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Arkansas Code Annotated 9-11-203

Issuance by clerks.

(a) The clerks of the county courts of the several counties in this state are required to furnish the license upon: (1) Application's being made; (2) Being fully assured that applicants are lawfully entitled to the license; and (3) Receipt of his or her fee. (b) It shall be lawful for clerks of the circuit courts to issue marriage licenses in counties having two (2) judicial districts. (c) (1) In addition to the standard certificate of marriage issued under subsection (a) of this section, the county clerk shall offer and, upon payment of a fee established by rule promulgated by the Department of Human Services, issue an heirloom certificate of marriage. (2) (A) The department shall adopt rules for the design of the heirloom certificate and shall print and distribute the certificates to each county clerk in this state. (B) (i) The department shall set the amount of the fee for the heirloom certificates to exceed the estimated actual costs for the development and distribution of the certificates but not to exceed the estimated fair market value of a comparable artistic rendition. (ii) The fee is in addition to any other fee established by law for the issuance of a certificate of marriage. (iii) The additional fees from the sale of heirloom certificates shall be transmitted monthly by the county clerk to the Treasurer of State for deposit into the State Treasury to the credit of the Children's Trust Fund. (3) (A) The heirloom certificate shall be in a form consistent with the need to protect the integrity of vital records and suitable for display. (B) It may bear the seal of the state and may be signed by the Governor. (4) An heirloom certificate of marriage issued under this subsection has the same status as evidence as the standard certificate of marriage issued under subsection (a) of this section. (5) Heirloom certificates of marriage may be issued for any marriage certificate issued at any time in this state, whether before or after August 13, 2001. (d) It is not a requirement that a marriage license be signed by a county clerk for the license to be effective.

(Acts 1875, No. 127, § 2, p. 260; 1901, No. 123, § 1, p. 194; C. & M. Dig., §§ 7058, 7059; Pope's Dig., §§ 9040, 9041; A.S.A. 1947, §§ 55-202, 55-203; Acts 2001, No. 968, § 1; 2015, No. 1127, § 2; 2017, No. 897, § 2.)


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