BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1971
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1971 (Bonnie Lowenthal)
          As Amended  June 15, 2010
          Majority vote
           
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          |ASSEMBLY:  |74-0 |(April 29,      |SENATE: |33-0 |(August 2,     |
          |           |     |2010)           |        |     |2010)          |
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           Original Committee Reference:    HIGHER ED.  

           SUMMARY  :  Extends by five years the authority for the University  
          of California (UC) and the California State University (CSU) to  
          release the names and addresses of their alumni to businesses  
          with whom they have affinity-partner agreements.  Specifically,  
           this bill  :  

          1)Extends from January 1, 2011, to January 1, 2016, the sunset  
            date on UC's and CSU's ability to release the names and  
            addresses of their alumni to businesses with whom they have  
            affinity-partner agreements, providing certain privacy  
            requirements are met.  

          2)Requires the opt-out form that UC and CSU must provide to  
            alumni prior to releasing their names to businesses be  
            provided through a link on the homepage of the Internet Web  
            site of the alumni association or in the alumni association's  
            privacy policy.

          3)Expresses legislative intent that UC and CSU report to the  
            Legislature by July 1, 2014, regarding compliance with these  
            provisions.

           The Senate amendments  delete the Hastings College of Law from  
          this bill.

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version that passed the Senate.

           FISCAL EFFECT  :   Any costs would be absorbable to UC and CSU  
          alumni and auxiliary organizations covered under this bill.   
          Such organizations operate with non-state funds.

           COMMENTS  :   This bill is identical to AB 1222 (Lowenthal) of  








                                                                  AB 1971
                                                                  Page  2

          2009, which was vetoed by the Governor because the legislation  
          was not necessary until 2010, because UC's and CSU's ability to  
          enter into affinity programs expires on December 31, 2010.

          It is common practice for public and private universities to  
          offer benefits and services to alumni through affinity  
          partnerships with commercial vendors as one way for alumni to  
          stay connected to their university.  However, existing law (the  
          California Information Practices Act of 1977 and the California  
          Financial Information Privacy Act) created ambiguity about the  
          authority of state agencies to enter into affinity agreements  
          with financial institutions.  SB 569 (Torlakson), Chapter 498,  
          Statutes of 2005, addressed this ambiguity; however, SB 569  
          expires on December 31, 2010. 


           Analysis Prepared by  :    Sandra Fried / HIGHER ED. / (916)  
          319-3960 


                                                               FN: 0005167