BILL ANALYSIS                                                                                                                                                                                                    






                             SENATE JUDICIARY COMMITTEE
                           Senator Ellen M. Corbett, Chair
                              2009-2010 Regular Session


          AB 1971 (Lowenthal)                                         
          As Introduced
          Hearing Date: June 10, 2010
          Fiscal: Yes
          Urgency: No                                                 
          SK:jd                                                       
                                                                      

                                        SUBJECT
                                           
             California State University, University of California, and  
                            Hastings College of the Law: 
                      Disclosure of Alumni Personal Information

                                      DESCRIPTION  

          This bill would extend the sunset date on current law which  
          permits the California State University (CSU), the University of  
          California (UC), and Hastings College of the Law (HCL), to  
          disclose the names, addresses, and e-mail addresses of alumni to  
          their "affinity partners" (nonaffiliated businesses with whom  
          the university has a contractual agreement to, among other  
          things, offer commercial products and services to alumni),  
          subject to specified privacy requirements.  These provisions are  
          scheduled to sunset on January 1, 2011; this bill would extend  
          the provisions to January 1, 2016.

                                      BACKGROUND  

          This bill is a reintroduction of last year's AB 1222  
          (Lowenthal), which was vetoed by the Governor.   In 2005, the  
          Legislature passed and the Governor signed SB 569 (Torlakson,  
          Ch. 498, Stats. 2005) which expressly allowed CSU, UC, and HCL  
          to disclose the names, addresses, and e-mail addresses of alumni  
          to businesses with whom the university has an affinity partner  
          agreement.  Tax-exempt organizations use affinity programs to  
          generate revenue by permitting the use of their name or logo to  
          endorse products or services.  Both CSU and UC use affinity  
          programs to partner with commercial entities so that alumni  
          organizations can offer various financial products and services  
          to alumni.  As part of the agreement, the affinity partner pays  
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          a fee to the alumni association in return for allowing access to  
          alumni association mailing lists. 

          Under SB 569, alumni information may only be shared for  
          particular purposes, and the universities must meet specified  
          privacy requirements including that they have a written  
          contractual agreement with the affinity partner business that  
          contains certain privacy protections.  CSU, UC, and HCL may not  
          disclose alumni information to affinity partners without first  
          offering alumni an opportunity to opt out of the disclosure.   
          Existing law provides a statutory notice form for this purpose  
          and requires that the form be provided to alumni in certain  
          communications, such as the alumni association magazine and Web  
          site.  These provisions sunset on January 1, 2011; this bill  
          would extend this sunset date to January 1, 2016.  This bill  
          also contains related reporting requirements. 

                                CHANGES TO EXISTING LAW
           
           Existing law  permits CSU, UC, and HCL to disclose the names,  
          addresses, and e-mail addresses of alumni to businesses with  
          whom the university has an affinity partner agreement.  (Ed.  
          Code Secs. 89090, 92630.)  Existing law provides that alumni  
          information may only be shared for the following specified  
          purposes: (1) to provide alumni with commercial opportunities  
          that are beneficial to the alumni or the university; (2) to  
          provide alumni with informational materials relating to the  
          university; and (3) to promote and support the educational  
          mission of the university. (Ed. Code Secs. 89090(a), 92630(a).)

           Existing law requires CSU, UC, and HCL to meet specified privacy  
          requirements including that they have a written contractual  
          agreement with the affinity partner business that requires the  
          business to maintain the confidentiality of the alumni  
          information and provides that the business may not use the  
          information for any purpose other than the three purposes  
          permitted by the statute.  (Ed. Code Secs. 89090(b)(1)(A),  
          92630(b)(1)(A).)

           Existing law  provides that CSU, UC, and HCL may not disclose  
          alumni information to affinity partners without first clearly  
          and conspicuously notifying alumni that their personal  
          information may be disclosed and giving the alumni an  
          opportunity to opt out of the disclosure.  If an alumni opts out  
          of such sharing, his or her information may not be disclosed.   
          (Ed. Code Secs. 89090(b)(2), 92630(b)(2).)
                                                                      



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           Existing law  prohibits CSU, UC, and HCL from disclosing  
          information about any current students or an alumnus who, as a  
          student, indicated pursuant to the federal Family Educational  
          Rights and Privacy Act (FERPA) that he or she did not want his  
          or her personal information disclosed.  (Ed. Code Secs.  
          89090(b)(4), 92630(b)(4).)

