county medical examiner determines that there is no further need for medicolegal inquiry into the death, and so certifies upon a form supplied by the state medical examiner. For this service, a county medical examiner shall be entitled to a fee established by the board, not to exceed one-half the fee provided for in section 9 of this act.

NEW SECTION. Sec. 19. If, in the opinion of the state medical examiner, an assistant state medical examiner, or a county medical examiner, it is advisable and in the public interest that an autopsy be performed, or if an autopsy is requested by the prosecuting attorney of the county wherein the death occurred, an autopsy shall be performed by the state medical examiner, an assistant state medical examiner, an assistant medical examiner, or a consultant pathologist designated by the state medical examiner. In determining whether the public interest requires an autopsy, the state medical examiner, assistant state medical examiner, or the county medical examiner shall take into account, but shall not be bound by a request for an autopsy from private persons, or from other public officials. A full record and report of the facts developed by the autopsy, and findings of the person performing the autopsy shall be promptly made and filed with the state medical examiner. Copies of such reports shall be furnished to prosecuting attorneys and law enforcement agencies making a criminal investigation in connection with the death. The next of kin, or any one of them if more than one, may at their own expense designate a physician to be present when the autopsy is conducted.

When in the opinion of the state medical examiner, it is necessary or desirable to designate a consultant pathologist to perform the autopsy, the pathologist shall be entitled to a reasonable fee to be established by the board.

Nothing in this chapter shall prohibit the state medical examiner, an assistant state medical examiner, or an assistant medical examiner from traveling to a location other than the site of a regional medical examiner office for the purpose of conducting an autopsy.

NEW SECTION. Sec. 20. The state medical examiner, an assistant state medical examiner, an assistant medical examiner, a medical investigator, or a county medical examiner may collect such blood, fluid or body waste specimens as is deemed necessary to carry out his or her duties as specified in this chapter.

NEW SECTION. Sec. 21. (1) In any case where death occurred under circumstances enumerated in section 10 of this act, and the body was buried without proper certification, or where reasonable cause develops for further investigation after a body is buried, the state medical examiner shall notify the prosecuting attorney of the county in which the body was buried. The prosecuting attorney may present facts to a judge of the superior court of that county, and the judge, after a hearing, may by written order require the body to be exhumed, and an autopsy performed by the state medical examiner, or an assistant state medical examiner. A complete report of the facts developed by the autopsy shall be prepared without delay, and a copy provided to the prosecuting attorney of the county within which the death occurred, or within which the body was buried, or both, and the judge who ordered the autopsy.

(2) No order for exhumation, as provided for in subsection (1) of this section, shall be made without notice of the hearing being served upon the decedent's surviving spouse, parents or next of kin, at least five days prior to the hearing. The notice shall be served in the same manner as provided for by law for the service of summons in a civil action, shall include the date, time, and place of the hearing, and shall advise the person so notified that he or she has the right to appear and be heard by the court at that time. The prosecuting attorney may, by affidavit, advise the court that the identity or whereabouts of any persons required to be served with notice under this subsection is unknown and cannot be ascertained with due diligence. Upon finding that the facts stated in the affidavit are true, the court shall not require notice be given.

NEW SECTION. Sec. 22. The state medical examiner, an assistant state medical examiner, an assistant medical examiner, or a county medical examiner is authorized to transport or cause to be transported the bodies of deceased persons of whose death he or she is officially informed to a regional medical examiner office, or other appropriate place for autopsy or for the performance of scientific tests. After said autopsy has been performed or such tests made, the bodies of such deceased persons shall be returned to the county from which they were brought, or, when so authorized by the prosecuting attorney of the county, and upon request of the nearest relative of the deceased or other person who may be responsible for burial, the body may be transported to some other place. The state medical examiner, or his or her designee, may authorize payment, in an amount to be determined by the board, for the services of transporting the body to the place designated for autopsy, which shall be submitted upon a claim filed with the office of the state medical examiner.

NEW SECTION. Sec. 23. The certification of death of any person whose death is investigated under this chapter shall be made by the state medical examiner, an assistant state medical examiner, an assistant medical examiner, or the county medical examiner who conducted the investigation upon a form and in the manner prescribed by the state medical examiner. The certificate shall be filed with the local registrar of the area within which the death occurred. Copies of all such certificates shall be forwarded immediately upon receipt by the registrar to the office of the state medical examiner.

NEW SECTION. Sec. 24. (1) For the purpose of determining the cause of death of any person as provided in this chapter, the state medical examiner, an assistant state medical examiner, an assistant medical examiner, a medical investigator, or a county medical examiner shall be authorized to enter any room, dwelling, building, or enclosure in which the body is located or where there is reasonable grounds for believing a body may be located. If necessary a warrant authorizing the entry may be obtained from a magistrate, the application and form for which shall be substantially the same as that provided in chapter 10.79 RCW. For the purpose of preserving evidence until an inquest has been held as to death of any human being, an individual authorized in this section may lock, close, or seal any room, dwelling, building, or enclosure for a period of not to exceed forty-eight hours and may deputize a peace officer as custodian of such premises. In the event that it is necessary to keep such room, dwelling, building, or enclosure locked or sealed for a period in excess of forty-eight hours, an individual authorized by this section may request the assistance of the prosecuting attorney in obtaining an order of a magistrate for such additional period of time as the magistrate may direct for the purpose of preserving evidence.

(2) No unauthorized person may enter or trespass in any such room, dwelling, building, or enclosure.

NEW SECTION. Sec. 25. (1) For the purpose of protecting evidence, if the death of any human being has occurred in the open and not within any building, tent, or other premises, the state medical examiner, an assistant state medical examiner, an assistant medical examiner, a medical investigator, or a county medical examiner may forbid the entrance of any person, except peace officers and prosecuting attorneys, into any specified, roped-off, or defined area bearing any marks, imprints, or other evidence of the manner of the death of the human being.

