As Reported by the Senate State and Local Government and Veterans 2
Affairs Committee
123rd General Assembly 5
Regular Session Am. H. B. No. 389 6
1999-2000 7
REPRESENTATIVES AUSTRIA-GARDNER-TIBERI-HARRIS-HOUSEHOLDER- 9
SCHULER-TERWILLEGER-CORBIN-MOTTLEY-HOOPS-GOODMAN- 10
CALVERT-PETERSON-YOUNG-BUEHRER-METZGER-O'BRIEN-ROMAN- 11
WIDENER-ALLEN-BRADING-VESPER-OLMAN-JOLIVETTE-PATTON- 12
GRENDELL-SMITH-KRUPINSKI-SALERNO 13
_________________________________________________________________ 14
A B I L L
To enact section 149.432 of the Revised Code to 16
provide that library records and patron 17
information are confidential except if the
parent, guardian, or custodian of a minor child 18
requests a library record or patron information
pertaining to that child and in certain other 19
situations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That section 149.432 of the Revised Code be 23
enacted to read as follows: 24
Sec. 149.432. (A) AS USED IN THIS SECTION: 26
(1) "LIBRARY" MEANS A LIBRARY THAT IS OPEN TO THE PUBLIC, 28
INCLUDING ANY OF THE FOLLOWING: 29
(a) A LIBRARY THAT IS MAINTAINED AND REGULATED UNDER 31
SECTION 715.13 OF THE REVISED CODE; 32
(b) A LIBRARY THAT IS CREATED, MAINTAINED, AND REGULATED 34
UNDER CHAPTER 3375. OF THE REVISED CODE; 35
(c) A LIBRARY THAT IS CREATED AND MAINTAINED BY A PUBLIC 37
OR PRIVATE SCHOOL, COLLEGE, UNIVERSITY, OR OTHER EDUCATIONAL 38
INSTITUTION;
(d) A LIBRARY THAT IS CREATED AND MAINTAINED BY A 40
2
HISTORICAL OR CHARITABLE ORGANIZATION, INSTITUTION, ASSOCIATION, 41
OR SOCIETY.
"LIBRARY" INCLUDES THE MEMBERS OF THE GOVERNING BODY AND 43
THE EMPLOYEES OF A LIBRARY. 44
(2) "LIBRARY RECORD" MEANS A RECORD IN ANY FORM THAT IS 46
MAINTAINED BY A LIBRARY AND THAT CONTAINS ANY OF THE FOLLOWING 47
TYPES OF INFORMATION:
(a) INFORMATION THAT THE LIBRARY REQUIRES AN INDIVIDUAL TO 49
PROVIDE IN ORDER TO BE ELIGIBLE TO USE LIBRARY SERVICES OR BORROW 50
MATERIALS;
(b) INFORMATION THAT IDENTIFIES AN INDIVIDUAL AS HAVING 52
REQUESTED OR OBTAINED SPECIFIC MATERIALS OR MATERIALS ON A 53
PARTICULAR SUBJECT;
(c) INFORMATION THAT IS PROVIDED BY AN INDIVIDUAL TO 55
ASSIST A LIBRARY STAFF MEMBER TO ANSWER A SPECIFIC QUESTION OR 56
PROVIDE INFORMATION ON A PARTICULAR SUBJECT. 57
"LIBRARY RECORD" DOES NOT INCLUDE INFORMATION THAT DOES NOT 59
IDENTIFY ANY INDIVIDUAL AND THAT IS RETAINED FOR THE PURPOSE OF 60
STUDYING OR EVALUATING THE USE OF A LIBRARY AND ITS MATERIALS AND 61
SERVICES.
(3) SUBJECT TO DIVISION (B)(5) OF THIS SECTION, "PATRON 63
INFORMATION" MEANS PERSONALLY IDENTIFIABLE INFORMATION ABOUT AN 65
INDIVIDUAL WHO HAS USED ANY LIBRARY SERVICE OR BORROWED ANY
LIBRARY MATERIALS. 66
(4) "INTERNET" HAS THE SAME MEANING AS IN SECTION 3517.106 68
OF THE REVISED CODE. 69
(B) A LIBRARY SHALL NOT RELEASE ANY LIBRARY RECORD OR 71
DISCLOSE ANY PATRON INFORMATION EXCEPT IN THE FOLLOWING 73
SITUATIONS:
(1) IF A LIBRARY RECORD OR PATRON INFORMATION PERTAINING 75
TO A MINOR CHILD IS REQUESTED FROM A LIBRARY BY THE MINOR CHILD'S 76
PARENT, GUARDIAN, OR CUSTODIAN, THE LIBRARY SHALL MAKE THAT 77
RECORD OR INFORMATION AVAILABLE TO THE PARENT, GUARDIAN, OR 78
CUSTODIAN IN ACCORDANCE WITH DIVISION (B) OF SECTION 149.43 OF 79
3
THE REVISED CODE.
(2) LIBRARY RECORDS OR PATRON INFORMATION SHALL BE 81
RELEASED IN THE FOLLOWING SITUATIONS: 82
(a) IN ACCORDANCE WITH A SUBPOENA, SEARCH WARRANT, OR 83
OTHER COURT ORDER; 84
(b) TO A LAW ENFORCEMENT OFFICER WHO IS ACTING IN THE 85
SCOPE OF THE OFFICER'S LAW ENFORCEMENT DUTIES AND WHO IS 86
INVESTIGATING A MATTER INVOLVING PUBLIC SAFETY IN EXIGENT 87
CIRCUMSTANCES.
(3) A LIBRARY RECORD OR PATRON INFORMATION SHALL BE 89
RELEASED UPON THE REQUEST OR WITH THE CONSENT OF THE INDIVIDUAL 90
WHO IS THE SUBJECT OF THE RECORD OR INFORMATION. 91
(4) LIBRARY RECORDS MAY BE RELEASED FOR ADMINISTRATIVE 93
LIBRARY PURPOSES, INCLUDING ESTABLISHMENT OR MAINTENANCE OF A 94
SYSTEM TO MANAGE THE LIBRARY RECORDS OR TO ASSIST IN THE TRANSFER 95
OF LIBRARY RECORDS FROM ONE RECORDS MANAGEMENT SYSTEM TO ANOTHER, 96
COMPILATION OF STATISTICAL DATA ON LIBRARY USE, AND COLLECTION OF 97
FINES AND PENALTIES.
(5) A LIBRARY MAY RELEASE UNDER DIVISION (B) OF SECTION 99
149.43 OF THE REVISED CODE RECORDS THAT DOCUMENT IMPROPER USE OF 100
THE INTERNET AT THE LIBRARY SO LONG AS ANY PATRON INFORMATION IS 101
REMOVED FROM THOSE RECORDS. AS USED IN DIVISION (B)(5) OF THIS 102
SECTION, "PATRON INFORMATION" DOES NOT INCLUDE INFORMATION ABOUT 103
THE AGE OR GENDER OF AN INDIVIDUAL.