Beak 'Em Bucks may violate Kansas law
Beak ‘Em Bucks, a debit card feature on KU IDs, may violate Kansas law because the University makes no attempt to return money in inactive accounts to former students, nor does it turn over abandoned accounts to the Kansas State Treasurer.
KU officials say they don’t know how much of the almost $300,000 in Beak ‘Em Bucks accounts is abandoned or even which accounts are active.The University maintains account information in its databases, but KU officials denied a Kansas Open Records Act request for information about abandoned accounts by the University Daily Kansan. Jane Rosenthal, KU privacy officer and records custodian, said the request was denied because “the development of special programming would be required to produce this information.”
Student Senator Mike Wellems, chair of Senate’s finance committee, said, “It seems like the University would want to get this information just to have a better understanding of the problem.”
Peggy Hanna, deputy assistant to the Kansas State Treasurer, said the Kansas Unclaimed Property Act required state agencies, including the University, to report abandoned funds to her office.
"We're just trying to stay under the radar,” explained Lindy Eakin, vice provost for administration and finance. “It [the Unclaimed Property Act] just introduces so much bureaucratic complexity. It's one of those things where we know who the students are and we know what's in their account. It's easy for us to get them their money."
Beak ‘Em Bucks by the numbers
Beak ‘Em Bucks allows students and staff to make purchases on- and off-campus using their KU ID cards. It’s part of the process to produce a “one-card” system for multiple functions. The card currently is used for on-campus meal plans, library services, Beak ‘Em Bucks, as a photo ID, and can be linked to a Commerce Bank checking account.
When the University expanded the program to off-campus businesses, deposits nearly doubled from the 2004-05 school year to the 2005-06 year.
The Unclaimed Property Act
The Kansas Unclaimed Property Act requires businesses or government agencies to turn over abandoned property to the Kansas State treasurer’s office. That office then holds the property so owners or heirs can claim what is rightfully theirs. Property can include cash, bank accounts, stocks, bonds, royalties, the contents of safe deposit boxes and other personal holdings. The state treasurer’s office maintains a searchable, online database people may use to find forgotten or lost money. Currently, the University doesn’t report any funds from Beak ‘Em Bucks to the state treasurer.
Under the law, property held by the government is considered abandoned after one year of inactivity or lack of contact from the rightful owner. Beak ‘Em Bucks started in 2003.
Eakin said the program did not fall under the Unclaimed Property Act because the system is like a prepaid service. He compared it to campus meal plans where students pay for a certain number of meals at the start of the year even if they don’t eat that many meals during the year.
However, Beak ‘Em Bucks can now be used at more than two dozen locations off campus, including restaurants, gas stations, a tanning salon and a textbook store.
Hanna, the deputy assistant treasurer, said inactive cash accounts are not like prepaid services and should be reported.
“This is the student's money - they just access it through a card,” she said in an e-mail interview. “The university is splitting hairs at the expense of the students.”
Eakins said the University did not want to look or act like a bank. “That opens up a whole Pandora’s box of regulation and oversight that we don’t want to get into,” he said.
As the program grows, Eakin said the University should look at ways to contact students about their accounts. He noted that bringing a bookstore into the system had increased the likelihood of students putting larger sums into their accounts.
Wellems, the student senator, said it sounded like a bank account.
“You can deposit money, you can spend money, you can request a refund,” he said. “You’re not paying for a service; you’re putting your money in a convenient form.”
Nancy Miles, director of the KU Card Center, said the University made no attempt to contact students who may have money in inactive accounts and had no plans to do so in the future. Students can check their balance and transaction history through the Kyou student portal, she said.
Hanna said that just letting the accounts sit there with no activity after 12 months is unacceptable under the law.
David Kidd, manager of the card center at Wichita State University, said that in his 10 years working in this area, he couldn’t remember anyone ever bringing up the issue of unclaimed property laws, either inside his school or from other institutions.
WSU uses a system that links student cards to Commerce Bank accounts in students’ names. Hanna said when cards linked directly to a bank account in the student’s name, compliance with the Unclaimed Property Act would fall on the bank, not the university. KU also allows students to link their card to a Commerce Bank account, though that function is separate from Beak ‘Em Bucks accounts.
Who owes whom?
The University may not know how much money sits in abandoned accounts, but it does know how much money students owe to the University and can use Beak ‘Em Bucks accounts to get that money.
To close a Beak ‘Em Bucks account, the University charges a $15 fee to receive a refund (PDF form). It then subtracts any tuition or fees owed to the University from any refund, according to terms listed on the KU Card Center’s Web site. Refunds may be requested only in the spring semester or when students are leaving school.
The card center had processed 119 refund requests since the beginning of the program through early this semester.
The system also can disable the card, and the Beak ‘Em Bucks account, of any student who is not enrolled at the University. Only active students and staff can access their Beak ‘Em Bucks account. Miles said this was an automated process within the University’s databases and could not be used to identify inactive accounts.
The terms also allow the University to charge a $10 maintenance fee to accounts after they have been inactive for one year, although Miles said that fee wasn’t yet being charged. The database system that maintains all the accounts doesn’t have the ability to assess the fee yet, but the University plans to update the system to charge the fee, she said. Once they have the ability to charge the maintenance fee, they should be able to also identify inactive accounts, she said.
Jude Braun, Chicago freshman, said that she liked the convenience of Beak ‘Em Bucks, but that the fees sounded like another way to nickel and dime students.
“I think we pay enough in every single other way,” she said.
Revenues and costs
The University also knows how much revenue it earns from the card system.
The largest revenue comes from Commerce Bank. As part of the contract that allows checking accounts to be linked to KU cards, Commerce guarantees a revenue stream to the school.
Since the inception of the program, the University has collected more than $130,000 from this revenue sharing. Commerce also made an up-front payment of $105,000 to the University and included $50,000 worth of blank identification cards.
Off-Campus Advantage (OCA), which handles off-campus transactions, also pays a kind of revenue sharing to the University. OCA charges a transaction fee to businesses that take Beak ‘Em Bucks. Bogner declined to give the amount of the average transaction fee. The University collects 70 percent of that fee while OCA keeps 30 percent. Since Beak ‘Em Bucks went off campus last November, students have spent more than $114,000 off campus and the University has collected just over $6,000 from those transactions as of August of this year.
The program has collected total revenues of more than $250,000.
Eakin said Beak ‘Em Bucks hasn’t paid for itself yet. He said judging from other universities’ experiences, as the program grew it should be able to do a little better than break even, allowing the University to offer the service without having to pay for it.
The one-card program has cost at least $700,000 to start and maintain. That includes the original equipment costs, card readers, fees, training and software.