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defense or the attorney to represent either party is not materially | | affected by reason of the member's military service. |
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| | | 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. |
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| | | Sec. 7. 37-B MRSA §509 is enacted to read: |
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| | | §509.__Confidentiality of military service records |
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| | | 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. |
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| | | 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: |
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| | | A.__The person who is the subject of the record; |
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| | | B.__The spouse or next of kin of the person who is the | | subject of the record; |
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| | | C.__A person named in an appropriate power of attorney | | executed by the person who is the subject of the record; |
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| | | D.__The administrator, executor, guardian or legal | | representative of the person who is the subject of the | | record; |
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| | | E.__An attorney for any person specified in paragraphs A to | | D of this subsection; or |
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| | | F.__A civilian employee or military member of the department | | when in the conduct of official duties. |
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| | | 3.__Records.__Records kept pursuant to this section may not be | | reproduced or used in whole or in part for any commercial or | | speculative purposes. |
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| | | 4.__Disclose.__An individual, agency or court that obtains |
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