Electronic Recording, Coming to a County Near You


Following years of OBL advocacy, legislation to allow for electronic recording passed the legislature. Patience really does pay off. Senate Bill 94 requires counties to adopt electronic recording, scan past documents back to 1980, and provides funding and grants to assist in doing so. This will take electronic recording, title searches, and more from only a few counties, especially urban counties, and make it available across the state and in rural areas as well. It also provides funding to make it a reality. Critically, this will level the playing field across the state and ensure

Additionally, two cleanup measures brought to light by OBL members also passed the legislature in Senate Bill 94. The first requires lienholders be notified when a vehicle is towed and stored by a public entity, including county sheriffs, the same as when it is towed by a private entity. Previously, the statute required notification of the owner or the lienholder and in many cases, lienholders were never notified that a vehicle hand been towed and was being stored. This led to significant costs when the lienholder would have taken possession of the vehicle. A second cleanup measure addresses an issue related to recodification efforts and seeks to clarify the amendment process for boards of Ohio corporations, including state banks. Essentially it expands the list of reasons a stock state bank can amend its articles of incorporation to include any reason permitted under Ohio Corporation Law. This bill is now awaiting the Governor’s signature.

An analysis of the complete bill can be found HERE with the provisions regarding electronic recording beginning on page 19, the provision regarding towing on page 26, and the provision regarding state stock banks on page 24. Copies of OBL’s testimony on the bill can be found HERE.