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            Many sections are outdated or inconsistent with California  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