BILL ANALYSIS                                                                                                                                                                                                    





                                                                  AB 2026

                                                                  Page  1


          GOVERNOR'S VETO
          AB 2026 (Arambula)
          As Amended  May 11, 2010
          2/3 vote


           HIGHER EDUCATION    7-1         JUDICIARY           7-2         

           
           ----------------------------------------------------------------- 
          |Ayes:|Block, Adams, Chesbro,    |Ayes:|Feuer, Brownley, Evans,   |
          |     |Fong, Galgiani,           |     |Jones, Monning, Nava,     |
          |     |Portantino, Ruskin        |     |Skinner                   |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Fuller                    |Nays:|Hagman, Knight            |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 

           ----------------------------------------------------------------- 
          |ASSEMBLY:  |47-27|(May 13, 2010)  |SENATE: |22-11|(June 28,      |
          |           |     |                |        |     |2010)          |
          |           |     |                |        |     |               |
           ----------------------------------------------------------------- 

           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 and  
          provides that no other identification shall be required for  
          persons who present a valid Matricula Consular.  

           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.
               










                                                                  AB 2026

                                                                  Page  2


           FISCAL EFFECT  :  Unknown.  This bill has been keyed non-fiscal by  
          Legislative Counsel.

           COMMENTS  :  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  
          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  










                                                                  AB 2026

                                                                  Page  3


          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. 

           GOVERNOR'S VETO MESSAGE  :

          "Current law already allows individual entities, such as a test  
          sponsor specified in this bill, to accept the Matricula Consular  
          de Alta Seguridad as a valid form of identification.  The State  
          should not have to require any entity to accept it.  Testing  
          sponsors should have the freedom to decide whether the Matricula  
          Consular de Alta Seguridad is a valid form of identification for  
          its purposes."


           
           


           Analysis Prepared by:     Laura Metune / HIGHER ED. / (916)  
          319-3960 

                                                                FN: 0005286