As Reported by House State Government Committee 1
123rd General Assembly 4
Regular Session Am. 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) SUBJECT TO DIVISION (B)(5) OF THIS SECTION, "PATRON 60
INFORMATION" MEANS PERSONALLY IDENTIFIABLE INFORMATION ABOUT AN 62
INDIVIDUAL WHO HAS USED ANY LIBRARY SERVICE OR BORROWED ANY
LIBRARY MATERIALS. 63
(4) "INTERNET" HAS THE SAME MEANING AS IN SECTION 3517.106 65
OF THE REVISED CODE. 66
(B) A LIBRARY SHALL NOT RELEASE ANY LIBRARY RECORD OR 68
DISCLOSE ANY PATRON INFORMATION EXCEPT IN THE FOLLOWING 70
SITUATIONS:
(1) IF A LIBRARY RECORD OR PATRON INFORMATION PERTAINING 72
TO A MINOR CHILD IS REQUESTED FROM A LIBRARY BY THE MINOR CHILD'S 73
PARENT, GUARDIAN, OR CUSTODIAN, THE LIBRARY SHALL MAKE THAT 74
RECORD OR INFORMATION AVAILABLE TO THE PARENT, GUARDIAN, OR 75
CUSTODIAN IN ACCORDANCE WITH DIVISION (B) OF SECTION 149.43 OF 76
THE REVISED CODE.
(2) LIBRARY RECORDS OR PATRON INFORMATION SHALL BE 78
RELEASED IN THE FOLLOWING SITUATIONS: 79
3
(a) IN ACCORDANCE WITH A SUBPOENA, SEARCH WARRANT, OR 80
OTHER COURT ORDER; 81
(b) TO A LAW ENFORCEMENT OFFICER WHO IS ACTING IN THE 82
SCOPE OF THE OFFICER'S LAW ENFORCEMENT DUTIES AND WHO IS 83
INVESTIGATING A MATTER INVOLVING PUBLIC SAFETY IN EXIGENT 84
CIRCUMSTANCES.
(3) A LIBRARY RECORD OR PATRON INFORMATION SHALL BE 86
RELEASED UPON THE REQUEST OR WITH THE CONSENT OF THE INDIVIDUAL 87
WHO IS THE SUBJECT OF THE RECORD OR INFORMATION. 88
(4) LIBRARY RECORDS MAY BE RELEASED FOR ADMINISTRATIVE 90
LIBRARY PURPOSES, INCLUDING ESTABLISHMENT OR MAINTENANCE OF A 91
SYSTEM TO MANAGE THE LIBRARY RECORDS OR TO ASSIST IN THE TRANSFER 92
OF LIBRARY RECORDS FROM ONE RECORDS MANAGEMENT SYSTEM TO ANOTHER, 93
COMPILATION OF STATISTICAL DATA ON LIBRARY USE, AND COLLECTION OF 94
FINES AND PENALTIES.
(5) A LIBRARY MAY RELEASE UNDER DIVISION (B) OF SECTION 96
149.43 OF THE REVISED CODE RECORDS THAT DOCUMENT IMPROPER USE OF 97
THE INTERNET AT THE LIBRARY SO LONG AS ANY PATRON INFORMATION IS 98
REMOVED FROM THOSE RECORDS. AS USED IN DIVISION (B)(5) OF THIS 99
SECTION, "PATRON INFORMATION" DOES NOT INCLUDE INFORMATION ABOUT 100
THE AGE OR GENDER OF AN INDIVIDUAL.