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Senate committee advances SB406 to tighten deed recording identification after amendment
Summary
Senate Bill 406, sponsored by Senator Clark, passed the committee as amended to require identification at deed recording be kept under seal and to clarify which representatives qualify as a recorded grantor; committee adopted the amendment and voted to pass the bill by voice vote.
Senator Clark’s proposal to deter deed-recording impersonation, Senate Bill 406, cleared the committee as amended after discussion and public comment.
The bill aims to make it easier for clerks and law enforcement to trace fraudulent filings by requiring the person presenting a deed to provide identification that the circuit clerk retains under seal rather than placing the identification in the recorded deed. The committee adopted an amendment clarifying who counts as the recorded “grantor” (for example, trustees of a trust, a member of an LLC, a corporate president or an attorney-in-fact) and exempting certain state actors and political subdivisions from the identification requirement.
The change to keep driver’s licenses out of the public file was presented as a privacy protection. Senator Clark said the amendment removes the requirement that a copy of a driver’s license be recorded and instead directs that the circuit clerk maintain that identification under seal so a photograph or other personal data will not appear in the public record.
Micah Bono Sample, identified in committee as a circuit clerk and representing the Circuit Clerk Association, described the bill as “a beginning to actually help our citizens from the property fraud,” saying the measure would deter impersonation and give clerks a starting point for investigations. Kyle Sylvester, Washington County circuit clerk and legislative chair for the Arkansas Circuit Clerk Association, told the committee the bill “will give us a head start on trying to identify those bad actors” by requiring identification that can be used if a recorded instrument later turns out to be fraudulent.
Paul Hayes, a citizen who testified at length, urged stronger protections than the amended bill provides. Hayes said the original proposal (previously filed as SB69) would have allowed property owners to place a freeze on title transfers and pay a fee for added protection. “Anybody who can forge title documents can forge driver’s licenses,” Hayes said, arguing that simply retaining a copy of an ID in a sealed file does not fully prevent theft.
Committee members discussed the tradeoffs between stronger, owner-initiated freezes and the incremental protections in SB406 as amended. Senator Clark and other supporters characterized the amended bill as a practical first step that improves title security while stakeholders continue work on further protections and software pilots in some counties.
The committee adopted the amendment by voice vote and then voted to pass SB406 as amended by voice vote. No roll-call tally was recorded in the transcript; the actions were taken by voice vote in committee.