(2) No unauthorized person may enter or trespass in any area designated by this section.

NEW SECTION. Sec. 26. Any prosecuting attorney, having reason to believe that a death has been caused by illegal means, or upon request by the state medical examiner or an assistant state medical examiner, is authorized to hold a prosecuting attorney's inquest upon such death. The prosecuting attorney is authorized to issue subpoenas requiring attendance of witnesses and the production of documents at any such inquest, and may administer oaths and affirmations. The object of each such inquest is to obtain and preserve for the use of the prosecuting attorney information which will enable a determination whether criminal proceedings should be instituted against any persons responsible for death.

NEW SECTION. Sec. 27. If any witness fails to attend a prosecuting attorney's inquest in response to a proper subpoena or refuses to answer a proper question, or fails without good cause to produce a required document, the prosecuting attorney may obtain from the superior court having jurisdiction an order of contempt.

NEW SECTION. Sec. 28. Witnesses at a prosecuting attorney's inquest shall be entitled to the same fees and mileage as are payable to witnesses in the superior court, and these fees and mileage shall be paid by the county.

NEW SECTION. Sec. 29. In addition to the laboratories, morgues, offices, and other facilities provided for in section 3 of this act, the board shall establish or acquire and maintain a state toxicology laboratory, which shall be headed by the state toxicologist, who shall be appointed by the state medical examiner. The state toxicologist shall cause to be performed all toxicologic procedures necessary for the effective operation of the office of the state medical examiner or otherwise provided for by law. The toxicology laboratory shall be deemed to be within the meaning of medical and biological research as defined in RCW 66.08.180, and one hundred fifty thousand dollars per biennium shall be provided for partial funding of salaries and operations of the laboratory. The funds so provided shall take priority over disbursements of any other sums from the medical and biological research fund.

Sec. 30. Section 4, page 363, Laws of 1854 as last amended by section 1, chapter 127, Laws of 1937 and RCW 4.16.080 are each reenacted and amended to read as follows:

Within three years:

(1) An action for waste or trespass upon real property;

(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;

(3) An action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;

(4) An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;

(5) An action against a sheriff, ((~~coroner, or~~)) constable, or state medical examiner, assistant state medical examiner, assistant medical examiner, medical investigator, or county medical examiner, upon a liability incurred by the doing of an act in ((~~his~~)) an official capacity and by virtue of ((~~his~~)) the office, or by the omission of an official duty, including the nonpayment of money collected upon an execution; but this subdivision shall not apply to action for an escape;

(6) An action against an officer charged with misappropriation or a failure to properly account for public funds intrusted to his or her custody; an action upon a statute for penalty or forfeiture, where an action is given to the party aggrieved, or to such party and the state, except when the statute imposing it prescribed a different limitation: PROVIDED, HOWEVER, The cause of action for such misappropriation, penalty or forfeiture, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statutes of limitations, or the bar thereof, even though complete, shall not be deemed to accrue or to have accrued until discovery by the aggrieved party of the act or acts from which such liability has arisen or shall arise, and such liability, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statute of limitation, or the bar thereof, even though complete, shall exist and be enforceable for three years after discovery by aggrieved party of the act or acts from which such liability has arisen or shall arise.

(7) An action for seduction and breach of promise to marry.

Sec. 31. Section 4, chapter 25, Laws of 1929 as amended by section 5, chapter 329, Laws of 1981 and RCW 6.04.040 are each amended to read as follows:

The writ of execution shall be issued in the name of the state of Washington, sealed with the seal of the court, and subscribed by the clerk, and shall be directed to the sheriff of the county in which the property is situated, ((~~or to the coroner of such county, or the officer exercising the powers and performing the duties of coroner in case there be no coroner~~)) or to a citizen appointed in accordance with RCW 36.28.090, when the sheriff is a party, or interested, and shall intelligibly refer to the judgment, stating the court, the county where the judgment was rendered, the names of the parties, the amount of the judgment if it be for money, and the amount actually due thereon, and shall require substantially as follows:

(1) If the execution be against the property of the judgment debtor it shall require the officer to satisfy the judgment, with interest, out of the personal property of the debtor unless an affidavit has been filed with the court pursuant to RCW 6.04.035, in which case it shall require that the judgment, with interest, be satisfied out of the real property of the debtor.

(2) If the execution be against real or personal property in the hands of personal representatives, heirs, devisees, legatees, tenants of real property, or trustees, it shall require the officer to satisfy the judgment, with interest, out of such property.

(3) If the execution be for the delivery of real or personal property, it shall require the officer to deliver possession of the same, particularly describing it, to the party entitled thereto, and may, at the same time, require the officer to satisfy any charges, damages, or rents and profits recovered by the same judgment, out of the personal property of the party against whom it was rendered, and the value of the property for which the judgment was recovered, shall be specified therein. If a delivery of the property described in the execution cannot be had, and if sufficient personal property cannot be found to satisfy the judgment, it shall be satisfied out of the real property of the party against whom the judgment was rendered.

(4) When the execution is to enforce obedience to any special order, it shall particularly command what is required to be done or to be omitted.

(5) When the nature of the case shall require it, the execution may embrace one or more of the requirements above mentioned. And in all cases the execution shall require the collection of all interest, costs, and increased costs thereon.

Sec. 32. Section 36.16.030, chapter 4, Laws of 1963 and RCW 36.16.030 are each amended to read as follows:

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: PROVIDED, That in ((~~counties of the fourth, fifth, sixth, seventh, eighth, and ninth classes no coroner shall be elected and the prosecuting attorney shall be ex officio coroner: PROVIDED FURTHER, That in~~)) ninth class counties no county auditor or assessor shall be elected and the county clerk shall be ex officio county auditor, and the county treasurer shall be ex officio county assessor.

