As Passed by the House                        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-BUEHRER-METZGER-O'BRIEN-ROMAN-        10           

      WIDENER-ALLEN-BRADING-VESPER-OLMAN-JOLIVETTE-PATTON-         11           

                GRENDELL-SMITH-KRUPINSKI-SALERNO                   12           


_________________________________________________________________   13           

                          A   B I L L                                           

             To enact section 149.432 of the Revised Code to       15           

                provide that library records and patron            16           

                information are confidential except if the                      

                parent, guardian, or custodian of a minor child    17           

                requests a library record or patron information                 

                pertaining to that child and in certain other      18           

                situations.                                                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        20           

      Section 1.  That section 149.432 of the Revised Code be      22           

enacted to read as follows:                                        23           

      Sec. 149.432.  (A)  AS USED IN THIS SECTION:                 25           

      (1)  "LIBRARY" MEANS A LIBRARY THAT IS OPEN TO THE PUBLIC,   27           

INCLUDING ANY OF THE FOLLOWING:                                    28           

      (a)  A LIBRARY THAT IS MAINTAINED AND REGULATED UNDER        30           

SECTION 715.13 OF THE REVISED CODE;                                31           

      (b)  A LIBRARY THAT IS CREATED, MAINTAINED, AND REGULATED    33           

UNDER CHAPTER 3375. OF THE REVISED CODE;                           34           

      (c)  A LIBRARY THAT IS CREATED AND MAINTAINED BY A PUBLIC    36           

OR PRIVATE SCHOOL, COLLEGE, UNIVERSITY, OR OTHER EDUCATIONAL       37           

INSTITUTION;                                                                    

      (d)  A LIBRARY THAT IS CREATED AND MAINTAINED BY A           39           

HISTORICAL OR CHARITABLE ORGANIZATION, INSTITUTION, ASSOCIATION,   40           

                                                          2      


                                                                 
OR SOCIETY.                                                                     

      "LIBRARY" INCLUDES THE MEMBERS OF THE GOVERNING BODY AND     42           

THE EMPLOYEES OF A LIBRARY.                                        43           

      (2)  "LIBRARY RECORD" MEANS A RECORD IN ANY FORM THAT IS     45           

MAINTAINED BY A LIBRARY AND THAT CONTAINS ANY OF THE FOLLOWING     46           

TYPES OF INFORMATION:                                                           

      (a)  INFORMATION THAT THE LIBRARY REQUIRES AN INDIVIDUAL TO  48           

PROVIDE IN ORDER TO BE ELIGIBLE TO USE LIBRARY SERVICES OR BORROW  49           

MATERIALS;                                                                      

      (b)  INFORMATION THAT IDENTIFIES AN INDIVIDUAL AS HAVING     51           

REQUESTED OR OBTAINED SPECIFIC MATERIALS OR MATERIALS ON A         52           

PARTICULAR SUBJECT;                                                             

      (c)  INFORMATION THAT IS PROVIDED BY AN INDIVIDUAL TO        54           

ASSIST A LIBRARY STAFF MEMBER TO ANSWER A SPECIFIC QUESTION OR     55           

PROVIDE INFORMATION ON A PARTICULAR SUBJECT.                       56           

      "LIBRARY RECORD" DOES NOT INCLUDE INFORMATION THAT DOES NOT  58           

IDENTIFY ANY INDIVIDUAL AND THAT IS RETAINED FOR THE PURPOSE OF    59           

STUDYING OR EVALUATING THE USE OF A LIBRARY AND ITS MATERIALS AND  60           

SERVICES.                                                                       

      (3)  SUBJECT TO DIVISION (B)(5) OF THIS SECTION, "PATRON     62           

INFORMATION" MEANS PERSONALLY IDENTIFIABLE INFORMATION ABOUT AN    64           

INDIVIDUAL WHO HAS USED ANY LIBRARY SERVICE OR BORROWED ANY                     

LIBRARY MATERIALS.                                                 65           

      (4)  "INTERNET" HAS THE SAME MEANING AS IN SECTION 3517.106  67           

OF THE REVISED CODE.                                               68           

      (B)  A LIBRARY SHALL NOT RELEASE ANY LIBRARY RECORD OR       70           

DISCLOSE ANY PATRON INFORMATION EXCEPT IN THE FOLLOWING            72           

SITUATIONS:                                                                     

      (1)  IF A LIBRARY RECORD OR PATRON INFORMATION PERTAINING    74           

TO A MINOR CHILD IS REQUESTED FROM A LIBRARY BY THE MINOR CHILD'S  75           

PARENT, GUARDIAN, OR CUSTODIAN, THE LIBRARY SHALL MAKE THAT        76           

RECORD OR INFORMATION AVAILABLE TO THE PARENT, GUARDIAN, OR        77           

CUSTODIAN IN ACCORDANCE WITH DIVISION (B) OF SECTION 149.43 OF     78           

THE REVISED CODE.                                                               

                                                          3      


                                                                 
      (2)  LIBRARY RECORDS OR PATRON INFORMATION SHALL BE          80           

RELEASED IN THE FOLLOWING SITUATIONS:                              81           

      (a)  IN ACCORDANCE WITH A SUBPOENA, SEARCH WARRANT, OR       82           

OTHER COURT ORDER;                                                 83           

      (b)  TO A LAW ENFORCEMENT OFFICER WHO IS ACTING IN THE       84           

SCOPE OF THE OFFICER'S LAW ENFORCEMENT DUTIES AND WHO IS           85           

INVESTIGATING A MATTER INVOLVING PUBLIC SAFETY IN EXIGENT          86           

CIRCUMSTANCES.                                                                  

      (3)  A LIBRARY RECORD OR PATRON INFORMATION SHALL BE         88           

RELEASED UPON THE REQUEST OR WITH THE CONSENT OF THE INDIVIDUAL    89           

WHO IS THE SUBJECT OF THE RECORD OR INFORMATION.                   90           

      (4)  LIBRARY RECORDS MAY BE RELEASED FOR ADMINISTRATIVE      92           

LIBRARY PURPOSES, INCLUDING ESTABLISHMENT OR MAINTENANCE OF A      93           

SYSTEM TO MANAGE THE LIBRARY RECORDS OR TO ASSIST IN THE TRANSFER  94           

OF LIBRARY RECORDS FROM ONE RECORDS MANAGEMENT SYSTEM TO ANOTHER,  95           

COMPILATION OF STATISTICAL DATA ON LIBRARY USE, AND COLLECTION OF  96           

FINES AND PENALTIES.                                                            

      (5)  A LIBRARY MAY RELEASE UNDER DIVISION (B) OF SECTION     98           

149.43 OF THE REVISED CODE RECORDS THAT DOCUMENT IMPROPER USE OF   99           

THE INTERNET AT THE LIBRARY SO LONG AS ANY PATRON INFORMATION IS   100          

REMOVED FROM THOSE RECORDS.  AS USED IN DIVISION (B)(5) OF THIS    101          

SECTION, "PATRON INFORMATION" DOES NOT INCLUDE INFORMATION ABOUT   102          

THE AGE OR GENDER OF AN INDIVIDUAL.