196

LAWS OF MARYLAND

Ch. 21

for destruction of records after the statutory
period of retention expires.

Defined terms: "Birth" § 4-201

"County" § 1-101 "Fetal death" § 4-201

"County registrar" § 4-201 "Secretary" § 1-101

4-206. MARRIAGE, DIVORCE, AND ANNULMENT RECORDS.

(A)  COLLECTION; PRESERVATION; INDEXING.

THE SECRETARY SHALL COLLECT, INDEX, AND SAFEGUARD THE
MARRIAGE, DIVORCE, AND ANNULMENT RECORDS THAT CLERKS OF
COURT FILE AS PROVIDED BY LAW.

(B)  CHANGES IN RECORDS; DISCREPANCIES.

(1)  THE SECRETARY MAY CHANGE A MARRIAGE,
DIVORCE, OR ANNULMENT RECORD IN THE FILE OF THE DEPARTMENT
ONLY IF A CLERK OF COURT SENDS, AS PROVIDED BY LAW, A
CERTIFIED REPORT OF THE CHANGE.

(2)  IF A DISCREPANCY EXISTS BETWEEN THE RECORD
OF A CLERK OF COURT AND THE RECORD OF THE SECRETARY AS TO A
MARRIAGE, DIVORCE, OR ANNULMENT, THE RECORD OF THE CLERK OF
COURT SHALL BE CONSIDERED CORRECT.

(C)  COPIES.

(1)  A CLERK OF COURT MAY PROVIDE A CERTIFIED
COPY OF A RECORD OF ANY MARRIAGE, DIVORCE, OR ANNULMENT IN
ACCORDANCE WITH USUAL CUSTOM AND AS PROVIDED BY LAW.

(2)  THE SECRETARY MAY NOT PROVIDE A CERTIFIED
COPY OF ANY RECORD OF DIVORCE OR ANNULMENT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 14(b)(4).

Throughout this section, references to records
sent "as provided by law" are substituted for the
specific references to reports and other records
sent "as provided in ... § 18 of Article 62", for

brevity. Ch. ___, Acts of 1982, which enacted

this article, also revised Article 62, § 18 of
the Code to describe more accurately the records
sent to the Secretary. See revisor's note to
Article 62, § 18 of the Code.

Subsection (a) of this section is revised to
require the Secretary to "safeguard" divorce and
annulment records, since there appeared to be no
intent to distinguish their treatment after
collection and indexing from the treatment
required for marriage records.