Stricken language would be deleted from and underlined language would be added to present law. Act 752 of the Regular Session *TNL285* 04-07-2025 15:07:34 TNL285 State of Arkansas As Engrossed: S3/17/25 S3/19/25 S4/7/25 1 95th General Assembly A Bill 2 Regular Session, 2025 SENATE BILL 406 3 4 By: Senator A. Clark 5 By: Representative Warren 6 7 For An Act To Be Entitled 8 AN ACT CONCERNING INSTRUMENTS AFFECTING TITLE TO 9 PROPERTY; TO REQUIRE A COUNTY RECORDER TO VERIFY 10 CERTAIN INFORMATION BEFORE RECORDING A DEED TO REAL 11 ESTATE; AND FOR OTHER PURPOSES. 12 13 14 Subtitle 15 TO REQUIRE A COUNTY RECORDER TO VERIFY 16 CERTAIN INFORMATION BEFORE RECORDING A 17 DEED TO REAL ESTATE. 18 19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 21 SECTION 1. Arkansas Code § 14 -15-403, concerning instruments affecting 22 title to property, is amended to add an additional subsection to read as 23 follows: 24 (f)(1)(A)(i) A deed to real estate presented to a recorder for 25 recording either in person or by mail shall not be received for record or 26 filing by the recorder unless the grantor named in the deed to real estate or 27 an individual signing the deed on behalf of the grantor named in the deed to 28 real estate appears in person at the office of the recorder and presents a 29 valid photo identification card or driver's license. 30 (ii) If a deed to real estate is presented to a 31 recorder for recording by mail, the grantor named in the deed to the real 32 estate shall include a photocopy of his or her valid photo identification or 33 driver's license with the deed to real estate submitted by mail. 34 (B) As used in subdivision (f)(1)(A) of this section, 35 "valid photo identification card or driver's license" means a photo 36 As Engrossed: S3/17/25 S3/19/25 S4/7/25 SB406 2 04-07-2025 15:07:34 TNL285 identification card or driver's license issued by a state agency or a United 1 States Government agency. 2 (C) A recorder shall record a copy of all valid photo 3 identification cards or driver's licenses presented under subdivision 4 (f)(1)(A) of this section by attaching the photocopies to the deed to real 5 estate being recorded in accordance with the requirements under § 21 -6-306. 6 (2) Subdivision (f)(1) of this section does not apply to a deed 7 to real estate that is presented to the recorder by: 8 (A) An attorney; 9 (B) A real estate broker or a real estate agent; 10 (C) A representative of a bank, mortgage company, or 11 lending institution; 12 (D) A title insurance agent, title insurance agency, or 13 person affiliated with a title insurance agency; 14 (E) The Commissioner of State Lands; 15 (F) An individual representing the state or a political 16 subdivision of the state; or 17 (G) The state, a municipality within the state, a county 18 within the state, or a political subdivision of the state. 19 (3) An unredacted copy of a valid photo identification card or 20 driver's license shall be filed by the recorder under seal. 21 22 /s/A. Clark 23 24 25 APPROVED: 4/17/25 26 27 28 29 30 31 32 33 34 35 36