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PARRIS N. GLENDENING, Governor
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Ch. 9
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Education
23-506.1.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) "OBSCENE" HAS THE MEANING PROVIDED IN ARTICLE 27, § 419 OF
THE CODE.
(3) "CHILD PORNOGRAPHY" HAS THE MEANING PROVIDED IN ARTICLE
27, § 419A OF THE CODE.
(B) ON OR BEFORE JANUARY 1, 2001, EACH COUNTY OR BOARD OF TRUSTEES
OF A COUNTY LIBRARY SHALL:
(1) ADOPT AND IMPLEMENT POLICIES AND PROCEDURES TO PREVENT
MINORS FROM OBTAINING ACCESS THROUGH THE LIBRARY, BY MEANS OF THE
INTERNET, THE WORLD WIDE WEB, USENET, OR ANY OTHER INTERACTIVE
COMPUTER SERVICE TO MATERIALS THAT ARE OBSCENE OR CONSTITUTE CHILD
PORNOGRAPHY; AND
(2) SUBMIT THE POLICIES AND PROCEDURES REQUIRED UNDER THIS
SECTION TO THE STATE SUPERINTENDENT FOR REVIEW.
(C) (1) ON OR BEFORE JULY 1, 2001, THE STATE SUPERINTENDENT SHALL
DETERMINE WHETHER EACH COUNTY OR BOARD OF TRUSTEES OF A COUNTY
LIBRARY HAS ADOPTED AND IMPLEMENTED THE POLICIES AND PROCEDURES
REQUIRED UNDER THIS SECTION.
(2) (I) AFTER. JULY 1, 2001, THE STATE SUPERINTENDENT MAY
REQUIRE ANY COUNTY OR BOARD OF TRUSTEES OF A COUNTY LIBRARY TO ADOPT
AND IMPLEMENT ADDITIONAL POLICIES AND PROCEDURES TO PREVENT MINORS
FROM OBTAINING INTERNET ACCESS TO OBSCENE MATERIALS THROUGH THE
LIBRARY.
(II) THE STATE SUPERINTENDENT MAY REQUIRE A COUNTY OR
BOARD OF TRUSTEES OF A COUNTY LIBRARY TO ADOPT AND IMPLEMENT THE
ADDITIONAL POLICIES AND PROCEDURES WITHIN 30 DAYS.
(D) IF A COUNTY OR A BOARD OF TRUSTEES OF A COUNTY LIBRARY FAILS TO
ADOPT AND IMPLEMENT THE ADDITIONAL POLICIES AND PROCEDURES WITHIN 30
DAYS, THE STATE SUPERINTENDENT SHALL WITHHOLD PAYMENT OF 10% OF THE
STATE FUNDS DESIGNATED FOR THE COUNTY'S MINIMUM LIBRARY PROGRAM UNTIL
THE COUNTY OR BOARD COMPLIES.
(E) THE STATE SUPERINTENDENT OR A DESIGNEE OF THE STATE
SUPERINTENDENT SHALL REGULARLY MONITOR, THE COUNTY LIBRARIES TO
DETERMINE WHETHER EACH LIBRARY IS COMPLYING WITH THE POLICIES AND
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- 57 -
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