Arkansas Circuit Clerks support bill to protect public records from third-party vendors

In a recent meeting of the House Insurance and Commerce Committee, lawmakers discussed a significant bill aimed at protecting public records managed by circuit clerks in Arkansas. The proposed legislation, known as HP 1367, seeks to reinforce the custodial role of circuit clerks and adapt existing laws to the digital age.

The issue at hand arises from the actions of out-of-state third-party vendors who have persuaded inexperienced circuit clerks to delegate their authority over public records. These vendors have been watermarking documents as their own and charging for access, which undermines the public nature of these records. The bill aims to prevent this practice by ensuring that circuit clerks maintain control over the documents they manage.

Kyle Sylvester, the Washington County Circuit Clerk and second vice president of the Arkansas Circuit Clerk Association, spoke in support of the bill. He emphasized the need for legislation to protect circuit clerks from being taken advantage of by these vendors, especially given that many new clerks have recently entered office. Sylvester highlighted the importance of training for clerks to understand their rights and responsibilities regarding public records.

Wes Lassane, representing the Arkansas Land Title Association, echoed these sentiments, noting that the bill is crucial for safeguarding real property records. He pointed out that while some electronic recording vendors operate ethically, there is a risk that others may exploit the inexperience of new clerks.

The committee's discussions reflect a growing concern about the integrity of public records in an increasingly digital world. By updating the statute to include provisions for electronic access, lawmakers aim to ensure that the public can access these important documents without interference from profit-driven entities.

As the committee continues to deliberate on this bill, the outcomes could have lasting implications for how public records are managed and accessed in Arkansas, ultimately reinforcing the community's trust in its local government.