§ 2-410. Receipt and disposition of clerk's or deputy clerk's fee for performing marriage ceremony.

   (a) Fee and disposition of funds. --

   (1) Except as provided in this subsection, a judge, clerk, or deputy clerk may not receive any fee, remuneration, or gift for performing a marriage ceremony.

   (2) (i) 1. A Maryland judge's fee for performing a marriage ceremony is a nonrefundable fee, payable to the clerk before a marriage license is issued, in the amount of $ 30 in Cecil County and $ 25 in any other county.

         2. The clerk's or deputy clerk's fee for performing a marriage ceremony is $ 30 in Cecil County and $ 25 in any other county.

      (ii) Except as provided in paragraph (10) of this subsection, each month the clerk shall pay $ 10 of each fee collected under this section into the general fund of the county.

      (iii) Except as otherwise provided in this subsection, the clerk shall retain the remainder of each fee and deposit and disburse it in the same manner as other fees collected by the clerk.

   (3) In Allegany County, from the remaining $ 15, the clerk shall pay, quarterly, $ 2 of each fee to the Allegany County Historical Society.

   (4) (i) In Anne Arundel County, from the remaining $ 15, the clerk shall pay $ 4 of each fee to the Annarrundel County Trust for Preservation, Inc.

      (ii) The Annarrundel County Trust for Preservation, Inc. shall report annually to the Anne Arundel County Executive and the Maryland Historical Trust on the use of all funds received under this section, including a detailed record of the expenditures and receipts of all funds transferred from the Anne Arundel County Committee of the Historical Trust.

      (iii) The Anne Arundel County Executive or the Maryland Historical Trust may request at any time an audit of the financial records of the Annarrundel County Trust for Preservation, Inc.

   (5) (i) In Baltimore County, the clerk shall pay the remaining $ 15 to the Baltimore County Historical Trust, Inc.

      (ii) The Baltimore County Historical Trust, Inc. shall report annually to the Baltimore County Executive and the Maryland Historical Trust on the use of all funds received under this section, including a detailed record of the expenditures and receipts of all funds collected before July 1, 1987.

      (iii) The Baltimore County Executive or the Maryland Historical Trust may request at any time an audit of the financial records of the Baltimore County Historical Trust, Inc.

   (6) In Cecil County:

      (i) of the funds remaining after the payment into the general fund of the county under paragraph (2)(ii) of this subsection, the clerk shall pay:

         1. $ 5 of each fee to the Cecil Historical Trust, Incorporated; and

         2. $ 5 of each fee to the Historical Society of Cecil County;

      (ii) the Historical Society of Cecil County shall report annually to the Cecil County Commissioners on the use of the funds received under this section;

      (iii) the Cecil Historical Trust, Incorporated shall report annually to the Cecil County Commissioners and the Maryland Historical Trust on the use of all funds received under this section, including a detailed record of the expenditures and receipts of all funds transferred from the Cecil County Committee of the Maryland Historical Trust; and

      (iv) the Cecil County Commissioners or the Maryland Historical Trust may request at any time an audit of the financial records of the Cecil Historical Trust, Incorporated.

   (7) In Garrett County, from the remaining $ 15, the clerk shall pay $ 5 of each fee to the Garrett County Historical Society.

   (8) In Montgomery County, from the remaining $ 15, the clerk shall pay:

      (i) $ 2 of each fee to the Montgomery County Historical Society, Incorporated; and

      (ii) $ 3 of each fee into the fund for the enhancement and beautification of the Montgomery County Courthouse and facilities.

   (9) (i) In Prince George's County, from the remaining $ 15, the clerk shall pay $ 3 of each fee to Prince George's Heritage, Inc.

      (ii) Prince George's Heritage, Inc. shall report annually to the Prince George's County Executive and the Maryland Historical Trust on the use of all funds received under this section, including a detailed record of the expenditures and receipts of all funds collected before July 1, 1987.

      (iii) The Prince George's County Executive or the Maryland Historical Trust may request at any time an audit of the financial records of Prince George's Heritage, Inc.

   (10) In Harford County, from the $ 25 fee for performing a marriage ceremony, the clerk shall pay $ 20 of each fee to the Historical Society of Harford County, Inc.

(b) Disposition of funds required; penalty. --

   (1) A clerk or deputy clerk may not violate any provision of this section.

   (2) A clerk or deputy clerk who violates the provisions of this section is guilty of neglect of duty and on conviction is subject to removal from office.

HISTORY: An. Code 1957, art. 62, § 3A; 1984, ch. 296, § 2; 1985, ch. 478, § 1; 1986, chs. 80, 862; 1987, ch. 180; 1996, ch. 10, § 1; 1997, ch. 347; 1998, ch. 275; 2004, ch. 25, § 6; ch. 199; 2006, ch. 582; 2012, ch. 432.