1000                                        LAWS OF MARYLAND                            [Ch.

provisions in all situations when any
person mines coal by open-pit or strip
method without a permit, and not just the
situation referred to in paragraph (1),
that is, mining coal by open-pit or strip
method on any State owned land (See section
7-505(b)). Consequently, paragraph (2), as
enacted, is inconsistent with and impliediy
repeals at least the first clause of the
penalty provisions of Article 66c, section
671 dealing generally with mining without a
permit.

Paragraph (2) is not interpreted to have
the overall application it appears to
state. The title to chapter 355 states it
is an act "to ban strip mining on land
owned by the State in certain instances, to
provide that certain funds may be used for
the purchase of property rights and
providing penalty for the violation
thereof". The word "thereof" in the title
restricts the scope of the penalty
provisions to mining on State owned
property. To construe this statute
otherwise would mean the title is
constitutionally defective in violation of
Article III section 29 and that therefore
the validity of paragraph (2) must fail.

Accordingly, new language is added to
clarify the intended restrictive scope of
the penalty provisions of paragraph (2)
which are intended to provide the penalty
for mining on State owned land without a
permit. This does not revive the validity
of paragraph (2) but only conforms its
scope to the situation the act's title
describes. Also, this clarifies the
apparent inconsistency of paragraph (2) and
the first clause of present section 671.

The only other changes made are in style.

(D) VIOLATION OF PROVISIONS OF §7-503.--___ANY

PERSON WHO VIOLATES ANY RULE OR REGULATION PROMULGATED
UNDER §7-503 IS GUILTY OF MISDEMEANOR, AND UPON
CONVICTION, IS SUBJECT TO THE PENALTY PROVISIONS IN
SUBSECTION (A) OF THIS SECTION.

REVISOR'S NOTE: This subsection is new language