3932

VETOES

licensing requirement imposed under § 14-105 of the
Health-General Article to those centers having six or fewer
children and operated outside the residence of the provider --
frequently referred to as "garage centers" -- which are currently
exempt from licensure.

I have been advised by Attorney General Sachs in his bill
review letter to me, dated May 20, 1985, that I cannot sign both
House Bill 260 and Senate Bill 546 because of the definitional
differences contained in the bills.

It is my understanding that the intent underlying House Bill
260 is to ensure that group day care centers operating at
irregular hours of the day, or on an all day basis, are not
precluded from operating under existing licensing requirements.
Further, the bill would establish a statutory limit as to the
stay of a child at a center having extended hours. Under current
law, a group day care center is permitted to operate "for part or
all of a day." See, Md. Ann. Code, HG § 14-101(c) (1984 Cum.
Supp.). Therefore, while existing law does not prevent the
operation of a group day care center and several centers have
been licensed while offering irregular hours, clarification of
this point may be appropriate for legislation introduced at the
1986 Session of the General Assembly. By copy of this veto
message to Secretary of Health and Mental Hygiene Wilzack, I am
requesting that she review her existing authority to provide, by
regulation, for limitations on the stay of a child in a center
having extended hours as provided in House Bill 260. If such
rulemaking cannot be accomplished, I will certainly support
similar legislation in the 1986 Session as a valuable safeguard
for our children.

Therefore, for the above reasons, I have decided to veto
House Bill 260.

Sincerely,
Harry Hughes
Governor

May 20, 1985
The Honorable Harry Hughes
Governor of Maryland
State House
Annapolis, Maryland 21401

Re: House Bills 260 and 1290
Senate Bill 546