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F I S C A L I M P A C T R E P O R T

SPONSOR Duran

ORIGINAL DATE

LAST UPDATED

2/13/2007

HB

SHORT TITLE Multiple Languages for Certain documents

SB 339

ANALYST Schuss

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

Unknown Unknown Unknown Recurring General

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Regulation and Licensing Department (RLD)

Department of Finance and Administration (DFA)

State Commission of Public Records (SCPR)

SUMMARY

Synopsis of Bill

Senate Bill 339 requires that any document in a language other than English that is delivered to

the County Clerk to be recorded be translated into English and filed in both the original version

and the English translation.

FISCAL IMPLICATIONS

SCPR reports that there could conceivably be some future impact on operating costs should the

document and its translation be permanent records transferred to the State Archives. The agency

would then bear the costs of maintaining in perpetuity two documents rather than one. However,

it is not possible to estimate what that impact would be, although it likely would not be

significant, unless the preponderance of the documents were electronic (the long-term

preservation requirements for electronic records are currently under study and preservation costs,

which would include periodic migration, are unknown).

Senate Bill 339 – Page

2

DFA notes that the cost of translation is not assigned. Presumably, the cost of the translation

must be borne by the person filing the document or by each of the county general funds through

the clerk’s budget.

SIGNIFICANT ISSUES

According to SCPR, the assumption is that the person filing would be responsible for the

translation and its cost, although that is not completely clear. However, regardless of who is

responsible and who pays, there are other issues. Since both documents are to be filed and

recorded, are both then taken together as the official record. This would seem to be an issue the

courts would have to address or one that needs clarifying in the bill. Further, some validation of

the accuracy of the translation would seem necessary, particularly if it is, or becomes part of the

official record. Who will be responsible for certifying the accuracy of the translation and who

will pay for that certification.

According to DFA, this issue perplexes many of their county clerks. For example, Robyn Silva,

Otero County Clerk, annually receives a number of documents that are in a foreign language.

These documents must be filed and recorded. Not infrequently, Ms. Silva’s staff does not know

what type of document it is or where to file the document. They usually file the document in a

miscellaneous file. Once this is done there is no way for them to track the information because

no one can translate the information.

Ms. Silva contacted the County’s Attorney and advised him of the situation and his original

assessment was not to file or record the document. However, a customer insisted that they prove

by law that the County Clerk did not have to file and record the document. The County’s

Attorney informed the County Clerk’s Office that there was no statute that allowed them to do

this and they would have to file and record the documents.

Currently, there is no statute that requires documents to be submitted in English. SB-339 allows

county clerks to implement a policy regarding documents in a language other than English.

PERFORMANCE IMPLICATIONS

DFA notes that while this bill would solve one problem, it might create another. The bill does

not require the person who submits the document to bear the cost of translation, only that the

document be translated.

OTHER SUBSTANTIVE ISSUES

DFA adds that Language in the Occupational and Professional Licensing (Section 16.2.3.12)

could be of some assistance:

"All documents in a foreign language must be accompanied by an accurate translation in

English. Each translation document shall bear the affidavit of the translator certifying that he or

she is competent in both the language of the document and the English language and that the

translation is a true and faithful translation of the foreign language original. Each translated

document shall also bear the affidavit of the applicant certifying that the translation is a true and

faithful translation of the original. Each affidavit shall be signed before a notary public.

Senate Bill 339 – Page

3

The translation of any document relevant to an applicant's application shall be at the expense of

the applicant."

QUESTIONS

Who is to bear the cost of the original document’s translation.

BS/nt