LD 1513
pg. 2
Page 1 of 5 An Act To Update the Department of Defense, Veterans and Emergency Management L... Page 3 of 5
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LR 1889
Item 1

 
management officer or administrative hearing officer, be stayed
unless, in the opinion of the court, case management officer or the
administrative hearing officer, the ability of the plaintiff to
prosecute the action, the defendant to conduct the defendant's
defense or the attorney to represent either party is not materially
affected by reason of the member's military service.

 
2.__Appearance.__An application for a stay of a court or
administrative proceeding pursuant to the Soldiers' and Sailors'
Civil Relief Act of 1940, 50 United States Code, as amended, or
this section does not constitute an appearance for any purpose.

 
Sec. 4. 37-B MRSA §509 is enacted to read:

 
§509.__Confidentiality of military service records

 
1.__Certificate of release.__A certificate of release or
discharge from active duty issued by the United States Government
and filed for safekeeping with any state, county or local
government authority is confidential for a period of 75 years
following its filing.__During that 75-year period, it is unlawful
for a person to permit inspection of the record, to disclose
information contained in the record or to issue a copy of all or
any part of the record except as authorized by this section or by
court order.

 
2. Identification.__Upon presentation of proper
identification, any of the following persons may examine a record
filed pursuant to this section and obtain free of charge a copy
or certified copy of all or part of the record:

 
A.__The person who is the subject of the record;

 
B.__The spouse or next of kin of the person who is the
subject of the record;

 
C.__A person named in an appropriate power of attorney
executed by the person who is the subject of the record;

 
D.__The administrator, executor, guardian or legal
representative of the person who is the subject of the
record;

 
E.__An attorney for any person specified in paragraphs A to
D of this subsection; or

 
F.__A civilian employee or military member of the department
when in the conduct of official duties.


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