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California - AB 2026 - Standardized testing: matricula consular: valid identification
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Policy Process

Introduced
SENATE PASSED
HOUSE PASSED
SIGNED BY GOVERNOR

1/22/2009
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Policy Becomes Law


  • Policy Overview
  • An act to add Section 99155 to the Education Code, relating to postsecondary education.

    BILL NUMBER: AB 2026	INTRODUCED
    BILL TEXT
    INTRODUCED BY Assembly Member Arambula

    FEBRUARY 17, 2010

    An act to add Section 99155 to the Education Code, relating to
    postsecondary education.
    LEGISLATIVE COUNSEL`S DIGEST
    AB 2026, as introduced, Arambula. Standardized testing: matricula
    consular: valid identification.
    Existing law imposes various requirements on a test sponsor or
    test agency, as defined, with respect to the administration of
    standardized tests for purposes of postsecondary education.
    Existing law provides that a test sponsor that intentionally
    violates these provisions is liable for a civil penalty not to exceed
    $750 for each violation.
    This bill would require a test sponsor to accept a Matricula
    Consular de Alta Seguridad issued within the last 5 years as a valid
    form of identification for purposes of admitting a test subject to
    take a standardized test administered by the sponsor. A violation of
    this requirement would subject a test sponsor to the above civil
    penalty.
    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 99155 is added to the Education Code, to read:
    99155. A test sponsor shall accept the Matricula Consular de Alta
    Seguridad (Consular Matriculation of High Security) 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 administered by
    the sponsor.
  • Summary/Fact Sheet Title
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  • View Full Policy
  • BILL NUMBER: AB 2026 INTRODUCED
    BILL TEXT
    INTRODUCED BY Assembly Member Arambula

    FEBRUARY 17, 2010

    An act to add Section 99155 to the Education Code, relating to
    postsecondary education.
    LEGISLATIVE COUNSEL`S DIGEST
    AB 2026, as introduced, Arambula. Standardized testing: matricula
    consular: valid identification.
    Existing law imposes various requirements on a test sponsor or
    test agency, as defined, with respect to the administration of
    standardized tests for purposes of postsecondary education.
    Existing law provides that a test sponsor that intentionally
    violates these provisions is liable for a civil penalty not to exceed
    $750 for each violation.
    This bill would require a test sponsor to accept a Matricula
    Consular de Alta Seguridad issued within the last 5 years as a valid
    form of identification for purposes of admitting a test subject to
    take a standardized test administered by the sponsor. A violation of
    this requirement would subject a test sponsor to the above civil
    penalty.
    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 99155 is added to the Education Code, to read:
    99155. A test sponsor shall accept the Matricula Consular de Alta
    Seguridad (Consular Matriculation of High Security) 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 administered by
    the sponsor.



  • View History
  •           

               COMPLETE BILL HISTORY

              

              BILL NUMBER : A.B. No. 2026

              Latest Vote

              AUTHOR : Arambula

              TOPIC : Standardized testing: matricula consular: valid identification.

              

              TYPE OF BILL :

               Active

  • View Analysis
  • 2010-04-16 00:00:00

    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


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