BILL ANALYSIS �
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Many sections are outdated or inconsistent with California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