Marvin Mandel, Governor                         375

33.

In time of peace and while engaged in military service all officers
and enlisted men of the organized militia of the State of Maryland
shall be deemed workmen of the State for wages within the meaning
of this section; provided that, whenever and so long as provision
equal to or better than that given under the terms of this article is
made by the federal government for an employee of the military
department of Maryland injured in the course of employment, such
employee shall not be entitled to the benefit of this article.

35.

(a) Whenever any prisoner working for the county roads board
or the board of county commissioners or county council in the coun-
ties to which this section applies shall be engaged in any employment
within the meaning of this article for which wages or a stipulated
sum are paid by said county this article shall be applicable thereto if
said prisoner sustains a permanent partial or permanent total dis-
ability as a result of said injury, and the average weekly wages of
any such prisoner injured in the course of his or her employment
shall be the average weekly wages paid by the county to such pris-
oner, and in addition thereto, a fair and reasonable sum to be deter-
mined by the Workmen's Compensation Commission for the board
and maintenance of such prisoner not to exceed the amount custom-
arily received by the county for its own use by prisoners engaged in
employment by other employers.

67.

(1)    "Employment" means work or occupation described in Sec-
tion 21 of this Article.

(2)    "Employer" means those persons who fall within the require-
ments of Section 21 (a) of this Article including a person, partner-
ship, association, corporation, and the legal representatives of a de-
ceased employer, or the receiver or trustee of a person, partnership,
association or corporation employing workmen.

(3)    "Employee" means those persons engaged in occupations as
provided by Section 21 of this Article.

(4) If an employer is a partnership, or sole proprietorship, such
employer may elect to include as an "employee" within the provisions
of the act, any member of such partnership, or the owner of the sole
proprietorship, devoting full time to the partnership or proprietor-
ship business. In the event of such election, the employer must serve
upon the employer's insurance carrier and upon the commission writ-
ten notice naming the persons to be covered and no such proprietor
or partner shall be deemed an employee within this Article until
such notice has been served as aforesaid.

Sec. 2. And be it further enacted, That this Act is hereby declared
to be an emergency measure and necessary for the immediate preser-
vation of the public health and safety and having been passed by a
yea and nay vote supported by three-fifths of all the members elected
to each of the two Houses of the General Assembly, the same shall
take effect from the date of its passage.

Approved April 23, 1971.