VETO MESSAGE ON SB 5445-S

                   May 6, 1997

To the Honorable President and Members,

  The Senate of the State of Washington

Ladies and Gentlemen:

     I am returning herewith, without my approval as to sections 9 and 10, Substitute Senate Bill No. 5445 entitled:

"AN ACT Relating to making technical corrections to statutes administered by the department of health;"

     Section 9 of SSB 5445 would have stayed imposition of civil fines on adult family homes for the improper delegation of nursing tasks until July 1, 1999, while a study is being done.  The Department of Social and Health Services should not be prevented from imposing fines when there have been egregious violations of the law.  The department should use its discretion in cases where the law or the propriety of a task delegation may be unclear.

     Section 10 of SSB 5445 would have established a new "class five" category of boards and commissions, that would include only certain health profession commissions.  Class five commissions would be eligible to receive compensation up to $250 per day.

     Currently, there are several levels of boards and commissions with the highest compensation level being $100 per day.  These are groups that have duties of overriding sensitivity and importance to the public welfare and the operation of state government, and whose members meet more than 100 hours per year.  It would be unfair and inappropriate to increase the compensation for health profession commissions without considering adjusting the compensation for other boards and commissions as well.

     For these reasons, I have vetoed sections 9 and 10 of Substitute Senate Bill No. 5445.

     With the exception of sections 9 and 10, I am approving Substitute Senate Bill No. 5445.

                   Respectfully submitted,

                   Gary Locke

                   Governor