J. MILLARD TAWES, Governor                       2195

Senate Bill No. 453—Prison Labor in Wicomico County

AN ACT to add a new Section 212 (e) to Article 89B of the
Annotated Code of Maryland (1957 Edition and 1962 Supplement),
title "State Roads," subtitle "Convict Labor," to follow immediately
after Section 212 (d) thereof, providing for Wicomico County and
the municipal corporations therein that the Board of Correction
under certain circumstances shall supply prisoners to do work on
projects for the development, improvements, and maintenance of
public areas and of parks and recreation areas.

May 3, 1963.

Honorable William S. James
President of the Senate
State House
Annapolis, Maryland

Dear Mr. President:

In accordance with the provisions of Article 2, Section 17, of the
Maryland Constitution, I have vetoed Senate Bill 453 and am re-
turning this Bill to you accompanied by my veto message.

Senate Bill 453 authorizes the State Board of Correction, at the
request of the Board of County Commissioners of Wicomico County
or at the request of any of the municipalities within Wicomico
County, to furnish prisoners for work on public projects at no ex-
pense other than the cost of transportation.

Both the Commissioner of Correction and the Attorney General
of Maryland have indicated that enactment of Senate Bill 453 would
provide for a departure from established procedure in that it author-
izes prison labor to be utilized at no expense to the county or munici-
pality other than for transportation.

The State Commissioner of Correction has advised me that, under
existing law, the Department of Correction is authorized, upon re-
quest, to furnish State prisoners to various county governments for
county road work. He also has advised me that the Board of Public
Works has directed that an assessment of seventy (70) cents per
hour be levied against the County or municipality that employs such
prison labor.

Section 713 of Article 27 provides that "..... the County Roads
Board shall refund to the Board of Correction all expenses of guard-
ing, transporting and maintaining the State convicts when said con-
victs have been furnished for road work at the request of said County
Roads Board."

Under the provisions of Senate Bill 453, neither the County nor any
of its municipalities would be required to reimburse the Board of Cor-
rection for the expenses of guarding, lodging, feeding, clothing and
providing medical attention for the convict laborers. Nor would there
be a provision for wages.

Because of these reasons, and because enactment of this Bill could
establish a precedent for other counties to do likewise, ultimately in-