Sec. 33. Section 36.16.050, chapter 4, Laws of 1963 as last amended by section 1, chapter 71, Laws of 1971 and RCW 36.16.050 are each amended to read as follows:

Every county official before ((~~he enters~~)) entering upon the duties of ((~~his~~)) the office shall furnish a bond conditioned that he or she will faithfully perform the duties of ((~~his~~)) the office and account for and pay over all money which may come into his or her hands by virtue of ((~~his~~)) the office, and that he or she, or ((~~his~~)) any executors or administrators, will deliver to ((~~his~~)) the successor safe and undefaced all books, records, papers, seals, equipment, and furniture belonging to his office. Bonds of elective county officers shall be as follows:

Assessor: Amount to be fixed and sureties to be approved by proper county legislative authority;

Auditor: Amount to be fixed at not less than ten thousand dollars and sureties to be approved by the proper county legislative authority;

Clerk: Amount to be fixed in a penal sum not less than double the amount of money liable to come into his or her hands and sureties to be approved by the judge or a majority of the judges presiding over the court of which he or she is clerk: PROVIDED, That the maximum bond fixed for the clerk shall not exceed in amount that required for the treasurer in a county of that class;

((~~Coroner: Amount to be fixed at not less than five thousand dollars with sureties to be approved by the proper county legislative authority;~~))

Members of the proper county legislative authority: Sureties to be approved by the county clerk and the amounts to be:

(1) In class A, AA, counties and first class counties twenty-five thousand dollars;

(2) In second class counties, twenty-two thousand five hundred dollars;

(3) In third class counties, twenty thousand dollars;

(4) In fourth class counties, fifteen thousand dollars;

(5) In fifth class counties, ten thousand dollars;

(6) In sixth class counties, seven thousand five hundred dollars;

(7) In seventh and eighth class counties, five thousand dollars;

(8) In ninth class counties, two thousand dollars;

Prosecuting attorney: In the amount of five thousand dollars with sureties to be approved by the proper county legislative authority;

Sheriff: Amount to be fixed and bond approved by the proper county legislative authority at not less than five thousand nor more than fifty thousand dollars; surety to be a surety company authorized to do business in this state;

Treasurer: Sureties to be approved by the proper county legislative authority and the amounts to be fixed by the proper county legislative authority at double the amount liable to come into the treasurer's hands during his term, the maximum amount of the bond, however, not to exceed:

(1) In class A, AA, counties, two hundred fifty thousand dollars;

(2) In first class counties, two hundred thousand dollars;

(3) In second, third and fourth class counties, one hundred fifty thousand dollars;

(4) In all other counties, one hundred thousand dollars.

The treasurer's bond shall be conditioned that all moneys received by him or her for the use of the county shall be paid as the proper county legislative authority shall from time to time direct, except where special provision is made by law for the payment of such moneys, by order of any court, or otherwise, and for the faithful discharge of his duties.

Bonds for other than elective officials, if deemed necessary by the proper county legislative authority, shall be in such amount and form as such legislative authority shall determine.

In the approval of official bonds, the chairman may act for the board of county commissioners if it is not in session.

Sec. 34. Section 36.18.070, chapter 4, Laws of 1963 and RCW 36.18.070 are each amended to read as follows:

When any sheriff((,)) or constable ((~~or coroner~~)) serves more than one process in the same cause or on the same person not requiring more than one journey from ((~~his~~)) the office, he or she shall receive mileage only for the most distant service.

Sec. 35. Section 36.28.040, chapter 4, Laws of 1963 and RCW 36.28.040 are each amended to read as follows:

No sheriff((,)) or deputy sheriff((~~, or coroner~~)) shall be liable for any damages for neglecting or refusing to serve any civil process unless ((~~his~~)) the legal fees are first tendered ((~~him~~)).

Sec. 36. Section 36.47.020, chapter 4, Laws of 1963 as amended by section 1, chapter 5, Laws of 1969 ex. sess. and RCW 36.47.020 are each amended to read as follows:

It shall be the duty of the assessor, auditor, clerk, ((~~coroner,~~)) sheriff, superintendent of schools, treasurer, and prosecuting attorney of each county in the state, including appointive officials in charter counties heading like departments, to take such action as they jointly deem necessary to effect the coordination of the administrative programs of each county and to submit to the governor and the legislature biennially a joint report or joint reports containing recommendations for procedural changes which would increase the efficiency of the respective departments headed by such county officials.

Sec. 37. Section 9, chapter 94, Laws of 1974 ex. sess. as last amended by section 12, chapter 16, Laws of 1983 1st ex. sess. and RCW 43.101.090 are each amended to read as follows:

(1) There are hereby created and established training standards and education boards to be known and designated as (a) the board on law enforcement training standards and education, (b) the board on prosecutor training standards and education, and (c) the board on correctional training standards and education.

(2) The purpose of the board on law enforcement training standards and education shall be to provide programs and standards for the training and education of law enforcement personnel.

(3) The purpose of the board on prosecutor training standards and education shall be to provide programs and standards for the training and education of county prosecuting attorneys, municipal attorneys, and attorneys who are engaged primarily in the defense of persons charged with offenses ((~~and for the training and education of county coroners and county medical examiners who are engaged in death investigations~~)).

(4) The purpose of the board on correctional training standards and education shall be to provide programs and standards for the training and education of correctional personnel.

