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
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          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
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          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