As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 389 5
1999-2000 6
REPRESENTATIVES AUSTRIA-GARDNER-TIBERI-HARRIS-HOUSEHOLDER- 8
SCHULER-TERWILLEGER-CORBIN-MOTTLEY-HOOPS-GOODMAN- 9
CALVERT-PETERSON-YOUNG 10
_________________________________________________________________ 11
A B I L L
To enact section 149.432 of the Revised Code to 13
provide that library records and patron 14
information are confidential except if the
parent, guardian, or custodian of a minor child 15
requests a library record or patron information
pertaining to that child and in certain other 16
situations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That section 149.432 of the Revised Code be 20
enacted to read as follows: 21
Sec. 149.432. (A) AS USED IN THIS SECTION: 23
(1) "LIBRARY" MEANS A LIBRARY THAT IS OPEN TO THE PUBLIC, 25
INCLUDING ANY OF THE FOLLOWING: 26
(a) A LIBRARY THAT IS MAINTAINED AND REGULATED UNDER 28
SECTION 715.13 OF THE REVISED CODE; 29
(b) A LIBRARY THAT IS CREATED, MAINTAINED, AND REGULATED 31
UNDER CHAPTER 3375. OF THE REVISED CODE; 32
(c) A LIBRARY THAT IS CREATED AND MAINTAINED BY A PUBLIC 34
OR PRIVATE SCHOOL, COLLEGE, UNIVERSITY, OR OTHER EDUCATIONAL 35
INSTITUTION;
(d) A LIBRARY THAT IS CREATED AND MAINTAINED BY A 37
HISTORICAL OR CHARITABLE ORGANIZATION, INSTITUTION, ASSOCIATION, 38
OR SOCIETY.
"LIBRARY" INCLUDES THE MEMBERS OF THE GOVERNING BODY AND 40
2
THE EMPLOYEES OF A LIBRARY. 41
(2) "LIBRARY RECORD" MEANS A RECORD IN ANY FORM THAT IS 43
MAINTAINED BY A LIBRARY AND THAT CONTAINS ANY OF THE FOLLOWING 44
TYPES OF INFORMATION:
(a) INFORMATION THAT THE LIBRARY REQUIRES AN INDIVIDUAL TO 46
PROVIDE IN ORDER TO BE ELIGIBLE TO USE LIBRARY SERVICES OR BORROW 47
MATERIALS;
(b) INFORMATION THAT IDENTIFIES AN INDIVIDUAL AS HAVING 49
REQUESTED OR OBTAINED SPECIFIC MATERIALS OR MATERIALS ON A 50
PARTICULAR SUBJECT;
(c) INFORMATION THAT IS PROVIDED BY AN INDIVIDUAL TO 52
ASSIST A LIBRARY STAFF MEMBER TO ANSWER A SPECIFIC QUESTION OR 53
PROVIDE INFORMATION ON A PARTICULAR SUBJECT. 54
"LIBRARY RECORD" DOES NOT INCLUDE INFORMATION THAT DOES NOT 56
IDENTIFY ANY INDIVIDUAL AND THAT IS RETAINED FOR THE PURPOSE OF 57
STUDYING OR EVALUATING THE USE OF A LIBRARY AND ITS MATERIALS AND 58
SERVICES.
(3) "PATRON INFORMATION" MEANS PERSONALLY IDENTIFIABLE 60
INFORMATION ABOUT AN INDIVIDUAL WHO HAS USED ANY LIBRARY SERVICE 61
OR BORROWED ANY LIBRARY MATERIALS. 62
(B) A LIBRARY SHALL NOT RELEASE ANY LIBRARY RECORD OR 64
DISCLOSE ANY PATRON INFORMATION EXCEPT IN THE FOLLOWING 66
SITUATIONS:
(1) IF A LIBRARY RECORD OR PATRON INFORMATION PERTAINING 68
TO A MINOR CHILD IS REQUESTED FROM A LIBRARY BY THE MINOR CHILD'S 69
PARENT, GUARDIAN, OR CUSTODIAN, THE LIBRARY SHALL MAKE THAT 70
RECORD OR INFORMATION AVAILABLE TO THE PARENT, GUARDIAN, OR 71
CUSTODIAN IN ACCORDANCE WITH DIVISION (B) OF SECTION 149.43 OF 72
THE REVISED CODE.
(2) LIBRARY RECORDS MAY BE RELEASED, AND LIBRARIES MAY BE 74
COMPELLED TO DISCLOSE PATRON INFORMATION, FOR USE IN A CIVIL OR 77
CRIMINAL TRIAL IF THE RELEASE OR DISCLOSURE IS ORDERED BY A COURT
WITH JURISDICTION OVER THE TRIAL. 78
(3) A LIBRARY RECORD OR PATRON INFORMATION SHALL BE 80
3
RELEASED UPON THE REQUEST OR WITH THE CONSENT OF THE INDIVIDUAL 81
WHO IS THE SUBJECT OF THE RECORD OR INFORMATION. 82
(4) LIBRARY RECORDS MAY BE RELEASED FOR ADMINISTRATIVE 84
LIBRARY PURPOSES, INCLUDING ESTABLISHMENT OR MAINTENANCE OF A 85
SYSTEM TO MANAGE THE LIBRARY RECORDS OR TO ASSIST IN THE TRANSFER 86
OF LIBRARY RECORDS FROM ONE RECORDS MANAGEMENT SYSTEM TO ANOTHER, 87
COMPILATION OF STATISTICAL DATA ON LIBRARY USE, AND COLLECTION OF 88
FINES AND PENALTIES.