Ark. Code Ann. § 21-6-203 (2026)
Commissioner of State Lands — Definition
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The Commissioner of State Lands may by rule:
- Establish a schedule of rates, fees, and charges for the deeds produced and filed or services performed in carrying out the established duties and authority of the office of the Commissioner of State Lands; and
- Revise the rates, fees, and charges to ensure that the revenues from the rates, fees, and charges together with other available funds shall be sufficient to cover the costs of the various deeds produced or filed and services performed in carrying out the established duties and authority of the office of the Commissioner of State Lands.
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- A fee under this section shall not be established in an amount that exceeds the costs expended by the Commissioner of State Lands in producing or filing deeds or performing services.
- As used in subdivision (b)(1) of this section, “costs” means the actual costs expended by the Commissioner of State Lands plus three percent (3%) of the actual costs expended by the Commissioner of State Lands.
- All rates, fees, and charges collected by the Commissioner of State Lands shall be deposited into a financial institution in the state.
History. Acts 1883, No. 117, §§ 1, 2, p. 295; C. & M. Dig., § 4570; Pope's Dig., § 5654; Acts 1983, No. 886, §§ 1, 3; 1985, No. 318, § 1; A.S.A. 1947, §§ 10-114, 10-115, 12-1704, 12-1705; Acts 2001, No. 423, § 1; 2019, No. 673, § 1.
Amendments. The 2001 amendment substituted “office of the Commissioner of State Lands” for “Office of the State Land Commissioner” in (a)(10); in (b), substituted “The commissioner shall” for “The Commissioner shall,” substituted “collection fee of twenty-five ($25.00) dollars” for “twenty-five dollar ($25.00) collection fee,” deleted “which has been transferred to the Commissioner of State Lands” following “delinquent land,” and inserted the present language following “delinquent land”; substituted “commissioner” for “Commissioner of State Lands” in (c), (d), and (e); substituted “a fee” for “into the State Treasury the sum” in (c) and (d); and substituted “a financial institution in the state” for “the State Treasury to the credit of the Constitutional Officers Fund” in (e).
The 2019 amendment rewrote the section.
Subchapter 3 — County Officers
Effective Dates. Acts 1875, No. 77, § 53: effective on passage.
Acts 1875 (Adj. Sess.), No. 58, § 15: effective on passage.
Acts 1883, No. 114, § 226: effective on passage.
Acts 1885, No. 97, § 2: effective on passage.
Acts 1885, No. 98, § 3: effective on passage.
Acts 1899, No. 190, § 2: effective on passage.
Acts 1903, No. 32, § 2: effective on passage.
Acts 1921, No. 224, § 3: approved Mar. 3, 1921. Emergency clause provided: “This act being necessary for the immediate preservation of the public peace, health and safety, an emergency is hereby declared, and this act shall take effect and be in full force from and after its passage.”
Acts 1923, No. 142, § 3: effective on passage.
Acts 1929, No. 95, § 2: effective on passage.
Acts 1941, No. 78, § 2: approved Feb. 20, 1941. Emergency clause provided: “Whereas, the uncertainty of the law governing county treasurers' fees in this State is causing great confusion in our county governments and is endangering the public peace and safety, an emergency is therefore declared and this act shall take effect and be in force from and after its passage.”
Acts 1941, No. 120, § 2: approved Mar. 6, 1941. Emergency clause provided: “It is hereby determined that on account of reduced assessed valuation and other reasons, additional compensation to collectors is necessary for proper enforcement of the law and collection of taxes; therefore an emergency exists and this act being necessary for the public peace, health and safety shall be in force and effect from and after its passage.”
Acts 1943, No. 31, § 3: approved Feb. 10, 1943. Emergency clause provided: “It is hereby determined that on account of reduced assessed valuation and other reasons, additional compensation to collectors is necessary for proper enforcement of the law and collection of taxes, therefore, an emergency exists and this act being necessary for the public peace, health and safety shall be in force and effect from and after its passage.”
Acts 1945, No. 55, § 3: Feb. 16, 1945. Emergency clause provided: “All laws and parts of laws in conflict herewith are hereby repealed, and because of the confusion and uncertainty existing in the various counties throughout the State under the present laws relative to the legal fees entitled to be charged by the Circuit and Chancery Clerks and Recorders in this State for the services they render, an emergency is hereby declared to exist and this act shall take effect and be in force from and after its passage and approval.”
Acts 1945, No. 271, § 3: effective on passage.
Acts 1947, No. 201, § 3: Mar. 7, 1947. Emergency clause provided: “Whereas, the present fees now being paid to county surveyors are inadequate:
“Now, Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health, and safety, shall take effect and be in full force from and after its passage and approval.”