           Existing law  provides for a statutory notice form that CSU, UC,  
          and HCL may use to provide alumni with the opportunity to opt  
          out of sharing.  (Ed. Code Secs. 89090(c)(1) and (2),  
          92630(c)(1) and (2).)

           Existing law  requires that the form be provided to alumni in the  
          following communications: (1) in the solicitation sent to  
          graduating students encouraging them to join the alumni  
          association; (2) in the alumni association magazine; (3) on the  
          alumni association's Web site; (4) in a one-time mailing sent to  
          all alumni on the university's list as of January 1, 2006; and   
          (5) in an annual electronic communication.  (Ed. Code Secs.  
          89090(c)(3)(B), 92630(c)(3)(B).)
           Existing law  requires that alumni be provided at least two  
          alternative cost-free means to communicate their privacy  
          choices, such as calling a toll-free number or using electronic  
          means.  (Ed. Code Secs. 89090(c)(4), 92630(c)(4).)  Existing law  
          provides that an alumnus may opt out of sharing at any time and  
          CSU, UC, and HCL must comply with this direction within 45 days  
          of receipt.  (Ed. Code Secs. 89090(c)(5)(A), 92630(c)(5)(A).)

           Existing law  provides that the above described provisions sunset  
          on January 1, 2011. (Ed. Code Secs. 89090.5, 92630.9.)

           This bill  would extend this sunset date to January 1, 2016.

           This bill  would provide for related reporting requirements to  
          the Senate and Assembly Judiciary Committees and would require  
          that the statutory notice form must be made available on the  
          alumni association's Internet Web site, as specified.

                                        COMMENT
           
          1.  Stated need for the bill  
          
          The author writes:
          
            Campus alumni associations have been established at all 23  
                                                                      



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            California State University (CSU) campuses as well as the 10  
            University of California (UC) campuses.  The primary purpose  
            of these associations is to maintain relationships and build  
            long-term connections to graduates with the ultimate goal to  
            support the University in the form of donations, scholarships,  
            and involvement.  It is common practice among public  
            universities throughout the country, and private institutions  
            in California, to offer benefits and services through affinity  
            partnerships with commercial vendors to alumni as one way to  
            stay connected to their university.  Examples of these  
            affinity partnerships include group rates and discounts for  
            home and auto insurance, mortgage programs and travel  
            programs.

            In light of California's recent revenue shortfalls and budget  
            reductions to public universities, the role of alumni  
            associations and the need for private funding of public  
            universities is more critical then ever to help University  
            leaders get non-state dollars necessary to maintain program  
            quality.  . . . 

            Affinity programs must continue to support CSU and UC with  
            donations, scholarships, and community involvement.  All 23  
            CSU campus associations currently use the funding they receive  
            from these programs to further their programming and outreach  
            to alumni as well as to provide both general and athletic  
            scholarships to students.  
          
          Co-sponsor the University of California writes that "affinity  
          programs generated approximately $3.6 million for UC campuses in  
          2007-08.  Revenues generated from UC campus affinity  
          partnerships generally provide funding to supplement the  
          operational costs of campus alumni programs.  The revenues are  
          also used by UC campus alumni associations to provide services  
          and benefits to students.  An example is the UC Irvine alumni  
          association's affinity partnership revenues, of which almost 35  
          percent are used to support the cost of student programs and  
          scholarships.  The funds generated by affinity partnerships  
          allow the UC campus alumni association to provide services and  
          events to alumni and students that the campuses would otherwise  
          not be able to offer." 

          In support of last year's AB 1222, an identical measure,  
          co-sponsor California State University noted that "[t]hroughout  
          the first three years of implementation of this statute both  
          public universities have held the privacy of their alumni in the  
                                                                      



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          highest regard, keeping meticulous record of all opt-out  
          information obtained from alumni as well as continually  
          following the letter of the law by ensuring ample opportunities  
          for alumni to have their information removed from records."
          
