| (b) | those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 |
| (2) |
| (a) |
A county officer shall collect, in advance, for exclusive county use and benefit:
| (i) |
a fee established by the county legislative body under Section 17-53-211; and |
| (ii) |
any other fee authorized or required by law. |
|
| (b) |
As long as the Children’s Legal Defense Account is authorized by Section 51-9-408, the county clerk shall:
| (i) |
assess $10 in addition to whatever fee for a marriage license is established under authority of this section; and |
| (ii) |
transmit $10 from each marriage license fee to the Division of Finance for deposit in the Children’s Legal Defense Account. |
|
| (c) |
| (i) |
As long as the Division of Child and Family Services, created in Section 80-2-201, has the responsibility under Section 80-2-301 to provide services, including temporary shelter, for victims of domestic violence, the county clerk shall:
| (A) |
collect $10 in addition to whatever fee for a marriage license is established under authority of this section and in addition to the amount described in Subsection (2)(b), if an applicant chooses, as provided in Subsection (2)(c)(ii), to pay the additional $10; and |
| (B) |
to the extent actually paid, transmit $10 from each marriage license fee to the Division of Finance for distribution to the Division of Child and Family Services for the operation of shelters for victims of domestic violence. |
|
| (ii) |
| (A) |
The county clerk shall provide a method for an applicant for a marriage license to choose to pay the additional $10 referred to in Subsection (2)(c)(i). |
| (B) |
An applicant for a marriage license may choose not to pay the additional $10 referred to in Subsection (2)(c)(i) without affecting the applicant’s ability to be issued a marriage license. |
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| (d) |
If a county operates an online marriage application system, the county clerk of that county:
| (i) |
may assess $20 in addition to the other fees for a marriage license established under this section; |
| (ii) |
except as provided in Subsection (2)(d)(iii), shall transmit $20 from the marriage license fee to the state treasurer for deposit annually as follows:
| (B) |
proceeds in excess of $400,000 shall be deposited into the General Fund; and |
|
| (iii) |
may not transmit $20 from the marriage license fee to the state treasurer under this Subsection (2)(d) if both individuals seeking the marriage license certify that they have completed premarital counseling or education in accordance with Section 30-1-34. |
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