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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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