To amend sections 2907.01, 2907.31, and 5705.28 and to enact sections 3375.351 and 3375.352 of the Revised Code to expand the criminal offense of "disseminating matter harmful to juveniles" to also prohibit selling, providing, presenting, etc., a prepaid adult entertainment card to a juvenile; to require public libraries to install a filtering device or filtering software that prevents internet access by any person to material that is obscene and prevents internet access by juveniles to material that is harmful to juveniles and to adopt policies related to juvenile access to R-rated library video materials; to allow a public library or its personnel to disable the filtering device or software to enable a person to have full access to a computer for specified proper purposes; and to make state funding of any public library contingent upon its compliance with those library requirements.

Section 1. That sections 2907.01, 2907.31, and 5705.28 be amended and sections 3375.351 and 3375.352 of the Revised Code be enacted to read as follows:

Sec. 2907.01.  As used in sections 2907.01 to 2907.37 of the Revised Code:

(A) "Sexual conduct" means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal cavity of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

(B) "Sexual contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.

(C) "Sexual activity" means sexual conduct or sexual contact, or both.

(D) "Prostitute" means a male or female who promiscuously engages in sexual activity for hire, regardless of whether the hire is paid to the prostitute or to another.

(E) "Harmful to juveniles" means that quality of any electronic communication provided or accessed through a prepaid adult entertainment card, any material, or any performance describing or representing nudity, sexual conduct, sexual excitement, or sado-masochistic abuse in any form to which all of the following apply:

(1) The electronic communication, material, or performance, when considered as a whole, appeals to the prurient interest in sex of juveniles.

(2) The electronic communication, material, or performance is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for juveniles.

(3) The electronic communication, material, or performance, when considered as a whole, lacks serious literary, artistic, political, and scientific value for juveniles.

(F) When considered as a whole, and judged with reference to ordinary adults or, if it is designed for sexual deviates or other specially susceptible group, judged with reference to that group, any electronic communication provided or accessed through a prepaid adult entertainment card, any material, or any performance is "obscene" if any of the following apply:

(1) Its dominant appeal is to prurient interest;

(2) Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement, or nudity in a way that tends to represent human beings as mere objects of sexual appetite;

(3) Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty, or brutality;

(4) Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of elimination in a way that inspires disgust or revulsion in persons with ordinary sensibilities, without serving any genuine scientific, educational, sociological, moral, or artistic purpose;

(5) It contains a series of displays or descriptions of sexual activity, masturbation, sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty, or brutality, or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral, or artistic purpose.

(G) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(H) "Nudity" means the showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than a full, opaque covering, or of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.

(I) "Juvenile" means an unmarried person under the age of eighteen.

(J) "Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonographic record, or tape, or other tangible thing capable of arousing interest through sight, sound, or touch and includes an image or text appearing on a computer monitor, television screen, liquid crystal display, or similar display device or an image or text recorded on a computer hard disk, computer floppy disk, compact disk, magnetic tape, or similar data storage device.

(K) "Performance" means any motion picture, preview, trailer, play, show, skit, dance, or other exhibition performed before an audience.

(L) "Spouse" means a person married to an offender at the time of an alleged offense, except that such person shall not be considered the spouse when any of the following apply:

(1) When the parties have entered into a written separation agreement authorized by section 3103.06 of the Revised Code;

(2) During the pendency of an action between the parties for annulment, divorce, dissolution of marriage, or legal separation;

(3) In the case of an action for legal separation, after the effective date of the judgment for legal separation.

(M) "Minor" means a person under the age of eighteen.

(N) "Mental health client or patient" has the same meaning as in section 2305.51 of the Revised Code.

(O) "Mental health professional" has the same meaning as in section 2305.115 of the Revised Code.

(P) "Sado-masochistic abuse" means flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained.

(Q) "Prepaid adult entertainment card" means either of the following:

(1) A product that, by means of a predetermined cardholder identification and a password unique to the card, provides, or permits access to, one or more internet sites containing, including by link or reference to another internet site, any electronic communication that is harmful to juveniles or obscene;

(2) A product that, by means of a telephone number and an access code or password unique to the card and for a predetermined number of minutes, provides, or permits access to, an electronic communication that is harmful to juveniles or obscene.

