ROBERT L. EHRLICH, JR., Governor

S.B. 303

[(c)] (D) The Commissioner may assess a civil penalty against an employer OR
PUBLIC BODY [who] THAT:

(1) willfully or repeatedly violated this title, an order passed under this
title, or a regulation adopted to carry out this title; or

(2) received a citation for a violation of a provision of this title, an order
passed under this title, or a regulation adopted to carry out this title and there is a
specific determination that the violation is not of a serious nature.

[(d)] (E) The Commissioner may assess a civil penalty against an employer OR
PUBLIC BODY [who] THAT does not correct a violation for which a citation is issued
within the period act under this title for correction.

5-812.

(A) [Each] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, EACH
civil penalty under this title shall be paid into the General Fund of the State.

(B) (1) THERE IS A WORKPLACE HAZARD ABATEMENT FUND.

(2) THE COMMISSIONER SHALL PAY EACH CIVIL PENALTY COLLECTED
FROM A PUBLIC BODY UNDER § 5-809(B)(2), (C)(2), (D), OR (E) OF THIS SUBTITLE TO THE
COMPTROLLER WHO SHALL DISTRIBUTE THE FUNDS TO THE WORKPLACE HAZARD
ABATEMENT FUND.               

(3) (I) THE FUND SHALL BE USED TO ASSIST A PUBLIC BODY IN
ABATING A WORKPLACE HAZARD.

(II) THE FUND IS A CONTINUING NONLAPSING FUND, NOT SUBJECT
TO § 7-302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.

(III) ANY UNSPENT PORTIONS OF THE FUND MAY NOT REVERT OR
BE TRANSFERRED TO THE GENERAL FUND OF THE STATE, BUT SHALL REMAIN IN
THE FUND TO BE USED FOR THE PURPOSE SPECIFIED IN SUBSECTION (B)(3)(I) OF
THIS SECTION.

(IV) NO OTHER STATE MONEY MAY BE USED TO SUPPORT THE
FUND.

(4) (I) THE COMMISSIONER SHALL ADMINISTER THE FUND.

(II) MONEYS IN THE FUND MAY ONLY BE EXPENDED FOR THE
PURPOSE STATED IN SUBSECTION (B)(3)(I) OF THIS SECTION.

(5) THE LEGISLATIVE AUDITOR SHALL AUDIT THE ACCOUNTS AND
TRANSACTIONS OF THE FUND AS PROVIDED IN § 2-1220 OF THE STATE GOVERNMENT
ARTICLE.

5.5-106.

(a) (1) The proposed budget of the Division of Labor and Industry shall
include an appropriation from the [General Fund of the State] PUBLIC SERVICE
COMMISSION to cover the cost of administering this title.

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