April 23, 2002 |
2002-R-0473 | |
BLOOD ALCOHOL CONTENT TESTING STANDARDS | ||
By: Saul Spigel, Chief Analyst | ||
You asked us to compare how three bills treat department of Public Health (DPH) and Public Safety (DPS) authority to set standards for equipment and personnel used to test people's blood alcohol content. The bills are sSB 427 (file 427), sSB 629 (file), and sHB 5371 (file 468).
Currently, the two statutes that vest authority to set standards for tests and devices used to measure blood alcohol content and for the people who administer the tests treat these matters differently. The driving under the influence law authorizes the DPS commissioner to certify tests and devices and to adopt regulations governing how the tests are conducted and used, test operators are trained and certified, and samples drawn or obtained (CGS § 14-227a(e)). In contrast, the boating under the influence law gives the DPH commissioner this authority. It also requires tests to be performed by DPH-certified personnel using DPH-approved methods and DPH-approved equipment that is checked daily for accuracy by DPH-certified personnel (CGS §15-140r(a) & (b)).
The three bills continue to treat these issues differently as shown in Table 1. But they show a general attempt to transfer authority to DPS, perhaps reflecting the elimination of DPH's forensic science duties and the transfer of its toxicology lab to DPS as result of PA 99-218.
Table 1: Treatment of Alcohol Testing Devices and Personnel
Provision |
Current Law |
sHB 5371 |
sSB 629 |
sSB 427 |
Certifying Methods & Devices (§ 14-227a(e)) |
DPS commissioner certifies methods & types of testing devices |
Retains current law |
Requires DPS or DPH commissioner to certify methods & testing devices |
Not applicable |
(§ 15-140r (a) |
DPH commissioner certifies methods & types of devices |
Not applicable |
Not applicable |
Transfers authority to DPS commissioner |
Adopting Regulations (§ 14-227a(e)) |
DPS commissioner adopts regulations, in consultation with DPH commissioner, governing tests, operator training & certification, & drawing samples |
Retains DPS authority but removes consultation requirement |
Retains DPS authority and consultation requirement |
Not applicable |
(§ 15-140r (b)) |
DPH commissioner adopts regulations governing tests, operator training & certification, & drawing samples |
Not applicable |
Not applicable |
Transfers regulatory authority to DPS & requires consultation with DPH commissioner on regulations |
Test Administration (§ 15-140 r (a)) |
· DPH-certified personnel conduct tests using DPH-approved methods & equipment · DPH-certified personnel check equipment daily for accuracy |
Not applicable |
Not applicable |
· Retains requirement that tests use DPH-approved methods & equipment · Eliminates requirements that (1) DCF-certified people perform tests and (2) DPH-certified people check test devices daily for accuracy |
SS: ts