          2.  Veto of AB 1222  

          Last year, the Legislature passed AB 1222, which would have  
          extended the sunset date on current law permitting CSU, UC, and  
          HCL to disclose alumni personal information.  In vetoing the  
          measure, the governor stated: 

            I am returning Assembly Bill 1222 without my signature.  This  
            bill extends the sunset date on a statute that is not expiring  
            until January 1, 2011.  Therefore, this bill is premature and  
            unnecessary.  For these reasons, I am unable to sign this  
            bill.

          Given that current law sunsets on January 1, 2011, the author  
          has reintroduced AB 1222.

          3.  Amendments taken last year in this Committee are included in  
            this year's bill  

          Existing law requires the Web site for each alumni association  
          to include a link to the opt-out form.  When this Committee  
          heard AB 1222, it was determined that there was a lack of  
          consistency regarding where the forms are located on the  
          campuses' Web sites. In order to address the concern that alumni  
          may have a difficult time locating the forms, this Committee  
          amended the bill to require that the form be located either on  
          the homepage of the alumni association or in the association's  
          privacy policy.  

          In addition, this Committee amended AB 1222 to also provide that  
          information regarding the use of affinity partnership agreements  
          and opt-out requirements be given to the Senate and Assembly  
          Judiciary Committees by July 1, 2014.  

          Both of the above-described amendments are contained in AB 1971.




          4.  Making the case for a sunset extension  

                                                                      



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          Last year, when this Committee heard AB 1222, a number of  
          questions were raised regarding whether the sponsors of the  
          measure had demonstrated that it was appropriate to extend  
          existing law's sunset date to January 1, 2016, thus permitting  
          CSU, UC, and HCL to share alumni information with affinity  
          partners for another five years.  In response to questions from  
          Committee staff, the sponsors of AB 1222 provided extensive  
          information that demonstrated both how the law was being used by  
          the universities and the manner in which alumni personal  
          information was being protected, as required by the statute.   
          The following information was provided to the Committee last  
          year with respect to AB 1222, and the sponsors indicate that  
          this information is still accurate:

            a.   CSU "Alumni Affinity Survey Results"  

            The author provided this committee with a document entitled  
            "CSU Alumni Affinity Survey Results."  This document provides  
            information on a campus-by-campus basis regarding the affinity  
            partnership agreements each campus has entered into, including  
            information on when the contract expires, the use of the  
            revenue, and how many alumni have opted out.  For example, CSU  
            East Bay currently has two affinity partnerships, one with  
            Marsh and another with Liberty Mutual.  Both of these are  
            insurance programs.  The agreements bring in $10,000 which is  
            used for alumni outreach.  According to the survey, 11,000  
            alumni have opted out.  CSU Fresno reported that it had four  
            affinity partnerships-a credit card program with Bank of  
            America and insurance programs offered by Marsh, Liberty  
            Mutual, and AIA.  Revenue from the Bank of America partnership  
            was $1,621, Marsh $33,252, Liberty Mutual $70,000, and AIA  
            $578.  The university uses the revenue for programming, its  
            alumni magazine, online social networking, and scholarships.   
            The survey indicated that 4.1 percent of alumni opted out in  
            the initial mailing and 22 alumni have opted out on a  
            quarterly basis.  CSU Long Beach reported that its two  
            affinity partnerships-a Bank of America credit card program  
            and Marsh insurance program-brought in $135,000 (Bank of  
            America) and $30,000 (Marsh).  The revenue was used to support  
            alumni outreach, communications, and scholarships.  18,000  
            alumni, or nine percent, opted out.  CSU San Diego has two  
            affinity partnerships - an AIA insurance program and a GE  
            Money credit card program.  In 2008, 3,093 alumni participated  
            in these programs, which raised $235,000.  27,000 alumni opted  
            out.  CSU Los Angeles has two programs - a Bank of America  
            credit card program and a Marsh insurance program.  In 2009,  
                                                                      



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            these programs raised $132,000 and 10,057 alumni participated.  
             3,200 alumni opted out of the sharing of their information.