(R) "Electronic communication" means any material, performance, message, or information transferred, sent, posted, published, disseminated, or otherwise communicated, any material, performance, information, or data received, or any telecommunication made, through the use of an electronic method of remotely transferring information, including, but not limited to, a computer, computer network, computer program, computer system, or telecommunications device.

(S) "Computer," "computer network," "computer program," "computer system," "telecommunication," and "telecommunications device" have the same meanings as in section 2913.01 of the Revised Code.

Sec. 2907.31.  (A) No person, with knowledge of its character or content, shall recklessly do any of the following:

(1) Directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;

(2) Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;

(3) While in the physical proximity of the juvenile or law enforcement officer posing as a juvenile, allow any juvenile or law enforcement officer posing as a juvenile to review or peruse any material or view any live performance that is harmful to juveniles;

(4) Directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present a prepaid adult entertainment card to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles, or directly offer or agree to do so.

(B) The following are affirmative defenses to a charge under division (A)(1), (2), or (3) of this section that involves material or a performance that is harmful to juveniles but not obscene, or to a charge under division (A)(4) of this section:

(1) The defendant is the parent, guardian, or spouse of the juvenile involved.

(2) The juvenile involved, at the time of the conduct in question, was accompanied by the juvenile's parent or guardian who and one of the following applies:

(a) Regarding a charge under division (A)(1), (2), or (3) of this section, the parent or guardian so accompanying the juvenile, with knowledge of its character, consented to the material or performance being furnished or presented to the juvenile;

(b) Regarding a charge under division (A)(4) of this section, the parent or guardian so accompanying the juvenile, with knowledge of the purpose for which the card may be used, consented to the prepaid adult entertainment card being sold, delivered, furnished, disseminated, provided, exhibited, rented, or presented, or being offered or agreed to be sold, delivered, furnished, disseminated, provided, exhibited, rented, or presented, to the juvenile.

(3) The juvenile involved exhibited to the defendant or to the defendant's agent or employee a draft card, driver's license, birth record, marriage license, or other official or apparently official document purporting to show that the juvenile was eighteen years of age or over or married, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of eighteen and unmarried.

(C)(1) It is an affirmative defense to a charge under division (A)(1), (2), or (3) of this section, involving material or a performance that is obscene or harmful to juveniles, or to a charge under division (A)(4) of this section, that the material or performance involved in the violation of division (A)(1), (2), or (3) of this section or the prepaid adult entertainment card involved in the violation of division (A)(4) of this section was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial, or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge, or other proper person.

(2) Except as provided in division (B)(3) of this section, mistake of age is not a defense to a charge under division (A) of this section.

(D)(1) A person directly sells, delivers, furnishes, disseminates, provides, exhibits, rents, or presents or directly offers or agrees to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present material or, a performance, or a prepaid adult entertainment card to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of division (A) of this section by means of an electronic method of remotely transmitting information if the person knows or has reason to believe that the person receiving the information is a juvenile or the group of persons receiving the information are juveniles.

(2) A person remotely transmitting information by means of a method of mass distribution does not directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present or directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present the material or, performance, or card in question to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of division (A) of this section if either of the following applies:

(a) The person has inadequate information to know or have reason to believe that a particular recipient of the information or offer is a juvenile.

(b) The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information.

(E) If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.

(F) Whoever violates division (A) of this section is guilty of disseminating matter harmful to juveniles and shall be punished as provided in division (F)(1) or (2) of this section. If

(1) Disseminating matter harmful to juveniles committed in violation of division (A)(1), (2), or (3) of this section shall be punished as provided in this division. If the material or performance involved is harmful to juveniles, except as otherwise provided in this division, a disseminating matter harmful to juveniles committed in violation of division (A)(1), (2), or (3) of this section is a misdemeanor of the first degree. If the material or performance involved is obscene, except as otherwise provided in this division, a disseminating matter harmful to juveniles committed in violation of division (A)(1), (2), or (3) of this section is a felony of the fifth degree. If the material or performance involved is obscene and the juvenile to whom it is sold, delivered, furnished, disseminated, provided, exhibited, rented, or presented, the juvenile to whom the offer is made or who is the subject of the agreement, or the juvenile who is allowed to review, peruse, or view it is under thirteen years of age, disseminating matter harmful to juveniles committed in violation of division (A)(1), (2), or (3) of this section is a felony of the fourth degree.

