BILL NUMBER: AB 349 CHAPTERED
BILL TEXT
CHAPTER 231
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2007
APPROVED BY GOVERNOR SEPTEMBER 26, 2007
PASSED THE SENATE SEPTEMBER 4, 2007
PASSED THE ASSEMBLY SEPTEMBER 5, 2007
AMENDED IN SENATE JULY 3, 2007
AMENDED IN SENATE JUNE 14, 2007
AMENDED IN ASSEMBLY APRIL 23, 2007
AMENDED IN ASSEMBLY APRIL 11, 2007
INTRODUCED BY Assembly Member Salas
FEBRUARY 14, 2007
An act to amend Section 27293 of the Government Code, relating to
recorded instruments.
LEGISLATIVE COUNSEL'S DIGEST
AB 349, Salas. Recorded instruments: translation certificates.
Existing law prohibits the county recorder from accepting for
record an instrument executed or certified in whole or in part in any
language other than English without the translation certification of
the county clerk. Existing law requires the county clerk to verify
that the translation in English of the instrument is a true
translation, and to certify that fact under seal of the county. The
clerk may charge a fee of $1.50 for these services.
This bill, instead, would provide that a translation in English of
an instrument executed or certified in whole or in part in any
language other than English may be presented to the county clerk for
verification that the translation was performed by a certified or
registered court interpreter, as specified, or by an accredited
translator registered with the American Translators Association. Upon
verification that the translation was performed by a qualified
interpreter or translator, and that the translation is accompanied by
a notarized declaration by the interpreter or translator that the
translation is true and accurate, the bill would require the clerk to
certify that verification under seal of the county. The bill would
authorize the clerk to charge a fee of $10 for verification and
certification of each document. By imposing new duties on county
clerks, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27293 of the Government Code is amended to
read:
27293. (a) (1) Except as otherwise provided in subdivision (b),
if an instrument intended for record is executed or certified in
whole or in part in any language other than English, the recorder
shall not accept the instrument for record.
(2) (A) A translation in English of an instrument executed or
certified in whole or in part in any language other than English may
be presented to the county clerk for verification that the
translation was performed by a certified or registered court
interpreter, as described in Section 68561 of the Government Code, or
by an accredited translator registered with the American Translators
Association. The translation shall be accompanied by a notarized
declaration by the interpreter or translator that the translation is
true and accurate, and includes the certification, qualification, or
registration of the interpreter or translator. The clerk shall
consult a Web site maintained by the Judicial Council or the American
Translators Association in verifying the certification,
qualification, or registration of the interpreter or translator.
(B) Upon verification that the translation was performed by an
interpreter or translator described in subparagraph (A), and that the
translation is accompanied by a notarized declaration as required
pursuant to subparagraph (A), the clerk shall duly make certification
of that verification under seal of the county, attach the
certification to the translation, and attach the certified
translation to the original instrument.
(C) For this verification and certification, a fee of ten dollars
($10) shall be paid to the county clerk for each document submitted
for certification. The attached original instrument and certified
translation may be presented to the recorder, and upon payment of the
usual fees, the recorder shall accept and permanently file the
instrument and record the certified translation. The recording of the
certified translation gives notice and is of the same effect as the
recording of an original instrument. Certified copies of the recorded
translation may be recorded in other counties, with the same effect
as the recording of the original translation; provided, however, that
in those counties where a photostatic or photographic method of
recording is employed, the whole instrument, including the foreign
language and the translation may be recorded, and the original
instrument returned to the party leaving it for record or upon his or
her order.
(b) The provisions of subdivision (a) do not apply to any
instrument offered for record that contains provisions in English and
a translation of the English provisions in any language other than
English, provided that the English provisions and the translation
thereof are specifically set forth in state or federal law.
(c) The county clerk is not required to issue a translation
certificate if he or she is unable to confirm the certification,
registration, or accreditation of the translator, as required in
subdivision (a).
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.