BILL NUMBER: AB 810	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 17, 2011

   An act to amend Section 27293 of, and to repeal Section 26806 of,
the Government Code, relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 810, as introduced, Wagner. Local government: counties:
translators.
   (1) Existing law authorizes the clerk of the court, in counties
with a population of 900,000 or more, to employ as many foreign
language interpreters as are necessary to interpret in criminal and
juvenile cases, and to translate documents intended for filing in any
civil or criminal action or proceeding or for recordation in the
county recorder's office, as specified.
   This bill would repeal these provisions.
   (2) Existing law prohibits a county recorder from accepting an
instrument for record that is in whole or in part a language other
than English. Existing law authorizes the recorder to accept a
translation in English of an instrument executed or certified in
whole or in part in a language other than English if the instrument
is accompanied by a verification that the translation was performed
by a certified or registered court interpreter or an accredited
translator, as specified.
   This bill would instead require that the instrument be accompanied
by a verification that the translation was performed by an
accredited translator.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 26806 of the Government Code is repealed.

   26806.  (a) In counties having a population of 900,000 or over,
the clerk of the court may employ as many foreign language
interpreters as may be necessary to interpret in criminal cases in
the superior court, and in the juvenile court within the county and
to translate documents intended for filing in any civil or criminal
action or proceeding or for recordation in the county recorder's
office.
   (b) The clerk of the superior court, shall, when interpreters are
needed, assign the interpreters so employed to interpret in criminal
and juvenile cases in the superior court. When their services are
needed, the clerk shall also assign interpreters so employed to
interpret in criminal cases in municipal courts.
   (c) The clerk of the court may also assign the interpreters so
employed to interpret in civil cases in superior and municipal courts
when their services are not required in criminal or juvenile cases
and when so assigned, they shall collect from the litigants the fee
fixed by the court and shall deposit the same in the county treasury.

   (d) The interpreters so employed shall, when assigned to do so by
the clerk of the court, translate documents to be recorded or to be
filed in any civil or criminal action or proceeding. The fee to be
collected for translating each such document shall be three dollars
($3) per folio for the first folio or part thereof, and two cents
($0.02) for each word thereafter. For preparing a carbon copy of such
translation made at the time of preparing the original, the fee
shall be twelve cents ($0.12) per folio or any part thereof. All such
fees shall be deposited in the county treasury. 
  SEC. 2.  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 a 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 a 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, 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 an Internet 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   a  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 a 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).