WILLIAM DONALD SCHAEFER, Governor                        Ch. 3

REVISOR'S NOTE: Subsection (a) of this section is new
language derived without substantive change from
former Art. 74, § 7(a)(3), the first and second
clauses of the second sentence of § 6, and, as it
related to receipt of certain fines by the Board, §
1(e)(1).

Subsection (b) of this section is new language derived
without substantive change from former Art. 74, §
1(e)(1), as it related to the receipt of certain fines
by the Board, and § 12, as it related to payment of a
fine.

Subsection (c) of this section is new language derived
without substantive change from former Art. 74, § 14
and, as it related to receipt of certain fines by the
Board, § 1(e)(1).

Former Art. 74, § 7(a)(2), which provided a $150 fine
if an individual pilots a vessel while the license of
the individual is suspended or revoked, is deleted as
unnecessary in light of subsection (a) of this section
and as misleading since it failed to enumerate other
applicable circumstances, such as expired licenses.

The Business Occupations Article Review Committee
notes, for consideration by the General Assembly, that
the penalty provisions of this subtitle raise several
problems.

First, the penalties for violations of the provisions
of this title are low compared with the penalties for
violations of the provisions of the other titles of
this article. There is only 1 criminal provision,
found in § 11-706 of this subtitle. That section
imposes a misdemeanor fine of $100 for failing to
provide waste disposal regulations in violation of §
11-601 of this title. The only other penalties are
the civil fines of $150 found in this section.

Second, the law states that the civil fines are to be
collected by the Board but does not provide for
hearings or any other mechanisms for imposing or
collecting the fines.

Third, there is no penalty for failing to employ a
pilot when required by § 11-501 of this title. The
law merely requires payment of the normal pilotage fee
under § 11-502 of this title. Therefore, a person who
unlawfully fails to employ a pilot pays the same
amount as a person who lawfully employs a pilot.

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