Sec. 38. Section 10, chapter 94, Laws of 1974 ex. sess. as last amended by section 13, chapter 16, Laws of 1983 1st ex. sess. and RCW 43.101.100 are each amended to read as follows:

(1) The board on law enforcement training standards and education shall consist of eleven members, who shall be appointed by the governor from incumbent law enforcement personnel. Two members shall be from police departments of cities having a population in excess of one hundred thousand and of whom one shall be a police chief, two members shall be from police departments of cities having a population of less than one hundred thousand and of whom one shall be a police chief, two members shall be from sheriffs' departments of class AA or A counties and of whom one shall be a sheriff, two members shall be from sheriffs' departments of counties less than class A and of whom one shall be a sheriff, one member shall represent the community colleges of the state, one member shall represent the four-year colleges and universities, and the final member shall be the chief of the state patrol.

(2) The board on prosecutor training standards and education shall consist of ((~~thirteen~~)) eleven members, who shall be appointed by the governor from incumbent county prosecuting attorneys, municipal attorneys, and attorneys who are engaged primarily in the defense of persons charged with offenses. Three members shall be from county prosecuting attorneys' offices, three members shall be from municipal attorneys' offices, three members shall be attorneys who are primarily engaged in the defense of persons charged with offenses, and two members shall be professors of law not from the same college or university((~~, one member shall be a county coroner from a county of the fourth class or above, and one member shall be a county medical examiner~~)).

(3) The board on correctional training standards and education shall consist of eleven members, who shall be appointed by the governor from incumbent correctional personnel. Three members shall be employed in the state correctional system, three members shall be employed in county correctional systems, three members shall be employed in the juvenile correctional system, one member shall represent the community colleges of the state, and one member shall represent the four-year colleges and universities.

Sec. 39. Section 46.04.040, chapter 12, Laws of 1961 and RCW 46.04.040 are each amended to read as follows:

"Authorized emergency vehicle" means any vehicle of any fire department, police department, sheriff's office, ((~~coroner~~)) office of the state medical examiner, prosecuting attorney, Washington state patrol, ambulance service, public or private, which need not be classified, registered or authorized by the state commission on equipment, or any other vehicle authorized in writing by the state commission on equipment.

Sec. 40. Section 46.52.050, chapter 12, Laws of 1961 and RCW 46.52.050 are each amended to read as follows:

((~~Every coroner or other official performing like functions~~)) The office of the state medical examiner shall, on or before the tenth day of each month, report in writing to the sheriff of the county in which ((~~he holds office~~)) the accident occurred and to the chief of the Washington state patrol the death of any person within his jurisdiction during the preceding calendar month as a result of an accident involving any vehicle, together with the circumstances of such accident.

Sec. 41. Section 3, chapter 58, Laws of 1903 and RCW 49.08.030 are each amended to read as follows:

Any notice or process issued by the board herein created, shall be served by any sheriff((~~, coroner~~)) or constable to whom the same may be directed, or in whose hands the same may be placed for service.

Sec. 42. Section 3, chapter 90, Laws of 1917 as last amended by section 1, chapter 178, Laws of 1963 and RCW 68.08.010 are each amended to read as follows:

((The jurisdiction of bodies of all deceased persons who come to their death suddenly when in apparent good health without medical attendance within the thirty-six hours preceding death; or where the circumstances of death indicate death was caused by unnatural or unlawful means; or where death occurs under suspicious circumstances; or where a coroner's autopsy or post mortem or coroner's inquest is to be held; or where death results from unknown or obscure causes, or where death occurs within one year following an accident; or where the death is caused by any violence whatsoever, or where death results from a known or suspected abortion; whether self-induced or otherwise; where death apparently results from drowning, hanging, burns, electrocution, gunshot wounds, stabs or cuts, lightning, starvation, radiation, exposure, alcoholism, narcotics or other addictions, tetanus, strangulations, suffocation or smothering; or where death is due to premature birth or still birth; or where death is due to a violent contagious disease or suspected contagious disease which may be a public health hazard; or where death results from alleged rape, carnal knowledge or sodomy, where death occurs in a jail or prison; where a body is found dead or is not claimed by relatives or friends, is hereby vested in the county coroner, which bodies)) Dead bodies coming under the jurisdiction of the office of the state medical examiner may be removed and placed in the morgue under such rules as are adopted by the ((~~coroner with the approval of the county commissioners, having jurisdiction~~)) office of the state medical examiner, providing therein how the bodies shall be brought to and cared for at the morgue and held for the proper identification where necessary.

Sec. 43. Section 4, chapter 90, Laws of 1917 and RCW 68.08.020 are each amended to read as follows:

It shall be the duty of every person who knows of the existence and location of a dead body coming under the jurisdiction of the ((~~coroner as set forth in RCW 68.08.010~~)) office of the state medical examiner, to notify ((~~the coroner thereof~~)) an official representative of that office in the most expeditious manner possible, unless such person shall have good reason to believe that such notice has already been given. Any person knowing of the existence of such dead body and not having good reason to believe that the coroner has notice thereof and who shall fail to give notice to the coroner as aforesaid, shall be guilty of a misdemeanor.

Sec. 44. Section 6, chapter 90, Laws of 1917 and RCW 68.08.040 are each amended to read as follows:

Duplicate lists of all jewelry, moneys, papers, and other personal property of the deceased shall be made immediately upon finding the same by the ((~~coroner or his assistants~~)) medical investigator or county medical examiner. The original of such lists shall be kept as a public record at the ((~~morgue~~)) office of the state medical examiner and the duplicate thereof shall be forthwith duly certified to by the ((~~coroner~~)) medical investigator or county medical examiner and filed with the county auditor.

Sec. 45. Section 7, chapter 90, Laws of 1917 and RCW 68.08.050 are each amended to read as follows:

Any person, not authorized by the ((~~coroner or his deputies~~)) state medical examiner, assistant state medical examiner, assistant medical examiner, medical investigator or county medical examiner, who removes the body of a deceased person not claimed by a relative or ((~~friend~~)) personal representative, or who came to their death by reason of violence or from unnatural causes or where there shall exist reasonable grounds for the belief that such death has been caused by unlawful means at the hands of another, to any undertaking rooms or elsewhere, or any person who directs, aids or abets such taking, and any person who in any way conceals the body of a deceased person for the purpose of taking the same to any undertaking rooms or elsewhere, shall in each of said cases be guilty of a gross misdemeanor and upon conviction thereof shall be punished by fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than one year or by both fine and imprisonment in the discretion of the court.

