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14 JOURNAL OF PROCEEDINGS June 21
Affirmative: 0 Negative: 45
(See Roll Call No. 8)
The President announced the veto was sustained.
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May 31, 1983
The Honorable Melvin A. Steinberg
President of the Senate
State House
Annapolis, Maryland 21404
Dear Mr. President:
In accordance with Article II, Section 17 of the Maryland
Constitution, I have today vetoed Senate Bill 199.
This bill attempts to regulate certain forms of industrial
homework within the garment manufacturing business. Industrial
homework has been regulated by the federal government for over 40
years.
Senate Bill 199 was originally intended to impose a ban on
industrial homework in the knitted outerwear industry, which ban
was lifted effective November 9, 1981 by the U.S. Labor
Department. Although the bill speaks of the "garment
manufacturing" business, that term covers several of the
industries subject to the federal ban on industrial homework, as
well as the knitted outerwear industry.
The definition of a "garment manufacturing employer"
contained in the bill was amended to exclude employers of four or
fewer individuals, employers who sell over 35 percent of the
apparel they make, and non-profit organizations. Consequently,
under Senate Bill 199, those employers within the exclusion would
be exempt from the State ban on industrial homework in those
areas of "garment manufacturing" still subject to federal
regulation. The federal regulations contain no such exemptions,
and the Attorney General has advised me that Senate Bill 199
cannot be read to permit or sanction that which federal law
expressly prohibits. A copy of the Opinion of the Attorney
General is attached and should be considered a part of this
message.
Regardless of whether the bill could be read consistently
with federal law, the existence of such provisions in Maryland
law could result in confusion and could deceptively induce
persons, in reliance on Maryland law, to violate the federal
industrial homework ban.
For these reasons, I have decided to veto Senate Bill 199.
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Sincerely,
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