BILL NUMBER: AB 1258	CHAPTERED
	BILL TEXT

	CHAPTER   180
	FILED WITH SECRETARY OF STATE   JULY 26, 1999
	APPROVED BY GOVERNOR   JULY 26, 1999
	PASSED THE SENATE   JULY 15, 1999
	PASSED THE ASSEMBLY   MAY 24, 1999
	AMENDED IN ASSEMBLY   APRIL 15, 1999

INTRODUCED BY   Assembly Member Strom-Martin

                        FEBRUARY 26, 1999

   An act to amend Section 113870 of the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1258, Strom-Martin.  Public health:  agricultural homestay
establishments.
   The California Uniform Retail Food Facilities Law regulates
sanitary standards in retail food establishments.
   This bill would expand the definition of "restricted food service
transient occupancy establishment" to include an agricultural
homestay establishment.  Because local health agencies are partially
responsible for enforcement of the law's provisions, the expansion of
the law constitutes a state-mandated local program.
   Because existing law makes a violation of any of its provisions a
misdemeanor, by creating a new crime, this bill would constitute a
state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs mandated by the state, reimbursement for those costs shall be
made pursuant to the statutory provisions noted above.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 113870 of the Health and Safety Code is amended
to read:
   113870.  (a) "Restricted food service transient occupancy
establishment" means either of the following:
   (1) An establishment of 20  guest rooms or less, that provides
overnight transient occupancy accommodations, that serves food only
to its registered guests, that serves only a breakfast or similar
early morning meal, and no other meals, and with respect to which the
price of food is included in the price of the overnight transient
occupancy accommodation.
   (2) An agricultural homestay establishment that meets all of the
following requirements:
   (A) Has not more than six guest rooms or accommodates not more
than 15 guests.
   (B) Provides overnight transient accommodations.
   (C) Serves food only to its registered guests and serves meals at
any time, and with respect to which the price of food is included in
the price of the overnight transient occupancy accommodation.
   (D) Lodging and meals are incidental and not the primary function
of the agricultural homestay establishment.
   (E) The agricultural homestay establishment is located on, and is
a part of, a farm, as defined in Section 52262 of the Food and
Agricultural Code, that produces agricultural products as its primary
source of income.
   (b) Notwithstanding subdivision (a), a restricted food service
transient occupancy establishment may serve light foods or snacks
presented to the guest for self-service.
   (c) For purposes of this section, "restricted food service
transient occupancy establishment" refers to an establishment as to
which the predominant relationship between the occupants thereof and
the owner or operator of the establishment is that of innkeeper and
guest.  For purposes of this section, the existence of some other
legal relationships as between some occupants and the owner or
operator shall be immaterial.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs  that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.