Sec. 46. Section 2, chapter 123, Laws of 1891 as last amended by section 1, chapter 23, Laws of 1959 and RCW 68.08.070 are each amended to read as follows:

Any sheriff((~~, coroner, keeper~~)) or superintendent of a ((~~county poorhouse,~~)) public hospital, county jail, or state institution shall surrender the dead bodies of persons required to be buried at the public expense, to any physician or surgeon, to be ((~~by him~~)) used for the advancement of anatomical science, preference being given to medical schools in this state, for their use in the instruction of medical students. If the deceased person during his or her last sickness requested to be buried, or if within thirty days after his or her death some person claiming to be a relative or a responsible officer of a church organization with which the deceased at the time of ((~~his~~)) the death was affiliated requires the body to be buried, ((~~his~~)) the body shall be buried.

Sec. 47. Section 237, chapter 249, Laws of 1909 as last amended by section 2, chapter 178, Laws of 1963 and RCW 68.08.100 are each amended to read as follows:

The right to dissect a dead body shall be limited to cases specially provided by statute or by the direction or will of the deceased((~~; cases where a coroner is authorized to hold an inquest upon the body, and then only as he may authorize dissection;~~)), and cases where the spouse or next of kin charged by law with the duty of burial shall authorize dissection for the purpose of ascertaining the cause of death, and then only to the extent so authorized: PROVIDED, That the ((coroner, in his discretion, may make or cause to be made by a competent pathologist, toxicologist, or physician, an autopsy or post mortem in any case in which the coroner has jurisdiction of a body: PROVIDED, FURTHER, That the coroner)) state medical examiner or an assistant state medical examiner may with the approval of the University of Washington and with the consent of a parent or guardian deliver any body of a deceased person under the age of three years over which ((~~he has~~)) they have jurisdiction to the University of Washington medical school for the purpose of having an autopsy made to determine the cause of death. Every person who shall make, cause, or procure to be made any dissection of a body, except as above provided, shall be guilty of a gross misdemeanor.

Sec. 48. Section 6, chapter 188, Laws of 1953 and RCW 68.08.103 are each amended to read as follows:

In an industrial death where the cause of death is unknown, and where the department of labor and industries is concerned, ((~~said~~)) the department in its discretion, may request the ((~~coroner~~)) state medical examiner in writing to ((~~perform~~)) order an autopsy to determine the cause of death. The ((~~coroner~~)) state medical examiner or an assistant state medical examiner shall be required to promptly perform such autopsy upon receipt of the written request from the department of labor and industries.

Sec. 49. Section 9, chapter 188, Laws of 1953 as amended by section 2, chapter 79, Laws of 1977 and RCW 68.08.105 are each amended to read as follows:

Reports and records of autopsies or post mortems shall be confidential, except to the attending physician, the prosecuting attorney or law enforcement agencies having jurisdiction, public health officials, or to the department of labor and industries in cases in which it has an interest under RCW 68.08.103.

The ((~~coroner, the~~)) state medical examiner, assistant state medical examiner, medical investigator, or the attending physician shall, upon request, meet with the family of the decedent to discuss the findings of the autopsy or post mortem. For the purposes of this section, the term "family" means the surviving spouse, or any child, parent, brother, or sister of the decedent, or any person who was guardian of the decedent at the time of death.

Sec. 50. Section 10, chapter 188, Laws of 1953 as amended by section 1, chapter 28, Laws of 1975-'76 2nd ex. sess. and RCW 68.08.106 are each amended to read as follows:

In any case in which an autopsy or post mortem is performed, the ((~~coroner or~~)) state medical examiner, assistant state medical examiner, or an assistant medical examiner, upon ((~~his~~)) their own authority or upon the request of the prosecuting attorney or other law enforcement agency having jurisdiction, may make or cause to be made an analysis of the stomach contents, blood, or organs, or tissues of a deceased person and secure professional opinions thereon and retain or dispose of any specimens or organs of the deceased which in ((~~his~~)) their discretion are desirable or needful for anatomic, bacteriological, chemical, or toxicological examination or upon lawful request are needed or desired for evidence to be presented in court. When the autopsy or post mortem requires examination in the region of the pituitary gland, that gland may be removed and utilized for any desirable or needful purpose: PROVIDED, That a reasonable effort to obtain consent as required under RCW 68.08.510 shall be made if that organ is to be so utilized. Costs shall be borne by the county.

Sec. 51. Section 1, chapter 60, Laws of 1975-'76 2nd ex. sess. and RCW 68.08.300 are each amended to read as follows:

In any case where a patient is in need of corneal tissue for a transplantation, the ((~~county coroner, or county~~)) state medical examiner ((~~or designee~~)), assistant state medical examiner, or assistant medical examiner, may provide corneal tissue, from decedents under his/her jurisdiction, upon the request of an eye bank approved and authorized to make such requests by the secretary of the department of social and health services, subject to the following conditions:

(1) Ready identification of the decedent is impossible, or

(2) A reasonable effort to obtain such consent as is required under RCW 68.08.510 is made, within the time period during which corneal tissue is a viable transplant, and no objection by the next of kin is known, and

(3) Removal of the cornea for transplantation will not interfere with the subsequent course of an investigation or autopsy or alter the post mortem facial appearance of the decedent.

