1969]                   OF THE HOUSE OF DELEGATES                       37

This Bill amends the definition of "average weekly wages" for pur-
poses of the Workmen's Compensation law. Among other things, it pro-
vides that for an employee injured in the course of part time employment,
the term "average weekly wages" means the average weekly wages such
employee would receive if engaged full time in such employment.

I was informed by the sponsor of the Bill, Delegate Friedman, that
this provision was intended to be applicable to an employee having both a
full time and part time job who is injured in the course of the latter
employment. However, as drafted, the provision also encompasses the
employee who has a part time job only. For example, under it, a student
who works in a drugstore on Saturdays only and has no other employment
would if injured in the course of his employment, receive workmen's com-
pensation benefits as if he were a full time employee. His benefits could
well exceed his weekly salary by a substantial amount.

The State Accident Fund has requested that I veto the Bill because it
will require employers to pay insurance premiums on part time employees
as though they were working full time. In the view of the Fund, this Bill
will be quite damaging to small employers such as drug stores, grocery
stores and service stations. The sponsor of the Bill, Delegate Friedman,
has informed me that, because the Bill goes further than intended, he has
no objection to vetoing it. Consequently, I am complying with the State
Accident Fund's request to veto House Bill 1033.

Sincerely,

/s/ Marvin Mandel,

Governor.
Read and journalized.

Vetoed by the Governor—May 28, 1969
House Bill No. 1033—By Delegate Friedman:

An Act to repeal and re-enact, with amendments, Section 67(8) of
Article 101 of the Annotated Code of Maryland (1964 Replacement Vol-
ume), title "Workmen's Compensation," subtitle "Miscellaneous," chang-
ing the definition of "average weekly wages."

The Speaker put the question: Shall the bill pass notwithstanding
the objections of the Executive?

Affirmative—None

Negative
Delegates—

Mr. Speaker, Briscoe, Fowler, Boyer, Athey, Thomason, Lipin, Burkhead, Connell,
Helms, Allen, Fornos, Anderson, Benner, Compton, Nimmerrichter, Arata, Coolahan,
Malone, Alpert, Jacobson, Rynd, Hopkins, Nice, Price, Hinkel, Jensen, Tyler, Hutchin-
son, Jones, Kardash, Schirano, Einschutz, Evans, Rush, Arnick, D'Anna, Minnick,
Dize, Matthews, Burkheimer, Mackie, Dorman, Menes, Mothershead, Banning, Goodman,
Hull, King, Montfort, Santangelo, Weile, Aragona, Bagley, Donovan, Giordano, McDon-
ough, Rummage, Hickman, C. M., Hickman, R. 0., Virts, Houck, Remsberg, Greer,
Hess, Osborne, Scarff, Hargreaves, Benvegna, Bullock, Dypski, Krysiak, Silk, Walters,
Adams, Antonelli, Cassady, Chester, McCarty, Orlinsky, Holub, Sarbanes, Burns, Curran,
Hergenroeder, Kent, Kircher, McQuade, Mooney, O'Brien, Abramson, Brailey, Dixon,
Douglass, Epstein, Lee, Randolph, Abrams, Cardin, Friedman, Resnick, Sklar, Spector,
Waxter, Avara, Baumann, Weisengoff, Freeberger, Murphy, Rutkowski, Wyatt, Donald-
son, Grumbacher, Hoffman, Wright, Clarke, Cronin, Lady, McInerney, Scott, Whalen,
Whitney, Becker, Bell, Blondes, Cook, Docter, Maurer, Zander, Aitken, Wiser, Evans,
Reed, Sloan, Williams, Matthews, Yingling, Burgess, Warfield, Laws, Long, Aiken.

Total—142

The Speaker announced the veto was sustained.