§ 14-15-401 — Duties generally

(a) (1) There shall be established in each county in this state an office to be styled the county recorder's office, which shall be kept at the seat of justice of each county. (2) (A) Unless otherwise provided by law, the county recorder is the circuit clerk of the county. (B) In a county that under law has assigned the duties of the county recorder to the county clerk, all Arkansas Code references to circuit clerk that concern recording functions shall mean the county clerk. (b) The county recorder: (1) Shall attend to the duties of the county recorder's office; (2) Shall provide and keep in the county recorder's office well-bound books in which the county recorder shall record in a fair and legible hand all instruments of writing authorized or required to be recorded in the manner provided; (3) (A) May implement electronic filing and searching provisions and procedures under the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq. (B) Unless a county recorder has implemented the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq., the transmission of an electronic document to the county recorder has no legal effect. (C) A person that seeks to record an electronic document is solely responsible for determining if a county recorder has implemented the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq.; and (4) (A) May accept payment by an approved credit card or debit card of: (i) Recorder's fees under § 21-6-306 ; or (ii) Fees otherwise authorized under Arkansas law. (B) (i) The county may enter into contracts with credit card companies or debit card companies and pay those companies fees normally charged by those companies for allowing the county recorder to accept the companies' credit cards or debit cards in payment under this section. (ii) When a person seeks to pay recorder's fees by an approved credit card or debit card, the county recorder shall assess the payor a transaction fee equal to the amount charged to the county by the credit card or debit card company. (C) (i) A county may enroll for service with and accept payments from a third-party entity for the acceptance and collection of recorder's fees and associated costs with an approved credit card or debit card for which the third-party entity may charge the payor a transaction fee. (ii) The State of Arkansas and political subdivisions shall not charge a transaction fee for electronic payments of a recorder's fee paid through a third-party entity.

Legislative History

Amended by Act 2021, No. 258,§ 1, eff. 7/28/2021. Rev. Stat., ch. 124, § 1; C. & M. Dig., §§ 8616, 8617; Pope's Dig., §§ 11208, 11209; A.S.A. 1947, § 12-1001; Acts 2007, No. 734, § 2; 2009, No. 160, § 1.