California 2009-2010 Regular Session Status: To Executive

AB 1889 — Private postsecondary education: California Private Postsecondary Education Act of 2009.

Last action — Vetoed by Governor.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law establishes the California Private Postsecondary Education Act of 2009, which, among other things, provides for student protections and regulatory oversight of private postsecondary schools in the state. Existing law establishes the Bureau for Private Postsecondary Education to regulate private postsecondary institutions through the powers granted, and the duties imposed, by the act. This bill would prohibit the bureau, for the period of July 1, 2010, to July 1, 2011, inclusive, from enforcing the act against institutions certified to offer educational programs in flight instruction and aircraft maintenance by the Federal Aviation Administration. The bill would also require those institutions to notify the bureau if they operate during that time period. (2) The act prohibits institutions, as defined, from performing various actions. This bill would prohibit an institution from offering an unaccredited doctoral degree program without disclosing to prospective students that the degree program is unaccredited, and any known limitation of the unaccredited degree, including, but not limited to, whether the degree is recognized for licensure or certification in other states. (3) The act prohibits an ability-to-benefit student, defined as a student who does not have a certificate of graduation from a school providing secondary education, or a recognized equivalent of that certificate, from enrolling in an institution unless the student achieves a specified score on an independently administered examination from a specified list of examinations prescribed by the United States Department of Education that demonstrates that the student may benefit from the education and training being offered. This bill would authorize the Bureau for Private Postsecondary Education to publish its own list of acceptable examinations if the United States Department of Education does not have a list of relevant examinations that pertain to the intended occupational training. (4) The act requires specified private postsecondary institutions to refund 100% of the amount paid for institutional charges, less specified expenses, if notice of cancellation is made through attendance at the first class session, or the 7th class day after enrollment, whichever is later. This bill would change the 2nd deadline for notice of cancellation from the 7th class day after enrollment, to the 7th day after enrollment. (5) Existing law defines "graduates employed in the field," for purposes of the act, as graduates who are gainfully employed within 6 months of graduation in a position for which the skills obtained through the education and training provided by the institution are required or provided a significant advantage to the graduate in obtaining the position. This bill would revise this definition to remove skills obtained that have provided a significant advantage to the graduate in obtaining the position, and include skills that are utilized to perform the purpose or objective of the position or the major responsibilities of the position. (6) Existing law appropriates $580,000 from the Private Postsecondary and Vocational Education Administration Fund to the Bureau for Private Postsecondary Education, for the purpose of funding 5 private postsecondary education specialist and senior specialist positions. This bill would require those positions to be permanent, full-time positions to perform work in conformity with the classification specifications as directed by the bureau chief.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 5 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 62. Noes 15. Page 6901.)

  4. Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6645.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 23. Noes 13. Page 4836.)

  7. Read second time. To third reading.

  8. Read third time, amended. To second reading.

  9. Read second time and amended. Ordered to third reading.

  10. From committee: Amend, and do pass as amended. (Ayes 7. Noes 4.) (August 12).

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  12. In committee: Set, first hearing. Referred to APPR suspense file.

  13. Re-referred to Com. on APPR.

  14. Withdrawn from committee.

  15. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.

  16. From committee: Do pass, and re-refer to Com. on ED. Re-referred. (Ayes 6. Noes 1.) (June 28).

  17. (Corrected June 29.)

  18. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

  19. Referred to Coms. on B., P. & E.D. and ED.

  20. In Senate. Read first time. To Com. on RLS. for assignment.

  21. Read third time, passed, and to Senate. (Ayes 50. Noes 24. Page 5404.)

  22. Read second time. To third reading.

  23. From committee: Do pass. (Ayes 12. Noes 5.) (May 28).

  24. Re-referred to Com. on APPR.

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  26. In committee: Set, first hearing. Referred to APPR. suspense file.

  27. In committee: Hearing postponed by committee.

  28. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 3.) (April 6).

  29. Re-referred to Com. on HIGHER ED.

  30. From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended.

  31. Referred to Com. on HIGHER ED.

  32. From printer. May be heard in committee March 19.

  33. Read first time. To print.

Sponsors

  • Portantino · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Portantino

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1889 PORTANTINO Concurrence in Senate Amendments

Passed 72 Yea · 17 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 671601
Democratic 3000
Republican 2100
Total 721701
% of votes cast 80%19%0%1%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Cook — Yea
Tom — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Charles — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Bill — Nay
Audra — Nay
Conway — Nay
Harkey — Nay
Knight — Nay
Anderson — Nay
Nielsen — Nay
Norby — Nay
Silva — Nay
Tran — Nay
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Bass — Yea
Block — Yea
Coto — Yea
Davis — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Ma — Yea
Mendoza — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Villines — Yea
Adams — Nay
Ammiano — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Lieu — Yea
Logue — Nay
Miller — Nay
Monning — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Eng — Yea
Evans — Yea
DeVore — Nay
Fuller — Not Voting
Furutani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB1889 Portantino By Calderon

