130th Ohio General Assembly
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As Introduced

123rd General Assembly
Regular Session
1999-2000
H. B. No. 389

REPRESENTATIVES AUSTRIA-GARDNER-TIBERI-HARRIS-HOUSEHOLDER- SCHULER-TERWILLEGER-CORBIN-MOTTLEY-HOOPS-GOODMAN- CALVERT-PETERSON-YOUNG


A BILL
To enact section 149.432 of the Revised Code to provide that library records and patron information are confidential except if the parent, guardian, or custodian of a minor child requests a library record or patron information pertaining to that child and in certain other situations.

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


Section 1. That section 149.432 of the Revised Code be enacted to read as follows:

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

(1) "LIBRARY" MEANS A LIBRARY THAT IS OPEN TO THE PUBLIC, INCLUDING ANY OF THE FOLLOWING:

(a) A LIBRARY THAT IS MAINTAINED AND REGULATED UNDER SECTION 715.13 of the Revised Code;

(b) A LIBRARY THAT IS CREATED, MAINTAINED, AND REGULATED UNDER CHAPTER 3375. of the Revised Code;

(c) A LIBRARY THAT IS CREATED AND MAINTAINED BY A PUBLIC OR PRIVATE SCHOOL, COLLEGE, UNIVERSITY, OR OTHER EDUCATIONAL INSTITUTION;

(d) A LIBRARY THAT IS CREATED AND MAINTAINED BY A HISTORICAL OR CHARITABLE ORGANIZATION, INSTITUTION, ASSOCIATION, OR SOCIETY.

"LIBRARY" INCLUDES THE MEMBERS OF THE GOVERNING BODY AND THE EMPLOYEES OF A LIBRARY.

(2) "LIBRARY RECORD" MEANS A RECORD IN ANY FORM THAT IS MAINTAINED BY A LIBRARY AND THAT CONTAINS ANY OF THE FOLLOWING TYPES OF INFORMATION:

(a) INFORMATION THAT THE LIBRARY REQUIRES AN INDIVIDUAL TO PROVIDE IN ORDER TO BE ELIGIBLE TO USE LIBRARY SERVICES OR BORROW MATERIALS;

(b) INFORMATION THAT IDENTIFIES AN INDIVIDUAL AS HAVING REQUESTED OR OBTAINED SPECIFIC MATERIALS OR MATERIALS ON A PARTICULAR SUBJECT;

(c) INFORMATION THAT IS PROVIDED BY AN INDIVIDUAL TO ASSIST A LIBRARY STAFF MEMBER TO ANSWER A SPECIFIC QUESTION OR PROVIDE INFORMATION ON A PARTICULAR SUBJECT.

"LIBRARY RECORD" DOES NOT INCLUDE INFORMATION THAT DOES NOT IDENTIFY ANY INDIVIDUAL AND THAT IS RETAINED FOR THE PURPOSE OF STUDYING OR EVALUATING THE USE OF A LIBRARY AND ITS MATERIALS AND SERVICES.

(3) "PATRON INFORMATION" MEANS PERSONALLY IDENTIFIABLE INFORMATION ABOUT AN INDIVIDUAL WHO HAS USED ANY LIBRARY SERVICE OR BORROWED ANY LIBRARY MATERIALS.

(B) A LIBRARY SHALL NOT RELEASE ANY LIBRARY RECORD OR DISCLOSE ANY PATRON INFORMATION EXCEPT IN THE FOLLOWING SITUATIONS:

(1) IF A LIBRARY RECORD OR PATRON INFORMATION PERTAINING TO A MINOR CHILD IS REQUESTED FROM A LIBRARY BY THE MINOR CHILD'S PARENT, GUARDIAN, OR CUSTODIAN, THE LIBRARY SHALL MAKE THAT RECORD OR INFORMATION AVAILABLE TO THE PARENT, GUARDIAN, OR CUSTODIAN IN ACCORDANCE WITH DIVISION (B) OF SECTION 149.43 of the Revised Code.

(2) LIBRARY RECORDS MAY BE RELEASED, AND LIBRARIES MAY BE COMPELLED TO DISCLOSE PATRON INFORMATION, FOR USE IN A CIVIL OR CRIMINAL TRIAL IF THE RELEASE OR DISCLOSURE IS ORDERED BY A COURT WITH JURISDICTION OVER THE TRIAL.

(3) A LIBRARY RECORD OR PATRON INFORMATION SHALL BE RELEASED UPON THE REQUEST OR WITH THE CONSENT OF THE INDIVIDUAL WHO IS THE SUBJECT OF THE RECORD OR INFORMATION.

(4) LIBRARY RECORDS MAY BE RELEASED FOR ADMINISTRATIVE LIBRARY PURPOSES, INCLUDING ESTABLISHMENT OR MAINTENANCE OF A SYSTEM TO MANAGE THE LIBRARY RECORDS OR TO ASSIST IN THE TRANSFER OF LIBRARY RECORDS FROM ONE RECORDS MANAGEMENT SYSTEM TO ANOTHER, COMPILATION OF STATISTICAL DATA ON LIBRARY USE, AND COLLECTION OF FINES AND PENALTIES.

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