October 29, 2019, Introduced by Senators MACGREGOR, HOLLIER and JOHNSON and referred to the Committee on Judiciary and Public Safety.

A bill to amend 1982 PA 455, entitled

"The library privacy act,"

by amending the title and sections 2, 3, and 4 (MCL 397.602, 397.603, and 397.604), section 2 as amended by 1999 PA 37 and section 3 as amended by 1996 PA 188.

the people of the state of michigan enact:


An act to provide for the confidentiality of certain library records; and to provide for certain exceptions to the confidentiality of those library records; to provide for the selection and use of library materials; and to provide remedies.

Sec. 2. As used in this act:

(a) "Computer" means any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific operations including logical, arithmetic, or memory functions with or on computer data or a computer program, and that can store, retrieve, alter, or communicate the results of the operations, to a person, computer program, computer, computer system, or computer network.

(b) "Computer network" means the interconnection of hardwire or wireless communication lines with a computer through remote terminals, or a complex consisting of 2 or more interconnected computers.

(c) "Computer program" means a series of internal or external instructions communicated in a form acceptable to a computer that directs the functioning of a computer, computer system, or computer network in a manner designed to provide or produce products or results from the computer, computer system, or computer network.

(d) "Computer system" means a set of related, connected or unconnected, computer equipment, devices, software, or hardware.

(e) "Criminal activity alleged to have occurred at the library" means any activity or alleged activity that would constitute a violation of any law or ordinance that occurs in the library building, on library property, or using library property, materials, or resources.

(f) (e) "Device" includes, but is not limited to, an electronic, magnetic, electrochemical, biochemical, hydraulic, optical, or organic object that performs input, output, or storage functions by the manipulation of electronic, magnetic, or other impulses.

(g) (f) "Harmful to minors" means that term as it is defined in section 4 of 1978 PA 33, MCL 722.674.

(h) (g) "Internet" means that term as defined in section 230 of title II of the communications act of 1934, chapter 652, 110 Stat. 137, 47 U.S.C. USC 230.

(i) (h) "Library" includes means a library that is established by the this state ; or by a county, city, township, village, school district, or other local unit of government or authority or combination of local units of governments and authorities, ; a community college district, ; or a college or university, ; or any a private library open to the public.

(j) (i) "Library record" means a document, record, or other method of storing information retained by a library that contains information that personally identifies a library patron, including the patron's name, address, or telephone number, or that identifies a person as having requested or obtained specific materials from a library. Library record does not include nonidentifying material that may be retained for the purpose of studying or evaluating the circulation of library materials in general.

(k) (j) "Minor" means an individual who is less than 18 years of age.

(l) (k) "Obscene" means that term as it is defined in section 2 of 1984 PA 343, MCL 752.362.

(m) (l) "Sexually explicit matter" means that term as it is defined in section 3 of 1978 PA 33, MCL 722.673.

(n) (m) "Terminal" means a device used to access the internet or a computer, computer program, computer network, or computer system.

Sec. 3. (1) Except as provided in subsection (2), a A library record is not subject to the disclosure requirements of the freedom of information act, Act No. 442 of the Public Acts of 442 PA 1976, being sections MCL 15.231 to 15.246. of the Michigan Compiled Laws.

(2) Unless ordered by a court after giving the affected library notice of the request and an opportunity to be heard on the request, a A library or an employee or agent of a library shall not release or disclose a library record or portion of a library record to a person without the written consent of the person liable for payment for or return of the materials identified in that library record, unless 1 of the following exceptions applies:

(a) A court has ordered the release or disclosure after giving the affected library notice of the request and an opportunity to be heard on the request.

(b) The release or disclosure is permitted under subsection (5).

(3) The procedure and form of giving the written consent described in subsection (2) may be determined by the library.

(4) A library may appear and be represented by counsel at a hearing described in subsection (2).

(5) A library may disclose library records without a court order or the written consent described in subsection (2) under any of the following circumstances:

(a) Upon the request of a law enforcement officer who is investigating criminal activity alleged to have occurred at the library or if the library requests the assistance of a law enforcement officer regarding criminal activity alleged to have occurred at the library, the library may disclose to the law enforcement officer any library record pertinent to the alleged criminal activity. The library director and any other person designated by the library board or commission is authorized to determine whether to disclose library records subject to this subdivision. The library is not required to release library records under this subdivision and may require the law enforcement officer to obtain written consent or an order of the court as required in subsection (2).

(b) The library may report information about the delinquent account of a patron who borrows or uses the library's materials, resources, or services to a collection agency under contract with the library. The library shall provide only the library records necessary to return overdue or stolen materials or collect fines.

(c) The library may disclose library records to other libraries or to library cooperatives for the purpose of conducting interlibrary loans. The library records must be limited to those required for providing interlibrary loans.

Sec. 4. A library or an agent or employee of a library which that violates section 3 shall be liable is subject to liability to the person identified in a record that is improperly released or disclosed. The person identified may bring a civil action against the library or agent for actual damages or $250.00, whichever is greater; reasonable attorney fees; and the costs of bringing the action. If the violation is committed by an employee of the library acting in the scope of his or her duties, the person identified may bring the action against the library only, and the damages, fees, and costs are to be assessed against the library and are not to be assessed against the employee personally. A civil action under this section must be brought within 180 days of the release or disclosure.