Passed 24 Yea · 13 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 221203
Democratic 2000
Republican 0100
Total 241303
% of votes cast 60%33%0%8%
How each member voted (40)
Member Party Vote
Hancock — Yea
Wyland — Nay
Cogdill — Nay
Florez — Yea
Yee — Yea
Lowenthal — Yea
Negrete — Yea
Corbett — Yea
Harman — Not Voting
Runner — Nay
Hollingsworth — Nay
Huff — Nay
Ducheny — Yea
Kehoe — Yea
Dutton — Nay
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Alquist — Yea
Ashburn — Nay
Blakeslee — Nay
Price — Yea
Romero — Yea
Walters — Nay
Wiggins — Not Voting
Wolk — Yea
Aanestad — Nay
Leno — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Wright — Yea
Cedillo — Yea
Emmerson — Nay
Correa — Yea
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 7 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7400
Total 7400
% of votes cast 64%36%0%0%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Nay
Corbett — Yea
Ashburn — Nay
Leno — Yea
Price — Yea
Wolk — Yea
Alquist — Yea
Kehoe — Yea
Walters — Nay
Emmerson — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Alquist — Yea
Ashburn — Yea
Kehoe — Yea
Leno — Yea
Walters — Not Voting
Wolk — Yea
Price — Yea
Wyland — Yea
Emmerson — Yea

Official roll call →

Do pass, but re-refer to the Committee on Education.

Passed 7 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6102
Democratic 1000
Total 7102
% of votes cast 70%10%0%20%
How each member voted (10)
Member Party Vote
Yee — Yea
Corbett — Yea
Florez — Yea
Negrete — Yea
McLeod — Yea
Aanestad — Nay
Walters — Not Voting
Wyland — Not Voting
Correa — Yea
Calderon, Lisa Democratic Yea

Official roll call →

AB 1889 PORTANTINO Assembly Third Reading

Passed 59 Yea · 25 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 552406
Democratic 3000
Republican 1101
Total 592507
% of votes cast 65%27%0%8%
How each member voted (91)
Member Party Vote
Hagman — Nay
Carter — Yea
Chesbro — Yea
Conway — Nay
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Charles — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Cook — Nay
Coto — Yea
Bill — Nay
Huffman — Yea
Lieu — Yea
Mendoza — Yea
Fletcher — Nay
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Davis — Yea
DeVore — Nay
Monning — Yea
Nava — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tom — Not Voting
Audra — Not Voting
Garrick — Nay
Gilmore — Nay
Harkey — Not Voting
Jeffries — Nay
Miller — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Silva — Not Voting
Smyth — Nay
Tran — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Ruskin — Yea
Swanson — Yea
Torrico — Yea
Villines — Nay
Emmerson — Not Voting
Eng — Yea
Evans — Yea
Yamada — Yea
Fuller — Nay
Furutani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Not Voting

Official roll call →

Do pass.

Passed 13 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12500
Democratic 1000
Total 13500
% of votes cast 72%28%0%0%
How each member voted (18)
Member Party Vote
Conway — Nay
Charles — Yea
Ammiano — Yea
Bradford — Yea
Miller — Nay
Monning — Yea
Nielsen — Nay
Norby — Nay
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Harkey — Nay
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

education
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Frequently asked questions

What does AB 1889 do?
(1) Existing law establishes the California Private Postsecondary Education Act of 2009, which, among other things, provides for student protections and regulatory oversight of private postsecondary schools in the state. Existing law establishes the Bureau for Private Postsecondary Education to regulate private postsecondary institutions through the powers granted, and the duties imposed, by the act. This bill would prohibit the bureau, for the period of July 1, 2010, to July 1, 2011, inclusive, from enforcing the act against institutions certified to offer educational programs in flight instruction and aircraft maintenance by the Federal Aviation Administration. The bill would also require those institutions to notify the bureau if they operate during that time period. (2) The act prohibits institutions, as defined, from performing various actions. This bill would prohibit an institution from offering an unaccredited doctoral degree program without disclosing to prospective students that the degree program is unaccredited, and any known limitation of the unaccredited degree, including, but not limited to, whether the degree is recognized for licensure or certification in other states. (3) The act prohibits an ability-to-benefit student, defined as a student who does not have a certificate of graduation from a school providing secondary education, or a recognized equivalent of that certificate, from enrolling in an institution unless the student achieves a specified score on an independently administered examination from a specified list of examinations prescribed by the United States Department of Education that demonstrates that the student may benefit from the education and training being offered. This bill would authorize the Bureau for Private Postsecondary Education to publish its own list of acceptable examinations if the United States Department of Education does not have a list of relevant examinations that pertain to the intended occupational training. (4) The act requires specified private postsecondary institutions to refund 100% of the amount paid for institutional charges, less specified expenses, if notice of cancellation is made through attendance at the first class session, or the 7th class day after enrollment, whichever is later. This bill would change the 2nd deadline for notice of cancellation from the 7th class day after enrollment, to the 7th day after enrollment. (5) Existing law defines "graduates employed in the field," for purposes of the act, as graduates who are gainfully employed within 6 months of graduation in a position for which the skills obtained through the education and training provided by the institution are required or provided a significant advantage to the graduate in obtaining the position. This bill would revise this definition to remove skills obtained that have provided a significant advantage to the graduate in obtaining the position, and include skills that are utilized to perform the purpose or objective of the position or the major responsibilities of the position. (6) Existing law appropriates $580,000 from the Private Postsecondary and Vocational Education Administration Fund to the Bureau for Private Postsecondary Education, for the purpose of funding 5 private postsecondary education specialist and senior specialist positions. This bill would require those positions to be permanent, full-time positions to perform work in conformity with the classification specifications as directed by the bureau chief.
Who sponsors AB 1889?
AB 1889 is sponsored by Portantino.
What is the current status of AB 1889?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1889?
Track AB 1889 free on One Click Politics — get push/email alerts when it moves.

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