BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1971
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          Date of Hearing:   April 21, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

               AB 1971 (Lowenthal) - As Introduced:  February 17, 2010 

          Policy Committee:                              Higher  
          EducationVote:  9-0
                        Judiciary                             10-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill:

          1)Extends the sunset date, from January 1, 2011 to January 1,  
            2016, on provisions permitting California State University  
            (CSU), the University of California (UC), and the Hastings  
            College of the Law (HCL) to release the names and addresses of  
            their alumni to businesses with whom the universities have an  
            affinity partner agreement, providing certain privacy  
            requirements are met.

          2)Expresses legislative intent that UC, CSU, and HCL report  
            specific information regarding the affinity partnership  
            agreements to the Assembly and Senate Judiciary Committees,  
            respectively, by July 1, 2014.

           FISCAL EFFECT  

          Any costs would be absorbable to CSU, UC, and Hastings alumni  
          and auxiliary organizations covered under the bill. Such  
          organizations operate with non-state funds.

           COMMENTS  

           1)Purpose  .  SB 569 (Torlakson)/Chapter 498 of 2005, authorized  
            CSU, UC, and HCL to allow the controlled disclosure of alumni  
            names and addresses to businesses that are "affinity partners"  
            of those universities.  In support of SB 569, CSU and UC  
            stated that "public universities throughout the country,  
            private institutions and non-profit organizations in  








                                                                  AB 1971
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            California, commonly use affinity programs to help generate  
            non-state funded monies through partnerships that offer  
            benefits and services (such as credit cards, insurance  
            products, loans, extension classes, test-prep courses) to  
            alumni."  They argued that SB 569 would address an inequity  
            between private universities and non-profits and California's  
            public universities.  AB 1222 extends the authority provided  
            in SB 569 for an additional five years.

           2)What are affinity programs  ?  An affinity program provides a  
            means whereby a tax-exempt organization may generate funds by  
            allowing the use of its name and/or logo to endorse products  
            or services.  In the case of UC and CSU, through partnerships  
            with commercial entities, affinity programs allow alumni  
            organizations to offer a variety of financial products to  
            graduates and alumni members, such as group rates and  
            discounts for home and auto insurance, mortgage programs,  
            credit cards, and other credit lines.  In return for allowing  
            access to alumni association mailing lists, the affinity  
            partner pays a fee to the campus association.

            Sponsors CSU and UC state that the program has provided  
            important funding for their programs and that without the  
            affinity programs they would face serious problems in  
            supporting their activities, sustaining and attracting  
            membership, and facilitating future donations worth millions  
            of dollars.  CSU states that it does not yet have a complete  
            breakdown of funding data.  The system currently allows each  
            campus flexibility in how it spends the affinity funds.  CSU  
            states that the Chico campus has about $45,000 in annual  
            affinity revenue and uses 2/3 of this for alumni outreach and  
            the remaining is used to pay for alumni outreach staff  
            salaries.  Fresno State receives about $105,000 in revenue and  
            about $15,000 of this went out as scholarships, whereas the  
            rest went to alumni outreach including the magazine, online  
            social networking, and alumni programming.

           3)Prior Legislation  .  This bill is identical to AB 1222  
            (Lowenthal) of 2009, which was vetoed for being deemed  
            premature by the governor because the sunset date under the  
            existing statute is not until January 1, 2011.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081