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Bill

Bill

HB 1902

RELATING TO EMERGENCY MANAGEMENT.

2024 Regular Session Introduced by Micah Aiu and 28 co-sponsors

HB 1902 simplifies obtaining replacement marriage certificates in Arkansas, cutting fees to $10 and easing processes for individuals and heirs after loss or destruction.

Act 206, on 07/05/2024 (Gov. Msg. No. 1307).
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Bill Summary · HB 1902

Summary of House Bill 1902 (HB 1902)

Overview

House Bill 1902 (HB 1902) is a legislative measure introduced in the State of Arkansas aimed at amending existing laws related to marriage certificates and the procedures for obtaining replacements in cases where certificates are lost, burned, or destroyed. The bill was introduced on March 31, 2025, and was enacted as Act 206 on July 5, 2024.

Purpose and Intent

The primary purpose of HB 1902 is to streamline the process for individuals seeking replacement marriage certificates and to clarify the legal implications surrounding marriage licenses and bonds. The bill aims to ensure that individuals can easily obtain new certificates when the originals are unavailable, thereby facilitating legal and administrative processes related to marriage.

Key Provisions

The bill includes several significant amendments and provisions:

  1. Return of Marriage License:

    • Individuals must return their marriage license to the county clerk within 60 days of issuance.
    • If the license is duly executed and returned on time, the associated bond becomes null and void.
  2. Replacement of Lost or Destroyed Certificates:

    • If a marriage certificate is lost, burned, or destroyed, the following procedures apply:
      • Both Parties Living: A notarized affidavit signed by both parties can be submitted to request a new certificate.
      • One Party Deceased or Incapacitated: The living party can submit a notarized affidavit to request a new certificate.
      • Both Parties Deceased or Incapacitated: Heirs can request a new certificate by submitting a notarized affidavit along with a death certificate of at least one party.
  3. Fees:

    • The fee for filing an affidavit and obtaining a new certificate is set at $10.
    • The requirement for a $100 bond under previous law is waived if a replacement certificate is requested.
  4. Recording of New Certificates:

    • New certificates will relate back to the date of the original marriage solemnization and will have full legal effect.
  5. Repeal of Previous Law:

    • The bill repeals Arkansas Code § 16-119-107, which previously outlined the restoration of marriage records.

Impact

HB 1902 affects individuals who have been married in Arkansas and may need to replace their marriage certificates. It simplifies the process for obtaining replacements, reduces associated costs, and clarifies the legal standing of marriage certificates in the event of loss or destruction. The bill is expected to benefit both residents and county clerks by reducing administrative burdens and facilitating smoother legal processes.

Timeline and Legislative Actions

  • Introduced: March 31, 2025
  • Passed: Various readings and approvals occurred throughout April and May 2025, culminating in the bill being transmitted to the Governor.
  • Enacted: Became Act 206 on July 5, 2024.

Conclusion

House Bill 1902 represents a significant update to Arkansas's marriage certificate laws, enhancing accessibility and clarity for individuals needing replacement certificates. By establishing straightforward procedures and reducing costs, the bill aims to support residents in managing their marital documentation effectively.

Compiled from official sources — confirm details with the bill’s official record.

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