Sec. 52. Section 2, chapter 60, Laws of 1975-'76 2nd ex. sess. and RCW 68.08.305 are each amended to read as follows:

In any subsequent civil action in which the next of kin of a decedent contends that he/she affirmatively informed the ((~~county coroner or~~)) state medical examiner ((~~or designee~~)), an assistant state medical examiner, or assistant medical examiner of his/her objection to removal of corneal tissue from the decedent, it shall be presumed that the county coroner or medical examiner acted in good faith and without knowledge of the objection.

Sec. 53. Section 2, chapter 176, Laws of 1981 and RCW 68.08.320 are each amended to read as follows:

(1) The ((~~county coroner,~~)) state medical examiner, an assistant state medical examiner, an assistant medical examiner, or prosecuting attorney having jurisdiction may in such official's discretion release information concerning a person's death to the media and general public, in order to aid in identifying the deceased, when the identity of the deceased is unknown to the official and when he or she does not know the information to be readily available through other sources.

(2) The ((~~county coroner,~~)) state medical examiner, an assistant state medical examiner, an assistant medical examiner, or prosecuting attorney may withhold any information which directly or indirectly identifies a decedent until either:

(a) A notification period of forty-eight hours has elapsed after identification of the decedent by such official; or

(b) The next of kin of the decedent has been notified.

During the forty-eight hour notification period, such official shall make a good faith attempt to locate and notify the next of kin of the decedent.

Sec. 54. Section 16, chapter 16, Laws of 1983 1st ex. sess. as amended by section 18, chapter 17, Laws of 1984 and RCW 68.08.355 are each amended to read as follows:

When a person reported missing has not been found within thirty days of the report, the sheriff, chief of police, ((~~county coroner or~~)) county medical examiner, or other law enforcement authority initiating and conducting the investigation for the missing person shall ask the missing person's family or next of kin to give written consent to contact the dentist or dentists of the missing person and request the person's dental records.

When a person reported missing has not been found within thirty days, the sheriff, chief of police, or other law enforcement authority initiating and conducting the investigation for the missing person shall confer with the county ((~~coroner or~~)) medical examiner prior to the preparation of a missing person's report. After conferring with the ((~~coroner or~~)) medical examiner, the sheriff, chief of police, or other law enforcement authority shall submit a missing person's report and the dental records received under this section to the dental identification system of the state patrol identification and criminal history section on forms supplied by the state patrol for such purpose.

When a person reported missing has been found, the sheriff, chief of police, ((~~coroner or~~)) medical examiner, or other law enforcement authority shall report such information to the state patrol. The dental identification system shall then erase all records with respect to such person.

The dental identification system shall maintain a file of information regarding persons reported to it as missing and who have not been reported found. The file shall contain the information referred to in this section and such other information as the state patrol finds relevant to assist in the location of a missing person.

The files of the dental identification system shall, upon request, be made available to law enforcement agencies attempting to locate missing persons.

Sec. 55. Section 17, chapter 16, Laws of 1983 1st ex. sess. as amended by section 19, chapter 17, Laws of 1984 and RCW 68.08.360 are each amended to read as follows:

If the ((~~county coroner or county~~)) state medical examiner, an assistant state medical examiner, an assistant medical examiner, or a county medical examiner investigating a death is unable to establish the identity of a body or human remains by visual means, fingerprints, or other identifying data, he or she shall have a qualified dentist, as determined by the ((~~county coroner or county~~)) state medical examiner, carry out a dental examination of the body or human remains. If the ((~~county coroner or county~~)) state medical examiner with the aid of the dental examination and other identifying findings is still unable to establish the identity of the body or human remains, he or she shall prepare and forward such dental examination records to the dental identification system of the state patrol identification and criminal history section on forms supplied by the state patrol for such purposes.

The dental identification system shall act as a repository or computer center or both with respect to such dental examination records. It shall compare such dental examination records with dental records filed with it and shall determine which scoring probabilities are the highest for the purposes of identification. It shall then submit such information to the county coroner or county medical examiner who prepared and forwarded the dental examination records.

Sec. 56. Section 3, chapter 159, Laws of 1945 as last amended by section 14, chapter 5, Laws of 1961 ex. sess. and RCW 70.58.180 are each amended to read as follows:

((If the death occurred without medical attendance, the funeral director or person in charge of interment shall notify the coroner, or prosecuting attorney if there is no coroner in the county. If the circumstances suggest that the death or fetal death was caused by unlawful or unnatural causes or if there is no local health officer with jurisdiction, the coroner, or if none, the prosecuting attorney shall complete and sign the certification, noting upon the certificate that no physician was in attendance at the time of death. In case of any death without medical attendance in which there is no suspicion of death from unlawful or unnatural causes, the local health officer or his deputy, the coroner and if none, the prosecuting attorney, shall complete and sign the certification, noting upon the certificate that no physician was in attendance at the time of death, and noting the cause of death without the holding of an inquest or performing of an autopsy or post mortem, but from statements of relatives, persons in attendance during the last sickness, persons present at the time of death or other persons having adequate knowledge of the facts.))

The cause of death, the manner and mode in which death occurred, as noted by the ((~~coroner or if none, the prosecuting attorney or the health officer~~)) state medical examiner, an assistant state medical examiner, an assistant medical examiner, or a county medical examiner and incorporated in the death certificate filed with the bureau of vital statistics of the board of health shall be the legally accepted manner and mode by which the deceased came to his or her death and shall be the legally accepted cause of death.

Sec. 57. Section 1, chapter 176, Laws of 1981 and RCW 70.58.390 are each amended to read as follows:

((~~A county coroner,~~)) The state medical examiner, an assistant state medical examiner, an assistant medical examiner, a county medical examiner, or the prosecuting attorney having jurisdiction may issue a certificate of presumed death when the official issuing the certificate determines to the best of the official's knowledge and belief that there is sufficient circumstantial evidence to indicate that a person has in fact died in the county or in waters contiguous to the county as a result of an accident or natural disaster, such as a drowning, flood, earthquake, volcanic eruption, or similar occurrence, and that it is unlikely that the body will be recovered. The certificate shall recite, to the extent possible, the date, circumstances, and place of the death, and shall be the legally accepted fact of death.

