ROBERT L. EHRLICH, JR., Governor

Ch. 539

(2) Money in the educational facilities improvement fund may only be
used to pay for capital projects, or for debt incurred for capital projects, for additional
or expanded public school facilities or improvements.

Chapter 474 of the Acts of 2003

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2003. [It shall remain effective for a period of 1 year and, at the end of June
30, 2004, with no further action required by the General Assembly, this Act shall be
abrogated and of no further force and effect.]

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
June 1, 2004.

Approved May 26, 2004.

CHAPTER 539
(House Bill 1208)

AN ACT concerning

Crimes - Internet Child Pornography - Removal

FOR the purpose of requiring an investigative or law enforcement officer who receives
information that an item of alleged child pornography resides on a server or
other storage device controlled or owned by an interactive computer service
provider to contact the provider and request the provider's voluntary compliance
in removing the item within a certain period of time; requiring the officer to
apply for a court order if the provider does not voluntarily remove the item;
specifying certain information to be included in the application for a court order;
establishing the provider's right to a hearing on the application; requiring a
provider who is served with a court order that a certain item of child
pornography residing on its service to persons in the State shall be removed to
comply with the order within a certain period; specifying the content of the court
order; establishing a procedure for issuing and serving the court order;
authorizing a provider to petition the court for relief for cause from the order on
certain grounds; requiring a provider who has notice that an item of child
pornography resides on a server or other storage device controlled or owned by
the provider and located in the State or pertains to a user residing in the State
to report the item's location to the State Police; providing a certain exception to
the reporting requirement; providing a criminal penalty for willful failure to
provide certain information to the State Police; providing a criminal penalty for
failure to remove a certain item of child pornography from a certain server or
other storage device; providing that this Act does not impose a certain duty on
the provider actively to monitor its server or other storage device for a certain
item of child pornography; providing that this Act does not apply to the
transmission, routing, or temporary storage of certain images or information by
a provider; providing an interactive computer service provider with immunity

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