House File 445 - Introduced HOUSE FILE 445 BY STUTSMAN A BILL FOR An Act relating to county medical examiner fees. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 2426YH (2) 85 aw/sc

H.F. 445 Section 1. Section 331.802, subsection 2, paragraphs b and 1 c, Code 2013, are amended to read as follows: 2 b. Except as provided in section 218.64 or as otherwise 3 provided by law, for each preliminary investigation and the 4 preparation and submission of the required reports, the county 5 medical examiner shall receive from the county of appointment a 6 fee determined by the board plus the examiner’s actual expenses 7 costs . Actual costs under this section shall be determined 8 by the county medical examiner and may include indirect 9 costs. “Indirect costs” may include but are not limited to 10 employment benefits, employee overtime pay, depreciation, 11 building maintenance, electricity and other utilities, motor 12 vehicle costs, office supplies, and insurance associated 13 with the administration of the office of the county medical 14 examiner. The fee and expenses actual costs paid by the county 15 of appointment shall be reimbursed to the county of appointment 16 by the county of the person’s residence. However, if the 17 person’s death is caused by a defendant for whom a judgment of 18 conviction and sentence is rendered under section 707.2 , 707.3 , 19 707.4 , 707.5 , or 707.6A , the county of the person’s residence 20 may recover from the defendant the fee and expenses actual 21 costs . 22 c. The fee and expenses actual costs of the county medical 23 examiner who performs an autopsy or conducts an investigation 24 of a person who dies after being brought into this state 25 for emergency medical treatment by or at the direction of an 26 out-of-state law enforcement officer or public authority shall 27 be paid by the state. A claim for payment shall be filed 28 with the Iowa department of public health. If moneys are not 29 appropriated to the Iowa department of public health for the 30 payment of autopsies under this paragraph, claims for payment 31 shall be forwarded to the state appeal board and, if authorized 32 by the board, shall be paid out of moneys in the general fund of 33 the state not otherwise appropriated. 34 Sec. 2. Section 331.802, subsection 4, Code 2013, is amended 35 -1- LSB 2426YH (2) 85 aw/sc 1/ 3

H.F. 445 to read as follows: 1 4. The county medical examiner shall conduct the 2 investigation in the manner required by the state medical 3 examiner and shall determine whether the public interest 4 requires an autopsy or other special investigation. However, 5 if the death occurred in the manner specified in subsection 6 3 , paragraph “j”, the county medical examiner shall order an 7 autopsy, the expense actual costs of which shall be reimbursed 8 by the Iowa department of public health. In determining the 9 need for an autopsy, the county medical examiner may consider 10 the request for an autopsy from a public official or private 11 person, but the state medical examiner or the county attorney 12 of the county where the death occurred may require an autopsy. 13 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 14 3, shall not apply to this Act. 15 EXPLANATION 16 This bill relates to county medical examiner fees. 17 Current law provides that a county medical examiner shall 18 receive certain fees determined by the board of supervisors 19 plus the examiner’s actual expenses for conducting preliminary 20 investigations and preparing and submitting required reports. 21 The bill provides that a county medical examiner shall receive 22 fees determined by the board plus the examiner’s actual costs. 23 The bill provides that “actual costs” shall be determined by 24 the county medical examiner and may include indirect costs. 25 The bill further provides that “indirect costs” may include 26 but not be limited to employment benefits, employee overtime 27 pay, depreciation, building maintenance, electricity and other 28 utilities, motor vehicle costs, office supplies, and insurance 29 associated with the administration of the office of the county 30 medical examiner. 31 The bill may include a state mandate as defined in Code 32 section 25B.3. The bill makes inapplicable Code section 25B.2, 33 subsection 3, which would relieve a political subdivision from 34 complying with a state mandate if funding for the cost of 35 -2- LSB 2426YH (2) 85 aw/sc 2/ 3

H.F. 445 the state mandate is not provided or specified. Therefore, 1 political subdivisions are required to comply with any state 2 mandate included in the bill. 3 -3- LSB 2426YH (2) 85 aw/sc 3/ 3