In the event that the county in which the death occurred cannot be determined with certainty, the ((~~county coroner,~~)) state medical examiner, an assistant state medical examiner, an assistant state examiner, a county medical examiner, or prosecuting attorney in the county in which the events occurred and in which the decedent was last known to be alive may issue a certificate of presumed death under this section.

The official issuing the certificate of presumed death shall file the certificate with the state registrar of vital statistics, and thereafter all persons and parties acting in good faith may rely thereon with acquittance.

Sec. 58. Section 88, chapter 36, Laws of 1917 as amended by section 2, chapter 51, Laws of 1939 and RCW 78.40.351 are each amended to read as follows:

Whenever by reason of any explosion or any other accident in or about any coal mine, whereby loss of life or serious injury has occurred, or is thought to have occurred, it shall be the duty of the person having charge of the mine to give notice thereof to the mine inspector by telephone or telegraph, and if any person is killed thereby, to the ((~~coroner~~)) prosecuting attorney of the county, who shall give due notice to the mine inspector if an inquest is to be held. In case of any major or fatal accident, the resident district officers of the miners' organization shall be notified by telephone or telegraph at the same time the mine inspector is notified, and shall have the privilege of appearing at all investigations held to determine the cause of such accident, and to recommend safety measures for the prevention of accidents. If the ((~~coroner~~)) prosecuting attorney shall determine to hold an inquest, the mine inspector shall be allowed to testify and offer such testimony as he or she shall deem necessary to thoroughly inform the said inquest of the cause of death, and the said inspector shall have authority at any time to appear before such ((~~coroner~~)) inquest and jury and question or cross-question any witness((~~, and in choosing a jury for the purpose of holding such inquest it shall be the duty of the coroner to impanel a jury, no one of whom shall be directly or indirectly interested~~)). It shall be the duty of the mine inspector upon being notified as herein provided, to immediately repair to the scene of the accident and make such suggestions as may appear necessary to secure the safety of the ((~~men~~)) workers, and if the results of the explosion or accident do not require an investigation by the ((~~coroner~~)) prosecuting attorney, he or she shall proceed to investigate and ascertain the cause of the explosion or accident, and make a record thereof, which he or she shall file as provided for((~~, and to enable him to make the investigation he shall have the power to compel the attendance of persons to testify, and administer oaths or affirmations~~)). The cost of such investigation shall be paid by the county in which the accident occurred, in the same manner as costs of inquests held by ((~~coroners or~~)) justices of the peace are paid, and copies of evidence taken at inquests shall be furnished the mine inspector.

NEW SECTION. Sec. 59. The office of county coroner is hereby abolished and its powers, duties, and functions are hereby transferred to the office of the state medical examiner under the direction of the board of medicolegal investigation. All references to the office of county coroner, and the county coroner, in the Revised Code of Washington shall be construed to mean the office of the state medical examiner, and the state medical examiner or designated representative, respectively, under section 3 of this act.

NEW SECTION. Sec. 60. All reports, documents, surveys, books, records, files, papers, or written material in the possession of each county coroner shall be delivered to the custody of the state medical examiner appointed under section 3 of this act. All funds, credits, or other assets held by the county coroner shall revert to the county.

Whenever any question arises as to the transfer of any books, documents, records, papers, or files used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the political subdivisions or agencies concerned.

NEW SECTION. Sec. 61. All rules and all pending business before the county coroner shall be continued and acted upon by the state medical examiner appointed under section 3 of this act. All existing contracts and obligations shall remain in full force and shall be performed by the county.

NEW SECTION. Sec. 62. The transfer of the powers, duties, functions, and any personnel of any county coroner shall not affect the validity of any act performed by such employee prior to the effective date of this act.

NEW SECTION. Sec. 63. (1) For the purpose of funding the operation of this chapter, and subject to the provisions of subsections (2) and (3) of this section, each county shall annually pay to the state a sum that is initially based on the following amounts multiplied by the total number of people residing in the county based on the latest available population estimate developed by the office of financial management:

(a) $.75 for counties with a population over 1,000,000;

(b) $.65 for counties with a population between 500,000 and 1,000,000;

(d) $.45 for counties with a population between 250,000 and 350,000;

(e) $.40 for counties with a population between 200,000 and 250,000;

(f) $.35 for counties with a population between 45,000 and 200,000;

(g) $.30 for counties with a population between 35,000 and 45,000;

(h) $.20 for counties with a population between 20,000 and 35,000; and

(i) $.15 for counties with a population under 20,000.

(2) After one year of the effective date of this act, and every year thereafter, the board may by rule increase the amounts in subsection (1) of this section by a percentage that is equivalent to the annual percentage increase in the total funds determined to be necessary for the operation of the system provided for in this act. In no event may the board increase the amounts by more than ten percent in any year over the amount established for the previous year. Amounts adjusted by the board pursuant to this subsection shall be rounded down to the nearest whole cent.

(3) For a period of one year from the effective date of this act, no county shall be required to pay an amount greater than the larger of the following:

(a) The county's approved 1985 budget for its coroner or medical examiner office, or for activities related to the death investigation function; or

(b) The average of the county's expenditures for its coroner or medical examiner office, or for activities related to the death investigation function, for the years 1982, 1983, and 1984. For a period of four years thereafter, no county shall be required to pay an amount greater than that established in this subsection plus the annual percentage increases established by the board pursuant to subsection (1) of this section.

