BILL ANALYSIS AB 2026 Page 1 Date of Hearing: April 20, 2010 ASSEMBLY COMMITTEE ON HIGHER EDUCATION Marty Block, Chair AB 2026 (Arambula) - As Introduced: February 17, 2010 SUBJECT : Standardized testing: matricula consular: valid identification. SUMMARY : Requires a test sponsor to accept the Matricula Consular de Alta Seguridad (MCAS) issued by the government of Mexico through one of its consular offices within the last five years as a valid form of identification for purposes of admitting a test subject to take a standardized test. EXISTING LAW establishes various requirements and procedures for test sponsors to follow in administering standardized tests for admission to, or placement in, postsecondary educational institutions and programs; and subjects any test sponsor who violates the requirements or procedures of administering standardized tests to a civil penalty of up to $750 per violation. FISCAL EFFECT : Unknown. This bill has been keyed non-fiscal by Legislative Counsel. COMMENTS : Double-Referral : This bill has been double-referred to the Assembly Judiciary Committee. Purpose of this bill : Undocumented students attempting to take standardized tests to enter postsecondary education graduate programs find that they cannot meet the identification requirements of test sponsors. This bill would require test sponsors to accept the MCAS as a valid form of identification; thereby ensuring undocumented students who wish to pursue graduate school the opportunity to take the tests required for admittance into these programs. Current requirements : There are numerous test sponsors conducting testing services in California. Test subject identification requirements are established by test sponsors. Educational Testing Service (ETS), which administers the Graduate Record Examinations, requires test subjects testing outside of their country of citizenship to present a valid passport as primary identification. The Law School Admissions AB 2026 Page 2 Council (LSAC), which administers the Law School Admissions Test, requires a valid passport or government issued identification from test subjects. ETS and LSAC do not accept the MCAS as a valid form of identification. Background on MCAS : Mexican Consulates have legally issued matricula consular documents since 1871. Generally, the purpose of consular registration is to enable consular officers to provide protection and access to consular services, as well as to help relatives and Mexican authorities to locate their nationals abroad. In 2002, the Government of Mexico, through the Mexican Consulates in the United States (U.S.), began issuing the MCAS, a new high security consular identification. The MCAS includes an official Government of Mexico-issued ID number and bears a photograph and address of the Mexican National to whom it is issued. Additionally, the MCAS has various visible and hidden security features. Acceptance of MCAS as valid identification : The MCAS is recognized in California as valid identification for some local government purposes. In 2003, at least 12 counties, 25 cities, and dozens of police and sheriff's departments in California accepted the MCAS as a valid form of identification. Additionally, increasingly U.S. banking institutions are accepting the MCAS. According to data from the Mexican Consulate, as of July 2004, over 175 banks in the U.S. accepted the Matricula Consular as a form of identification. There is an ongoing debate regarding the reliability of the MCAS as a valid form of identification. In 2003, in testimony before the House of Representatives, the Assistant Director of the Office of Intelligence for the Federal Bureau of Investigation (FBI) indicated that the U.S. Government's research on the MCAS concluded that the MCAS is not a reliable form of identification, due to the non-existence of any means of verifying the true identity of the card holder. To address some of the security concerns, the author has provided materials that reflect the procedural safeguards and improved security features of the MCAS that the Mexican Consulate has implemented since 2002. As previously noted in this analysis, this bill is double referred to the Assembly Judiciary Committee; questions surrounding whether the MCAS is a reliable form of identification fall within the jurisdiction of that committee. Prior legislation : AB 99 (De Leon), Chapter 311, Statutes of AB 2026 Page 3 2009, added the MCAS to the specified list of documents that a secondhand dealer or coin dealer may use to verify the identification of an intended seller. AB 442 (Arambula) of 2009 would have added the MCAS to the list of documents for which a Notary Public may rely for purposes of identification in taking acknowledgement of an instrument regarding the transfer of title to property. AB 442 was vetoed by the Governor. AB 25 (Nunez) of 2003, which died on the Senate Inactive File, would have required state agencies to accept identification cards issued by foreign countries if the card meets specified requirements. AB 522 (Diaz) of 2003, which was vetoed by the Governor, would have required state agencies to accept identification cards issued by the Mexican Consulate Office. ACR 229 (Diaz), Res. Chapter 187, Statutes of 2002, urged city, county, and state agencies to accept matricula consular as an official form of identification SB 60 (Cedillo), Chapter 326, Stats. 2003, authorized the Department of Motor Vehicles to accept a birth certificate presented together with a matricula consular to establish proof of identity for a driver's license application. However, this provision was later repealed by 2003-2004 SB 1, 3rd Extraordinary Session. SB 1162 (Cedillo), of 2005-06, attempted to reenact provisions similar to those that were repealed in SB 60, but was vetoed. SB 804 (Polanco), of 2001-02, sought to allow a person applying for a California Driver's License to present a matricula consular for the purpose of establishing his or her identification. SB 804 was vetoed. REGISTERED SUPPORT / OPPOSITION : Support California State Student Association Hispanic Association of Colleges and Universities Opposition None on file Analysis Prepared by : Laura Metune / HIGHER ED. / (916) 319-3960