Acts 1947, No. 221, § 4: Mar. 18, 1947. Emergency clause provided: “Whereas, the fees now being paid to justices of the peace and constables of this State are totally inadequate to compensate them for the services rendered; now, therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety, shall take effect and be in full force from and after its passage and approval.”
Acts 1949, No. 348, § 3: approved Mar. 21, 1949. Emergency clause provided: “It is hereby ascertained that the commissions payable to the Collector are inadequate due to the increased cost of living and that a great hardship is being imposed; it being further ascertained that adequate compensation is necessary for the carrying on of county government and this Act being necessary for the preservation of the public peace, health and safety of the inhabitants of the State of Arkansas, an emergency is hereby declared to exist and this Act shall be in full force and effect from and after its passage.”
Acts 1963, No. 124, § 2: Feb. 28, 1963. Emergency clause provided: “It is hereby found and determined by the General Assembly that the fee presently provided for recorders for recording, indexing and cross-indexing instruments of writing is not adequate to compensate such recorders and in fact is working a severe hardship on the recorders in the various counties and that this act is immediately necessary to correct the situation. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.”
Acts 1973, No. 141, § 2: Jan. 1, 1974.
Acts 1975, No. 127, § 7: Feb. 7, 1975. Emergency clause provided: “It has been found and determined by the General Assembly that the adoption of Amendment No. 55 to the Constitution requires legislation to implement immediately Section 5 of said Amendment; that standards for the payment of compensation of county officers and employees are required; and that requirements for receipt and deposit of fees, fines, and penalties consistent with said Amendment are required. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”
Acts 1977, No. 333, § 6: Mar. 1, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that the establishment of uniform advance fees to be charged for causes of action by the clerks in the various circuit and chancery courts of this State is necessary to provide for the efficient operation of said offices and to minimize the necessity of maintaining separate accounts for various fees; that the fees charged by county recorders are not now adequate to reimburse the county for the service of recording instruments, and that the immediate passage of this Act is necessary to promote the efficient administration of justice in this State and to enable counties to recover reasonable fees for services rendered by recorders. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1977, No. 399, § 3: approved Mar. 10, 1977. Emergency clause provided: “Whereas, the operations of industries and inflationary activities have caused a great increase in wages and a great influx into this State, which has resulted in a congestion of population in many areas, which congestion has brought about more lawlessness and has necessitated a great deal of additional expense and work by the several Sheriffs of this State, an emergency is hereby declared to exist and this Act, being necessary for the immediate preservation of the public peace, health, and safety, the same shall take effect and be in full force and effect after its passage.”
Acts 1985, No. 558, § 4: Mar. 25, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law is not clear with regard to the right of a county treasurer to receive a commission on public school funds handled by him for a district which is not administered in his county; that in some counties of the State both the county treasurer in which school funds are collected and the county treasurer of the county in which the district is administered are taking a full commission on such school funds; that the county treasurer of the county in which funds are collected but in which the school district is not administered actually performs very little service to the district; that to allow treasurers of two counties to take a commission on any particular public school funds places an unfair burden on such funds and on the districts for which such funds are collected; that it is the purpose and intent of this Act to clarify the law to assure that in the case of a school district located in two or more counties, only the county treasurer of the county in which the district is administered is entitled to a commission on the funds of such district and that this Act should be given effect at the earliest possible date to avoid this inequity. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”
Acts 1989, No. 304, § 6: Mar. 2, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that the fees currently prescribed by law to be charged by notaries for their services are outdated and are not sufficient to compensate notaries public for their services; that the current laws relating to notaries public do not require applicants for a notary commission to post a bond to assure that they perform their duties as a notary in accordance with law; that this act is designed to increase fees for notary services and to require notaries to file a bond at the time of making application for a notary commission and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1989, No. 534, § 10: Mar. 14, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that the fees currently charged for filing and recording instruments for initiation of actions in the circuit and chancery courts and for other official functions of the circuit and chancery courts are inadequate and should be increased immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1999, No. 108, § 5: Feb. 17, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that there is a lack of modern computerized accounting equipment and software in county treasurers' offices across the state. It is further determined by the Arkansas General Assembly that this lack of automation could impede the smooth operation of county finances in those counties without such equipment and software. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”
Acts 2001, No. 1215, § 2: March 30, 2001. Emergency clause provided: “It is found and determined by the General Assembly that due to the passage of Amendment 79 to the Constitution of Arkansas it is vital that the county collectors have the means to establish an automation system to ensure efficient and accurate records are kept by the county collector. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”
Acts 2001, No. 1275, § 4: Apr. 4, 2001. Emergency clause provided: “It is found and determined by the General Assembly that property tax reimbursements to the counties will most likely begin in April and it is critical to the counties to account for costs borne by the certification of amounts of real property tax reduction to the Chief Fiscal Officer of the State as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”
Acts 2015, No. 741, § 6: Jan. 1, 2016.