(4) From a date five years after the effective date of this act, any county which has been paying an amount less than that annually established for its population pursuant to subsections (1) and (2) of this section shall either begin paying such amount, or shall by formal action of the county legislative authority withdraw from the system provided for in this chapter. Any county which so withdraws from the system provided for in this chapter pursuant to this subsection shall immediately establish by formal action of its county legislative authority a comprehensive process for investigating all deaths occurring in the county which are subject to investigation pursuant to section 10 of this act.

(5) Such funds as are necessary to supplement the funds collected pursuant to this section in order to provide for the effective operation of this chapter shall be appropriated by the legislature from the general fund.

NEW SECTION. Sec. 64. This chapter may be cited as the Medical Examiner Act of 1985.

NEW SECTION. Sec. 65. Sections 1 through 29, 59, 63 and 64 of this act shall constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 66. Nothing contained in sections 59 through 62 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified as provided by law.

NEW SECTION. Sec. 67. Nothing in this act shall be construed to deprive any county employee of rights to which they are entitled under a county charter.

NEW SECTION. Sec. 68. Coroners holding office on the effective date of this act may complete their current terms of office under the supervision of the state medical examiner and shall be paid by the state at their existing salaries.

Subject to section 4 of this act, all employees who are employed as of the effective date of this act exclusively or principally in performing the powers, duties, and functions of the coroner's office shall be transferred to the office of the state medical examiner in the discretion of the state medical examiner.

NEW SECTION. Sec. 69. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 70. The following acts or parts of acts are each repealed:

(1) Section 36.18.030, chapter 4, Laws of 1963 and RCW 36.18.030;

(2) Section 36.24.010, chapter 4, Laws of 1963 and RCW 36.24.010;

(3) Section 36.24.020, chapter 4, Laws of 1963 and RCW 36.24.020;

(4) Section 36.24.030, chapter 4, Laws of 1963 and RCW 36.24.030;

(5) Section 36.24.040, chapter 4, Laws of 1963 and RCW 36.24.040;

(6) Section 36.24.050, chapter 4, Laws of 1963 and RCW 36.24.050;

(7) Section 36.24.060, chapter 4, Laws of 1963 and RCW 36.24.060;

(8) Section 36.24.070, chapter 4, Laws of 1963 and RCW 36.24.070;

(9) Section 36.24.080, chapter 4, Laws of 1963 and RCW 36.24.080;

(10) Section 36.24.090, chapter 4, Laws of 1963 and RCW 36.24.090;

(11) Section 36.24.100, chapter 4, Laws of 1963 and RCW 36.24.100;

(12) Section 36.24.110, chapter 4, Laws of 1963 and RCW 36.24.110;

(13) Section 36.24.120, chapter 4, Laws of 1963 and RCW 36.24.120;

(14) Section 36.24.130, chapter 4, Laws of 1963 and RCW 36.24.130;

(15) Section 36.24.140, chapter 4, Laws of 1963 and RCW 36.24.140;

(16) Section 36.24.150, chapter 4, Laws of 1963 and RCW 36.24.150;

(17) Section 2, chapter 259, Laws of 1969 ex. sess. and RCW 36.24.155;

(18) Section 36.24.160, chapter 4, Laws of 1963 and RCW 36.24.160;

(19) Section 36.24.170, chapter 4, Laws of 1963 and RCW 36.24.170;

(20) Section 3, chapter 259, Laws of 1969 ex. sess. and RCW 36.24.175;

(21) Section 36.24.180, chapter 4, Laws of 1963 and RCW 36.24.180;

(22) Section 5, chapter 90, Laws of 1917 and RCW 68.08.030;

(23) Section 1, chapter 16, Laws of 1983 1st ex. sess. and RCW 43.103.010;

(24) Section 2, chapter 16, Laws of 1983 1st ex. sess. and RCW 43.103.020;

(25) Section 3, chapter 16, Laws of 1983 1st ex. sess. and RCW 43.103.030;

(26) Section 4, chapter 16, Laws of 1983 1st ex. sess. and RCW 43.103.040;

(27) Section 5, chapter 16, Laws of 1983 1st ex. sess. and RCW 43.103.050;

(28) Section 6, chapter 16, Laws of 1983 1st ex. sess. and RCW 43.103.060;

(29) Section 7, chapter 16, Laws of 1983 1st ex. sess. and RCW 43.103.070;

(30) Section 8, chapter 16, Laws of 1983 1st ex. sess. and RCW 43.103.080;

(31) Section 9, chapter 16, Laws of 1983 1st ex. sess. and RCW 43.103.090;

(32) Section 23, chapter 16, Laws of 1983 1st ex. sess. and RCW 43.103.900;

(33) Section 24, chapter 16, Laws of 1983 1st ex. sess. and RCW 43.103.901;

(34) Section 7, chapter 188, Laws of 1953, section 3, chapter 178, Laws of 1963, section 14, chapter 16, Laws of 1983 1st ex. sess. and RCW 68.08.104;

(35) Section 10, chapter 188, Laws of 1953, section 1, chapter 28, Laws of 1975-'76 2nd ex. sess. and RCW 68.08.106;

(36) Section 13, chapter 188, Laws of 1953, section 1, chapter 24, Laws of 1970 ex. sess., section 1, chapter 84, Laws of 1975-'76 2nd ex. sess., section 10, chapter 16, Laws of 1983 1st ex. sess. and RCW 68.08.107;

(37) Section 8, chapter 188, Laws of 1953 and RCW 68.08.108;

(38) Section 1, chapter 90, Laws of 1917, section 19, chapter 16, Laws of 1983 1st ex. sess. and RCW 68.12.010;

(39) Section 2, chapter 90, Laws of 1917 and RCW 68.12.020; and

(40) Section 4, chapter 159, Laws of 1945 and RCW 70.58.190.