(2) Disseminating matter harmful to juveniles committed in violation of division (A)(4) of this section shall be punished as provided in this division. Except as otherwise provided in this division, disseminating matter harmful to juveniles committed in violation of division (A)(4) of this section is a misdemeanor of the first degree. If the juvenile to whom the prepaid entertainment card is sold, delivered, furnished, disseminated, provided, exhibited, rented, or presented, or the juvenile to whom the offer is made or who is the subject of the agreement, is under thirteen years of age, disseminating matter harmful to juveniles committed in violation of division (A)(4) of this section is a felony of the fifth degree.

Sec. 3375.351.  (A) As used in this section and section 3375.352 of the Revised Code:

(1) "Harmful to juveniles" and "material" have the same meanings as in section 2907.01 of the Revised Code.

(2) "Juvenile" means an unmarried person under the age of eighteen.

(3) "Library" means a free public library, including both 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.

(4) "Obscene" has the same meaning as in section 2907.01 of the Revised Code as that division has been construed by the supreme court of this state.

(B) The board of library trustees of a library shall do all of the following:

(1) Install and have operational, subject to division (C) of this section, a filtering device or filtering software that prevents internet access to material that is obscene or harmful to juveniles on each computer located at the library that is accessible to juveniles;

(2) Install and have operational, subject to division (C) of this section, a filtering device or filtering software that prevents internet access to material that is obscene on each computer located at the library that is accessible to any patron of the library.

(3) Adopt and enforce a policy prohibiting a juvenile from borrowing from the library video material that is rated "R" by the motion picture association of America or an equivalent rating association unless a parent or guardian has given express permission for the juvenile to borrow such material. If such express permission is given by a parent or guardian to the library, it shall be clearly noted on the library card or other identification documentation that has been issued to the juvenile.

(C) If a board of library trustees of a library installs and has operational a filtering device or filtering software on computers located at the library in accordance with divisions (B)(1) and (2) of this section, upon the request of any person who wishes to use a computer located at the library for any bona fide medical, scientific, educational, governmental, judicial, or other proper purpose, any administrator, supervisor, or other official or employee of the library may disable or override the device or software on a particular computer to enable the person to have full access to that computer for the bona fide medical, scientific, educational, governmental, judicial, or other proper purpose.

(D) Nothing in this section limits, restricts, or prohibits a board of library trustees of a library, or any administrator, supervisor, or other official or employee of a library, from regulating, limiting, restricting, or prohibiting any person from having access while at the library, on the internet or in any other manner, to material other than material that is obscene or harmful to juveniles.

Sec. 3375.352. No entity shall distribute any state money from any source to a board of public library trustees unless it has received an affidavit from the board stating that the library has complied with and will continue to comply with division (B) of section 3375.351 of the Revised Code.

Sec. 5705.28.  (A) Except as provided in division (B)(1) or (2) of this section or in section 5705.281 of the Revised Code, the taxing authority of each subdivision or other taxing unit shall adopt a tax budget for the next succeeding fiscal year:

(1) On or before the fifteenth day of January in the case of a school district;

(2) On or before the fifteenth day of July in the case of all other subdivisions and taxing units.

(B)(1) Before the first day of June in each year, the board of trustees of a school library district entitled to participate in any appropriation or revenue of a school district or to have a tax proposed by the board of education of a school district shall file with the board of education of the school district a tax budget for the ensuing fiscal year. On or before the fifteenth day of July in each year, the board of education of a school district to which a school library district tax budget was submitted under this division shall adopt such tax budget on behalf of the library district, but such budget shall not be part of the school district's tax budget.

