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June 21
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18
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JOURNAL OF PROCEEDINGS
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repeal the prohibition. International Ladies' Garment
Workers' Union, et al. v. Raymond J. Donovan, Secretary of
Labor, et al.,___F.Supp.___, Civ. Act. No. 81-2606 (D.D.C.,
opinion filed July 23, 1982). However, the District Court
ruled in favor of the government. Id. That case is now on
appeal to the U.S. Court of Appeals for the District of
Columbia. ILGWU v. Donovan, appeal docketed as No. 82-2133.
It is our understanding that only the APA issues are being
pressed on appeal.
4 / We stop short of declaring these provisions in
irreconcilable conflict with federal law because the
exemptions in Senate Bill 199, despite their obvious purpose,
might be read only as a limitation on the State's enforcement
authority in this area. Moreover, certain provisions of
Senate Bill 199 clearly do not violate federal law, such as
the prohibitory features of the legislation and the bill's
application to the knitted outerwear industry -- an area
where the industrial homework ban has been lifted by the
federal government.
5_/ They could also be authorized to assist in the
administration of the federal scheme pursuant to 29 U.S.C. §
211(b).
Senate Bill No. 199
AN ACT concerning
Garment Manufacturing - Industrial Homework
FOR the purpose of prohibiting a garment manufacturer from
employing persons to do industrial homework unless the
person has a permit; defining a "garment manufacturing
employer"; prohibiting the Commissioner of Labor and
Industry from issuing permits to do industrial homework
except on a showing of undue hardship; providing
consideration to determine undue hardship; prohibiting a
person from doing industrial homework unless the person
doing garment manufacturing industrial homework has a
permit; providing an application procedure for permits and
requiring an annual fees fee; requiring maintenance of a
certain register; requiring a garment manufacturer to submit
certain reports; providing enforcement and penalties;
repealing an obsolete and inactive provision concerning the
licensing of places where industrial homework is done;
defining terms; clarifying language; and generally relating
to limitation and supervision of industrial homework in the
garment manufacturing industry.
BY adding to
Article 27 - Crimes and Punishments
Section 327A and 328A
Annotated Code of Maryland
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