            b.   UC alumni association affinity programs  

            In response to Committee staff requests last year, UC provided  
            similar information concerning its alumni association affinity  
            programs indicating that the UC campuses offer affinity  
            programs for various products and services including credit  
            card and insurance products and hotel, rental car, and jewelry  
            discounts.  At UC Berkeley, 35,000 alumni have opted out of  
            disclosure, and the programs brought in $1.35 million which  
            was used for operations.  At UCLA, the Bank of America  
            affinity program (credit cards) had 38,142 open accounts and  
            brought in $1.17 million while the campus' affinity program  
            with Marsh (insurance) had 6,247 policies in force and total  
            annual revenue equaled $168,000.   The revenue from the  
            programs funded alumni and student programs, salaries of  
            full-time alumni association staff, and technology and  
            infrastructure improvements.  UC Irvine's alumni association  
            also has an affinity program for various products and  
            services, including credit card, insurance, and travel  
            programs.  5,054 alumni participate in the program and 15,386  
            opted out.  The programs raise $111,000, which goes to fund  
            programs and operations. 

            c.   Information relating to privacy protections  

            When SB 569 was first considered in the Legislature it did not  
            contain many of the privacy protections that are now included  
            in the law.  However, as a result of negotiations with  
            legislative staff, the author, and interested parties, the  
            bill was amended to include these various privacy protections.  
             Those included expressly providing alumni with notice that  
            their personal information may be disclosed to the  
            university's affinity partner and giving them the opportunity  
            to opt out of that disclosure.  SB 569 was also amended to  
            require a statutory notice form.  In addition, CSU, UC, and  
            HCL were required to provide the form to alumni in certain  
            communications such as the alumni magazine and in a one-time  
            mailing to alumni.

             Opt-out forms :  In response to Committee staff inquiries when  
            AB 1222 was being considered last year, CSU indicated that all  
            new alumni receive the opt out form upon graduation and prior  
            to the release of any of their information to third party  
                                                                      



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            vendors.  Existing alumni who have received the initial opt  
            out form also receive a notification annually.  CSU also  
            stated that all of its campuses that have magazines include  
            the opt out form in those magazines on an annual basis.  Those  
            campuses which do not have magazines include the privacy and  
            opt out information using the method they normally use to  
            contact their alumni (e.g., e-mail, e-mail newsletters).    

            UC stated that its alumni associations send out forms and  
            notifications when they have addresses or contact information  
            for alumni.  UC also provided the committee with examples of  
            opt out forms contained in alumni magazines. 

             Annual electronic notice  :  CSU indicated last year that "all  
            campuses send out an annual electronic notification to all  
            addressable alumni in their database.  For new alumni they  
            also wait the 45 day waiting period prior to releasing any  
            information to third party vendors and also remove any names  
            that opt-out past the 45 day window with their vendors upon  
            receipt of the opt-out."

            UC indicated that it notifies alumni of the affinity programs  
            and their opt out rights "to the extent we have e-mail  
            addresses." 

             Statutory form  :  CSU indicated that its campuses are using a  
            form that was developed through the Chancellor's Office of  
            General Counsel that complies with the statutory requirements.  
             CSU also provided committee staff with examples of these  
            forms.  UC stated that some campuses are using the statutory  
            form while others are not.  UC also provided the committee  
            with an example of the alternative form which contains the  
            required information. 

          5.  Amendment regarding Hastings College of the Law  

          In response to Committee staff inquiries, Hastings College of  
          the Law indicates that it has not entered into any affinity  
          partnership agreements and thus it is okay to remove HCL from  
          the bill.  As a result, the author has agreed to the following  
          amendment, which would delete HCL's authority to disclose alumni  
          information to affinity partners: 

          On page 9, line 1, delete "or the Hastings College of the Law"

          On page 9, line 21, delete "or the Hastings College of the Law"
                                                                      



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          On page 10, line 14, delete "or the Hastings College of the Law"

          On page 10, line 17, delete "or the Hastings College of the Law"

          On page 13, line 36, delete "and the Hastings College of the  
          Law"
           

          Support  : None Known

           Opposition  : None Known 

                                        HISTORY
           
           Source  : California State University; University of California 

           Related Pending Legislation  : None Known 

           Prior Legislation  : See Background. 

           Prior Vote :

          Assembly Higher Education Committee (Ayes 9, Noes 0)
          Assembly Judiciary Committee (Ayes 10, Noes 0)
          Assembly Appropriations Committee (Ayes 17, Noes 0)
          Assembly Floor (Ayes 74, Noes 0)

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