MARVIN MANDEL, Governor                                       1001

inserted to clarify the provisions of
section 7—503 (present Article 66c, section
659). Violation of this subsection has been
made subject to the larger penalty
provisions in subsection (a) of this
section. It is believed that the
legislature intended this greater penalty
in contrast to that provided in subsection
(b), for any person who is convicted of
violating the provisions of proposed
section 7—503 (presently Article 66C,
section 659) .

(E)   IMPOSITION OF FINES.—ANY FINE IMPOSED UNDER
THIS SUBTITLE BY THE DISTRICT COURT SHALL BE PAID TO
THE STATE. A FINE IMPOSED BY THE CIRCUIT COURT FOR
ANY COUNTY OR THE CRIMINAL COURT OF BALTIMORE SHALL BE
PAID TO THE BITUMINOUS COAL OPEN-PIT MINING
RECLAMATION FUND. A FINE IMPOSED UNDER THIS SECTION
AND PAID INTO THE FUND SHALL BE USED FOR THE SOLE
PURPOSE OF FORESTING OR RECLAIMING LAND AFFECTED BY
OPEN-PIT MINING OF BITUMINOUS COAL.

REVISOR'S NOTE: This subsection presently appears
as the last sentence of Article 66C,
section 661 (b) of the Code. New language is
added to indicate that a fine imposed by
the District Court, goes to the State (see
Article 26, section 155 and Op. Attorney
General, September 29, 1971, Daily Record,
October 12, 1971). A fine imposed by
another court, on trial de novo or
following a prayer for jury trial, goes to
the fund.

The only other changes made are in style.

(F)      PROSPECTORS EXCEPTED FROM PENALTY.—THE
PROVISIONS OF THIS SUBTITLE DO NOT APPLY TO ANY PERSON
ENGAGED IN PROSPECTING FOR COAL IF NO COAL IS

MARKETED.

(G)    FAILURE TO BACKFILL PROSPECTED AREA.—ANY
PERSON OR OPERATOR WHO FAILS TO BACKFILL ANY
PROSPECTED AREA WITHIN A REASONABLE TIME IN ACCORDANCE
WITH THE BUREAU'S RULES AND REGULATIONS IS GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SUBJECT TO A FINE OF
NOT LESS THAN $200 OR MORE THAN $500.

REVISOR'S NOTE: These subsections presently
appear as Article 66C, section 672 of the