BILL ANALYSIS Ó AB 2425 Page 1 Date of Hearing: May 7, 2014 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair AB 2425 (Quirk) - As Amended: April 8, 2014 Policy Committee: HealthVote:19-0 Urgency: No State Mandated Local Program: No Reimbursable: No SUMMARY This bill temporarily exempts law enforcement laboratories engaging in forensic alcohol analysis tests from complying with existing regulations, if the laboratory is accredited, as specified, and provides the exemption only until the Department of Public Health (DPH) updates their existing regulations. FISCAL EFFECT Negligible state fiscal effect. COMMENTS 1)Purpose. According to the author, DPH regulations were written in 1971 and have not been updated in nearly 30 years. Many sections are outdated or inconsistent with California law, current health advisories, and modern instrumentation and technology. Furthermore, the author argues DPH's unwillingness to approve new regulations impedes the review committee from completing the work the Legislature has tasked them to do. The author concludes the antiquated regulations compromise public safety and prosecution of drunk drivers. 2)Background . Existing law requires DPH to adopt and publish regulations for the operation of law enforcement laboratories engaged in the performance of blood alcohol level tests of blood, urine, tissue and breath samples from persons involved in traffic accidents or traffic violations. A 1999 audit by the Bureau of State Audits, Department of Health Services: The Forensic Alcohol Program Needs to Reevaluate its Regulatory Efforts, concluded that the regulations were doing little to improve the work of alcohol laboratories. SB 1623 (Johnson), AB 2425 Page 2 Chapter 337, Statutes of 2004 required DPH to establish a forensic alcohol review committee, with specified membership, to assist in updating regulations. However, regulations have not been updated as envisioned. Analysis Prepared by : Lisa Murawski / APPR. / (916) 319-2081