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.