May 21, 2003
HB03-1105, OUTLINING THE APPLICATION OF THIS CONSTITUTIONAL AMENDMENT, IS SIGNED INTO LAW BY GOVERNOR OWENS
Text of HB03-1105 (PDF)
November 5, 2002
REFERENDUM C IS PASSED BY AN OVERWHELMING
MAJORITY VOTE!
Final Draft
Referendum C
Qualifications for County Coroners
The proposed amendment to the Colorado Constitution:
* permits the legislature to establish
qualifications for the office of county coroner,
* including training and certification
requirements.
Background
To run for county coroner, a person must be a U.S. citizen, at least eighteen years old, and a resident of the county for one year prior to an election. These qualifications are outlined in the state constitution. Based on a 1994 ruling by the Colorado Supreme Court, the legislature must have constitutional authority to impose any additional qualifications on the office of county coroner. This proposal allows the legislature to establish qualifications for county coroners, including training and certification requirements. The proposal does not specify the nature or extent of the requirements. The earliest that any qualifications established by the legislature could apply is the 2006 election. State law requires coroners to determine the cause and manner of death in specific circumstances, including suspicious deaths, unexplained natural deaths, accidents of all types, and suicides. When such a death occurs, coroners must notify the district attorney, take custody of the body, conduct an independent investigation, cause an autopsy to be performed if necessary, and issue a death certificate. In investigating a death, coroners may have to identify the body, collect and document evidence, obtain medical records, perform tests or examinations of the body, notify the next of kin, or conduct an inquest. Coroners may also initiate the process for organ donation in some situations as long as the donation does not interfere with the coroner's investigation. State law encourages, but does not require, candidates for the office of coroner to possess knowledge and experience in the medical-legal investigation of death. Coroners are also encouraged by state law to participate in programs that provide education and training. Training is available through a variety of local and national resources, including a program to become a certified death investigator through the Colorado Coroners Association.
Arguments For
1) The complexities of coroner responsibilities require that the individual who holds the office meet minimum qualifications. Coroners may be called upon to investigate suspicious deaths, deaths from contagious disease, or deaths from unusual causes such as thermal, chemical, or radiation injury. A coroner should have the expertise to properly determine the cause and manner of death and issue a death certificate. This document is used to determine insurance benefits for survivors and settle legal matters, both criminal and civil. In the event that the death is not properly certified, there may be legal or financial implications.
2) Training helps to ensure efficient and thorough death investigations. Coroners work closely with state and federal agencies, physicians, law enforcement agencies, district and other attorneys, and insurance companies. Training may facilitate greater cooperation between coroners and the agencies and individuals with whom they work.
Arguments Against
1) The constitution should not be changed unless a significant problem exists. Such a problem does not exist within the office of county coroner. Currently, 75 percent of counties have coroners or staff members who are certified death investigators, and all counties have access to death investigation educational programs. The goal of training is being achieved without statutory requirements.
2) This proposal limits the basic right of the people to choose their elected officials. Allowing the legislature to establish qualifications and training requirements may narrow the pool of possible candidates. The legislature may develop qualifications that are difficult for some rural and smaller counties to implement. For example, candidates may be required to be certified, trained, or hold a medical degree prior to running for office. Such requirements could limit who is eligible for the office and make filling the office difficult.
Estimate of Fiscal Impact
This proposal will not affect state revenues or expenditures and will not require any new state spending. The cost impact to each county will depend on whether the requirements enacted by the legislature are more costly than what counties currently spend for their coroners.