(2)(a) The taxing authority of a taxing unit that does not levy a tax is not required to adopt a tax budget pursuant to division (A) of this section. Instead, on or before the fifteenth day of July each year, such taxing authority shall adopt an operating budget for the taxing unit for the ensuing fiscal year. The operating budget shall include an estimate of receipts from all sources, a statement of all taxing unit expenses that are anticipated to occur, and the amount required for debt charges during the fiscal year. The operating budget is not required to be filed with the county auditor or the county budget commission.

(b) Except for this section and sections 5705.36, 5705.38, 5705.40, 5705.41, 5705.43, 5705.44, and 5705.45 of the Revised Code, a taxing unit that does not levy a tax is not a taxing unit for purposes of Chapter 5705. of the Revised Code. Documents prepared in accordance with such sections are not required to be filed with the county auditor or county budget commission.

(c) The total appropriations from each fund of a taxing unit that does not levy a tax shall not exceed the total estimated revenue available for expenditures from the fund, and appropriations shall be made from each fund only for the purposes for which the fund is established.

(C)(1) To assist in the preparation of the tax budget, the head of each department, board, commission, and district authority entitled to participate in any appropriation or revenue of a subdivision shall file with the taxing authority, or in the case of a municipal corporation, with its chief executive officer, before the forty-fifth day prior to the date on which the budget must be adopted, an estimate of contemplated revenue and expenditures for the ensuing fiscal year, in such form as is prescribed by the taxing authority of the subdivision or by the auditor of state. The taxing authority shall include in its budget of expenditures the full amounts requested by district authorities, not to exceed the amount authorized by law, if such authorities may fix the amount of revenue they are to receive from the subdivision. In a municipal corporation in which a special levy for a municipal university has been authorized to be levied in excess of the ten-mill limitation, or is required by the charter of the municipal corporation, the taxing authority shall include an amount not less than the estimated yield of such levy, if such amount is requested by the board of directors of the municipal university.

(2) A county board of mental retardation and developmental disabilities may include within its estimate of contemplated revenue and expenditures a reserve balance account in the community mental retardation and developmental disabilities residential services fund. The account shall contain money that is not needed to pay for current expenses for residential services and supported living but will be needed to pay for expenses for such services in the future or may be needed for unanticipated emergency expenses. On the request of the county board of mental retardation and developmental disabilities, the board of county commissioners shall include such an account in its budget of expenditures and appropriate money to the account from residential service moneys for the county board.

(D) The board of trustees of any public library desiring to participate in the distribution of the county library and local government support fund shall adopt appropriate rules extending the benefits of the library service of such library to all the inhabitants of the county on equal terms, unless such library service is by law available to all such inhabitants, and shall certify a copy of such rules to the taxing authority with its estimate of contemplated revenue and expenditures. Where such rules have been so certified or where the adoption of such rules is not required, the taxing authority shall include in its budget of receipts such amounts as are specified by such board as contemplated revenue from the county library and local government support fund, and in its budget of expenditures the full amounts requested therefrom by such board. No library association, incorporated or unincorporated, is entitled to participate in the proceeds of the county library and local government support fund or other public funds unless such association was organized and operating prior to January 1, 1968.

(E) In addition to the requirements of division (D) of this section, the board of trustees of any public library desiring to participate in the distribution of the county library and local government support fund shall submit an affidavit to the county budget commission stating that the library has complied with and will continue to comply with division (B) of section 3375.351 of the Revised Code. The county budget commission shall not allocate money from the county library and local government support fund to the board of trustees of any public library unless it has received such an affidavit from that board.

Section 2. That existing sections 2907.01, 2907.31, and 5705.28 of the Revised Code are hereby repealed.

Section 3. (A) A board of library trustees shall comply with the requirements of division (B) of section 3375.351 of the Revised Code not later than one hundred eighty days after the effective date of that section.

(B) Section 3375.352 of the Revised Code applies to the distribution of state money beginning one hundred eighty days after the effective date of that section. This act's amendments to section 5705.28 of the Revised Code apply to the allocation of money from a county library and local government support fund beginning one hundred eighty days after the effective date of those amendments.

Section 4. Sections 2907.01 and 2907.31 of the Revised Code, as amended by this act, take effect January 1, 2004, or the earliest time permitted by law, whichever is later.