Section 58.035

Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

Chapter 58

Effective - 28 Aug 2020   

  58.035.  Coroner standards and training commission, members, terms, chairperson, meetings — duties — rulemaking authority — report. — 1.  There is hereby established within the department of health and senior services a "Coroner Standards and Training Commission" which shall be composed of eight members, appointed by the governor, with the advice and consent of the senate.  The governor shall take into account the diversity of the state when making the appointments to this commission.  The commission shall consist of:

  (1)  Two coroners elected from counties of the third classification;

  (2)  One coroner elected from a county of the first, second, or fourth classification;

  (3)  One currently appointed medical examiner;

  (4)  One child death pathologist;

  (5)  One elected prosecuting attorney;

  (6)  One elected sheriff;

  (7)  The director of the department of health and senior services, or his or her designee, who shall serve as a nonvoting member of the commission.

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Each member of the coroner standards and training commission shall have been at the time of his appointment a citizen of the United States and a resident of this state for a period of at least one year, and members who are coroners shall be qualified as established by this chapter.

  2.  The members of the commission shall serve for the following terms:

  (1)  Every member of the commission who holds elected office shall serve an initial term of two years;

  (2)  Every member of the commission who does not hold elected office shall serve an initial term of four years;

  (3)  Every member of the commission shall serve for a term of four years after the initial term has been served.

  3.  Annually the commission shall elect one of the members as chairperson.  The coroner standards and training commission shall meet at least twice each year as determined by the director of the department of health and senior services, the chairperson, or a majority of the members to perform its duties.  A majority of the members of the coroner standards and training commission shall constitute a quorum.

  4.  No member of the coroner standards and training commission shall receive any compensation for the performance of his or her official duties.

  5.  The coroner standards and training commission shall establish training standards, by rule, relating to the office of county coroner.  These standards shall relate to the operation of the office, the legal responsibilities of the office, and the technical skills and knowledge required of the office.

  6.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2020, shall be invalid and void.

  7.  Once the commission has developed standards, the commission shall issue a report detailing the standards.  This report shall be submitted to the speaker of the house of representatives and the president pro tempore of the senate, and shall be published on the website of the department of health and senior services.

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(L. 2020 H.B. 2046)