As Passed by the Senate 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-SENATORS SCHAFRATH- 12
KEARNS-WHITE-DRAKE-WATTS-WACHTMANN-HAGAN 13
_________________________________________________________________ 15
A B I L L
To enact section 149.432 of the Revised Code to 17
provide that library records and patron 18
information are confidential except if the
parent, guardian, or custodian of a minor child 19
requests a library record or patron information
pertaining to that child and in certain other 20
situations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That section 149.432 of the Revised Code be 24
enacted to read as follows: 25
Sec. 149.432. (A) AS USED IN THIS SECTION: 27
(1) "LIBRARY" MEANS A LIBRARY THAT IS OPEN TO THE PUBLIC, 29
INCLUDING ANY OF THE FOLLOWING: 30
(a) A LIBRARY THAT IS MAINTAINED AND REGULATED UNDER 32
SECTION 715.13 OF THE REVISED CODE; 33
(b) A LIBRARY THAT IS CREATED, MAINTAINED, AND REGULATED 35
UNDER CHAPTER 3375. OF THE REVISED CODE; 36
(c) A LIBRARY THAT IS CREATED AND MAINTAINED BY A PUBLIC 38
OR PRIVATE SCHOOL, COLLEGE, UNIVERSITY, OR OTHER EDUCATIONAL 39
INSTITUTION;
(d) A LIBRARY THAT IS CREATED AND MAINTAINED BY A 41
2
HISTORICAL OR CHARITABLE ORGANIZATION, INSTITUTION, ASSOCIATION, 42
OR SOCIETY.
"LIBRARY" INCLUDES THE MEMBERS OF THE GOVERNING BODY AND 44
THE EMPLOYEES OF A LIBRARY. 45
(2) "LIBRARY RECORD" MEANS A RECORD IN ANY FORM THAT IS 47
MAINTAINED BY A LIBRARY AND THAT CONTAINS ANY OF THE FOLLOWING 48
TYPES OF INFORMATION:
(a) INFORMATION THAT THE LIBRARY REQUIRES AN INDIVIDUAL TO 50
PROVIDE IN ORDER TO BE ELIGIBLE TO USE LIBRARY SERVICES OR BORROW 51
MATERIALS;
(b) INFORMATION THAT IDENTIFIES AN INDIVIDUAL AS HAVING 53
REQUESTED OR OBTAINED SPECIFIC MATERIALS OR MATERIALS ON A 54
PARTICULAR SUBJECT;
(c) INFORMATION THAT IS PROVIDED BY AN INDIVIDUAL TO 56
ASSIST A LIBRARY STAFF MEMBER TO ANSWER A SPECIFIC QUESTION OR 57
PROVIDE INFORMATION ON A PARTICULAR SUBJECT. 58
"LIBRARY RECORD" DOES NOT INCLUDE INFORMATION THAT DOES NOT 60
IDENTIFY ANY INDIVIDUAL AND THAT IS RETAINED FOR THE PURPOSE OF 61
STUDYING OR EVALUATING THE USE OF A LIBRARY AND ITS MATERIALS AND 62
SERVICES.
(3) SUBJECT TO DIVISION (B)(5) OF THIS SECTION, "PATRON 64
INFORMATION" MEANS PERSONALLY IDENTIFIABLE INFORMATION ABOUT AN 66
INDIVIDUAL WHO HAS USED ANY LIBRARY SERVICE OR BORROWED ANY
LIBRARY MATERIALS. 67
(4) "INTERNET" HAS THE SAME MEANING AS IN SECTION 3517.106 69
OF THE REVISED CODE. 70
(B) A LIBRARY SHALL NOT RELEASE ANY LIBRARY RECORD OR 72
DISCLOSE ANY PATRON INFORMATION EXCEPT IN THE FOLLOWING 74
SITUATIONS:
(1) IF A LIBRARY RECORD OR PATRON INFORMATION PERTAINING 76
TO A MINOR CHILD IS REQUESTED FROM A LIBRARY BY THE MINOR CHILD'S 77
PARENT, GUARDIAN, OR CUSTODIAN, THE LIBRARY SHALL MAKE THAT 78
RECORD OR INFORMATION AVAILABLE TO THE PARENT, GUARDIAN, OR 79
CUSTODIAN IN ACCORDANCE WITH DIVISION (B) OF SECTION 149.43 OF 80
3
THE REVISED CODE.
(2) LIBRARY RECORDS OR PATRON INFORMATION SHALL BE 82
RELEASED IN THE FOLLOWING SITUATIONS: 83
(a) IN ACCORDANCE WITH A SUBPOENA, SEARCH WARRANT, OR 84
OTHER COURT ORDER; 85
(b) TO A LAW ENFORCEMENT OFFICER WHO IS ACTING IN THE 86
SCOPE OF THE OFFICER'S LAW ENFORCEMENT DUTIES AND WHO IS 87
INVESTIGATING A MATTER INVOLVING PUBLIC SAFETY IN EXIGENT 88
CIRCUMSTANCES.
(3) A LIBRARY RECORD OR PATRON INFORMATION SHALL BE 90
RELEASED UPON THE REQUEST OR WITH THE CONSENT OF THE INDIVIDUAL 91
WHO IS THE SUBJECT OF THE RECORD OR INFORMATION. 92
(4) LIBRARY RECORDS MAY BE RELEASED FOR ADMINISTRATIVE 94
LIBRARY PURPOSES, INCLUDING ESTABLISHMENT OR MAINTENANCE OF A 95
SYSTEM TO MANAGE THE LIBRARY RECORDS OR TO ASSIST IN THE TRANSFER 96
OF LIBRARY RECORDS FROM ONE RECORDS MANAGEMENT SYSTEM TO ANOTHER, 97
COMPILATION OF STATISTICAL DATA ON LIBRARY USE, AND COLLECTION OF 98
FINES AND PENALTIES.
(5) A LIBRARY MAY RELEASE UNDER DIVISION (B) OF SECTION 100
149.43 OF THE REVISED CODE RECORDS THAT DOCUMENT IMPROPER USE OF 101
THE INTERNET AT THE LIBRARY SO LONG AS ANY PATRON INFORMATION IS 102
REMOVED FROM THOSE RECORDS. AS USED IN DIVISION (B)(5) OF THIS 103
SECTION, "PATRON INFORMATION" DOES NOT INCLUDE INFORMATION ABOUT 104
THE AGE OR GENDER OF AN INDIVIDUAL.