02/15/2024

Senate Bill 94

ENACTED: Effective July 24, 2024

Lead Sponsors: Senator Andrew Brenner and Senator Al Landis

Status: Passed the Senate 30-1 (May 8, 2024), Passed the House 81-14 (June 26, 2024), Senate concurred 30-1 (June 26, 2024), Signed by the Governor (July 24, 2024)

Description: The bill makes a number of changes on a variety of subjects. This section only discusses those relevant to counties. Refer to the documents on the bill's General Assembly page if you are curious about the other provisions.

The bill removes the requirement that funds for the computerization of common pleas court clerks' offices be authorized and disbursed by the court and instead permits the clerk's office itself to do so (the authorization reverts back to the court if the clerk is appointed to fill a vacancy). If the county appoints the clerk of court of common pleas, the county executive must authorize and disburse these funds.

The bill also requires that counties provide an election means of recording instruments and of access recorded instruments by June 30, 2026. The bill allocates $6 million to the State Treasurer to reimbursement counties for costs incurred to implement these provisions. 

County recorders are authorized to charge an additional document preservation surcharge of up to $5 which is deposited into the county general fund to be used for the digitization of documents and ongoing costs incurred to make available a web site to the public with appropriate security features and other capabilities. The bill also increases the recording fees for living wills, health care powers of attorney, and personal property instruments.

The bill provides more flexibility to counties (and other subdivisions) that are a party to a community reinvestment area (CRA) to claw back exempted taxes if the property owner does not comply with the provisions of the CRA.

CCAO Position: No position

Other Notes: The Ohio Recorders' Association provided proponent testimony (Senate; House).