HARRY HUGHES, Governor                                      3933

Dear Governor Hughes:

We have reviewed and hereby approve for constitutionality
and legal sufficiency House Bills 260 and 1290 and Senate Bill
546, all of which concern the licensing of group day care
centers. House Bill 1290 and Senate Bill 546 are identical
bills. While either these two bills or House Bill 260 may be
signed, we recommend that only the identical bills or the other
bill be signed, as there are irreconcilable differences between
them.

House Bill 1290 and Senate Bill 546 are for the purpose of
improving the safety of children by requiring the licensing of
certain facilities as group day care centers. The bills alter
the definition in § 14-101 of the Health-General Article of
"group day care center" to mean

"an agency institution, or establishment that, for
part or all of a day, on a regular schedule, and at
least twice a week, offers or provides group day
care to children who do not have the same parentage
except as otherwise provided for in law or regulations."

The bills would also authorize the Secretary of Health and Mental
Hygiene to adopt certain additional regulations.

House Bill 260 also alters the definition of "group day care
center" in § 14-101, to provide that that term does not include
certain facilities that provide residential placement, that a
certain license authorizes the licensee to operate a group day
care center on a 24-hour basis, and to prohibit a child from
remaining at a group day care center for more than 14 hours in
one day unless the local health officer issues an exception. The
new definition of "group day care center" under this bill would
be:

"(1) 'Group day care center' means an agency,
institution, or establishment that, for part or all of a day, or
on a 24-hour basis, on a regular schedule, and at least twice a
week, offers or provides group day care to at least 7 children
who do not have the same parentage.

(2) 'Group day care center' does not include a child
care home, a child care institution, or other child care facility
that offers or provides a residential placement for a child and
is established, licensed, or registered under Title 5, Subtitle 5
of the Family Law Article or Titles 6 or 10 of the Health-General
Article."

Obviously, these two definitions of "group day care center"
cannot be merged together without destroying the intent of the
bills. Thus, the signing of the identical bills and House Bill
260 will necessarily create two definitions concerning the same
matter. Therefore, in order to avoid confusion in the law,