BILL NUMBER: AB 349 CHAPTERED 09/26/07 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.