Committee hears bill to bar third‑party watermarking of circuit‑clerk records; bill held for later vote

Representative Nathan Warren presented House Bill 13‑67 to the Arkansas House Committee on Insurance & Commerce, saying the measure would reinforce the circuit clerk’s custodial role over public records and update statute language for electronic records. The bill would prohibit out‑of‑state third‑party vendors from watermarking court or real‑property documents and charging for access to material that the transcript describes as public records.

The bill’s sponsors and supporters told the committee that some electronic‑record vendors had been adding watermarks to documents and offering access for a fee, and that a number of recently elected, less experienced circuit clerks had entered vendor arrangements that led to those outcomes. Kyle Sylvester, Washington County circuit clerk and second vice president of the Arkansas Circuit Clerk Association, and Wes Lassane, representing the Arkansas Land Title Association, testified the proposed language would bring the statute “into the electronic age” and discourage vendors from watermarking public records for profit.

Supporters said training has been offered to clerks and vendors to discourage watermarking, but that legislation is necessary as a backstop. During questioning Representative Lundstrom asked about a referenced fee; witnesses said title companies that rely on electronic downloads would be charged up to $150 per month for downloads under current vendor agreements. Representative Wooten asked whether these are public records; witnesses replied they are public records and that the bill’s purpose is to prevent vendors from monetizing access. Representative Lademan objected to taking the bill off a deferred calendar when potential opponents might not have notice; the sponsor said there was no known opposition but agreed to proceed with the bill’s presentation and that the committee would likely vote at a later date.

After discussion, the committee did not vote on HB 13‑67. The chair said the bill would be held to the next meeting so the sponsor could finish the presentation and any additional witnesses could appear.

Why it matters: The bill would clarify custody and access rules for circuit clerks’ records in electronic form and seeks to prevent private vendors from restricting or charging for access to public records.

Next steps: The committee held HB 13‑67 for further consideration at a subsequent meeting and did not adopt final action during this session.