BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 599
                                                                  Page  1

          Date of Hearing:   May 6, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                  AB 599 (Hall) - As Introduced:  February 25, 2009 

          Policy Committee:                              Health Vote:17-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill exempts laboratories (labs) accredited by the American  
          Society of Crime Lab Directors/Laboratory Accreditation Board  
          (ASCLD/LAB) or another accrediting body approved by the  
          California Department of Public Health (DPH) Forensic Alcohol  
          Review Committee from direct regulation by DPH. 

           FISCAL EFFECT  

          No direct fiscal impact to DPH to continue oversight of testing  
          labs in California.

           COMMENTS  

          1)Rationale  . This bill exempts specified private labs accredited  
            by ASCLD from current law regulation by DPH with respect to  
            testing samples for blood alcohol levels. SB 1623 (Johnson),  
            Chapter 337, Statutes of 2004, eliminated the specific  
            licensing authority of DPH and left regulations in place to  
            govern oversight. This bill shifts ASCLD labs from DPH  
            regulatory oversight to reduce duplicative regulatory  
            processes. 

           2)Background  . There are 38 forensic alcohol laboratories in  
            California that conduct blood alcohol analysis and other  
            forensic tests.  City, county, and state law enforcement  
            agencies operate 28 of these forensic alcohol laboratories,  
            and the remaining 10 labs are privately owned. Some of these  
            private laboratories provide testing services for law  
            enforcement through contractual arrangements with cities and  
            counties. Combined, all labs statewide conduct approximately  
            200,000 alcohol tests, including breath alcohol tests for law  
            enforcement. Current law requires each forensic alcohol  
            laboratory to have a valid license issued in accordance with  
            regulations and establishes qualifications for licensing,  





                                                                  AB 599
                                                                  Page  2

            including staff and personnel functions, maintenance of a  
            quality control program, satisfactory performance in  
            proficiency tests, and an on-site DPH inspection. This bill  
            removes this oversight for private labs with national  
            accreditation. 

           3)Concerns  . The California Attorneys for Criminal Justice (CACJ)  
            and the California DUI Lawyers Association (CDLA) oppose this  
            bill. Opponents indicate this bill precludes public  
            participation and oversight of critical regulations,  
            negatively impacts Department of Motor Vehicle hearings  
            related to driver's license suspensions, and disrupts  
            standardized approaches to DUI cases.  

           Analysis Prepared by  :    Mary Ader / APPR. / (916) 319-2081