S.B. 42

VETOES

[(b)] (C) A clerk may not charge a fee for recording or indexing discharge
papers.

[(c)] (D) The record kept by the clerk, or a certified copy of the record, is
admissible in evidence in any court in the State.

(E) (1) A CLERK SHALL DENY INSPECTION OF THE BOOK, AND THE RECORD
AND INDEX IN THE BOOK, DESCRIBED IN THIS SECTION TO A PERSON EXCEPT:

(I)      TO A PARTY IN A CASE CIVIL, ADMINISTRATE, OR CRIMINAL
PROCEEDING IN A FEDERAL OR STATE COURT OR GOVERNMENT AGENCY, OR THE
PARTY'S ATTORNEY IN THE CASE, WHO PRESENTS EVIDENCE SATISFACTORY TO THE
CLERK THAT THE INSPECTION IS RELATED TO ADMITTING THE RECORD OR A
CERTIFIED COPY OF THE RECORD IN EVIDENCE IN A CASE THE PROCEEDING; OR

(II)     TO A PERSON IN INTEREST; OR

(III)   IN ACCORDANCE WITH A SUBPOENA OR COURT ORDER; OR

(IV) FOR GOOD CAUSE SHOWN, TO A RELATIVE OF THE PERSON
WHO IS THE SUBJECT OF THE DISCHARGE PAPERS, IF THE REQUEST FOR A
CERTIFIED COPY IS MADE AT LEAST 70 YEARS AFTER THE DISCHARGE PAPERS WERE
PRESENTED FOR RECORDING.

(2) A CLERK MAY PROVIDE A CERTIFIED COPY OF A RECORD DESCRIBED
IN THIS SECTION ONLY TO:

(I)      TO A PARTY IN A CASE CIVIL, ADMINISTRATIVE, OR CRIMINAL
PROCEEDING IN A FEDERAL OR STATE COURT OR GOVERNMENT AGENCY, OR THE
PARTY'S ATTORNEY IN THE CASE, WHO PRESENTS EVIDENCE SATISFACTORY TO THE
CLERK THAT THE CERTIFIED COPY IS FOR THE PURPOSE OF ADMISSION IN
EVIDENCE IN THE CASE PROCEEDING; OR

(II)     TO A PERSON IN INTEREST; OR

(III)   IN ACCORDANCE WITH A SUBPOENA OR COURT ORDER, OR

(IV) FOR GOOD CAUSE SHOWN, TO A RELATIVE OF THE PERSON
WHO IS THE SUBJECT OF THE DISCHARGE PAPERS, IF THE REQUEST FOR A
CERTIFIED COPY IS MADE AT LEAST 70 YEARS AFTER THE DISCHARGE PAPERS WERE
PRESENTED FOR RECORDING.

Article - State Government

10-611.

(e) "Person in interest" means:

(1)     a person or governmental unit that is the subject of a public record or
a designee of the person or governmental unit;

(2)     if the person has a legal disability, the parent or legal representative
of the person; or

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