An act TO AMEND THE ARKANSAS TITLE INSURANCE ACT, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas      As Engrossed: H2/25/25 H3/4/25 H3/6/25

2 95th General Assembly             A Bill

3 Regular Session, 2025                                          HOUSE BILL 1367

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5 By: Representative Warren

6 By: Senator C. Penzo

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8                                  For An Act To Be Entitled

9      AN ACT TO AMEND THE ARKANSAS TITLE INSURANCE ACT; TO

10     REGULATE ACCESS TO PUBLIC RECORDS BY A TITLE AGENT

11     AND A TITLE COMPANY; AND FOR OTHER PURPOSES.

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14                                  Subtitle

15                       TO AMEND THE ARKANSAS TITLE INSURANCE

16                       ACT; AND TO REGULATE ACCESS TO PUBLIC

17                       RECORDS BY A TITLE AGENT AND A TITLE

18                       COMPANY.

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20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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22     SECTION 1. Arkansas Code � 23-103-417, concerning access to public

23 records under the Arkansas Title Insurance Act, is amended to add additional

24 subsections to read as follows:

25     (e)(1) If a city, county, or state government or government official

26 maintains, compiles, or keeps instruments of record affecting real property

27 in electronic format or as an electronic record as defined in � 14-14-111,

28 whether or not kept by the city, county, or state government or government

29 official directly or through a third-party provider, the city, county, or

30 state government or government official shall provide the instruments of

31 record affecting real property in their electronic format and in the time

32 required under subdivision (b)(1) of this section to

33 a:

34                       (A) Title insurance agent;

35                       (B) Title insurance agency; or

36                       (C) Person affiliated with a title insurance agency.

    *ANS187*                                                    03-06-2025 09:26:22 ANS187
    As Engrossed: H2/25/25 H3/4/25 H3/6/25                                HB1367

1   (2) An instrument of record affecting real estate that is

2 provided under subdivision (e)(1) of this section shall not bear any

3 watermark or other notation that does not appear on the original record.

4   (3) A reasonable fee not to exceed one hundred fifty dollars

5 ($150) per month may be charged for providing the instruments under

6 subdivision (e)(1) of this section.

7   (f) If a city, county, or state government or government official that

8 maintains, compiles, or keeps instruments of record affecting real property

9 does not maintain instruments in electronic format or as an electronic

10 record, then the city, county, or state government or government official

11 shall provide the instruments of record affecting real property in the form

12 of a mechanical reproduction in the time required under subdivision (b)(1) of

13 this section to a:

14  (1) Title insurance agent;

15  (2) Title insurance agency; or

16  (3) Person affiliated with a title insurance agency.

17                     /s/Warren

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