Section 6304. Financing of community colleges  


Latest version.
  • 1. The master plan, standards
      and  regulations  prescribed  by  the  state  university  trustees shall
      include provisions for financing the capital costs and  operating  costs
      of such colleges in the following manner:
        a.  State  financial aid shall be one-third of the amount of operating
      costs, as approved by the state  university  trustees.  Operating  costs
      shall  not  include  any  payment  of  debt  service or rentals or other
      payments by a local sponsor to the dormitory authority pursuant  to  any
      lease,  sublease  or  other agreement entered into between the dormitory
      authority and a local sponsor. Such aid for a college shall, however, be
      for two-fifths of operating costs for any fiscal  year  of  the  college
      during which it is implementing a program of full opportunity provided a
      plan  has  been  approved  by  the state university trustees. Such plan,
      which shall be submitted by the college only after approval by the board
      of trustees and the local sponsor or sponsors, shall
        (i) establish a  policy  of  offering  acceptance  in  an  appropriate
      program  of  the  college  to all applicants residing in the sponsorship
      area who graduated from  high  school  within  the  prior  year  and  to
      applicants  who  are  high  school  graduates and who were released from
      active duty with the armed forces of the United States within the  prior
      year;
        (ii)  provide  for  full  implementation  of  such  policy by the fall
      semester of nineteen hundred seventy or, if the college demonstrates  to
      the  state  university  trustees  that  full implementation by such time
      would not be feasible and in the best interests of the college,  provide
      for  a  timetable  to achieve such full implementation within five years
      which provides for substantial growth in registration each year;
        (iii) make provision  for  and  contain  adequate  assurances  of  the
      expenditure  of  funds by the sponsor or sponsors at a level pursuant to
      state university regulations, at least that necessary to  implement  the
      plan;
        (iv)  provide  for  adequate  programs of remediation, instruction and
      counselling to meet the needs of  all  students  to  be  served  by  the
      college.  The  trustees  may  require periodic reports or certifications
      from colleges which have submitted plans which have  been  approved  and
      may,  in appropriate cases, revoke such approval in case a college is in
      default of implementing its plan.
        b. (i) Operating costs shall not include any payment of  debt  service
      or  rentals  or  other  payments  by  a  local  sponsor to the dormitory
      authority pursuant to any lease, sublease  or  other  agreement  entered
      into between the dormitory authority and a local sponsor. Such operating
      costs shall be subject to such maximum limitations and joint regulations
      as  shall  be  prescribed  by  both the city university trustees and the
      state university trustees with the  approval  of  the  director  of  the
      budget.  Such  limitations  shall  be  based upon maximum allowances per
      student for each student in attendance in the case of  operating  costs,
      or  in  accordance with such other factors as may be deemed appropriate.
      Operating costs  shall  include  courses  offered  for  the  purpose  of
      providing  occupational  training  or  assistance  to  business  for the
      creation and retention of job opportunities and for the  improvement  of
      productivity,  through  contracts  or  arrangements  between a community
      college  and  a  business,   labor   organization,   or   not-for-profit
      corporations   or   other   nongovernmental   organizations,   including
      labor-management committees composed of labor,  business  and  community
      leaders  organized  to promote labor-management relations, productivity,
      the quality of working life, industrial development,  and  retention  of
      business in the community.
    
        (ii)  By  December  thirty-first,  nineteen hundred seventy-three, the
      state university trustees shall develop a new formula for the  financing
      of  the  operating costs of community colleges. Such formula may include
      maximum limitations, regulations, and incentives to  achieve  compliance
      with the code of standards and procedures for community colleges.
        The  state  university trustees shall present to the governor proposed
      legislation incorporating such formula into law for consideration during
      the nineteen hundred seventy-four regular session  of  the  legislature.
      The  state university trustees shall also present a detailed analysis of
      the fiscal impact of such a formula on the state and on  each  community
      college within the state.
        Such  formula or the amended version thereof, upon enactment into law,
      shall  replace  any  limitations  and  regulations  then  in   existence
      concerning  the  financing of community colleges promulgated pursuant to
      this section.
        (iii) The state university  trustees  shall,  on  or  before  December
      thirty-first in each year, make a report to the governor and legislature
      as  to  the  status of community college programs and curricula provided
      for in article one hundred twenty-six of this chapter. Such report shall
      also contain recommendations for  any  revision  or  alteration  in  the
      formula for financing the operating costs of community colleges.
        (iv)  The  state  university  trustees  shall  promulgate regulations,
      effective the first day of July, nineteen  hundred  seventy-four,  which
      shall  include a code of standards and procedures for the administration
      and  operation  of  community  colleges.  Such  code  of  standards  and
      procedures,  may  include,  but  not  be limited to, minimum and maximum
      standards for academic curricula, minimum and  maximum  qualitative  and
      quantitative  standards  for  facilities,  and  standard  administrative
      procedures, which may include schedules and formats for the  preparation
      and submission of annual budgets by the boards of trustees and the local
      sponsors to the state university trustees, schedules for local sponsors'
      disbursements  to  the  community  colleges  of their provided shares of
      operating costs and systems  of  accounts  for  use  by  the  boards  of
      trustees  and  the  local  sponsors  of  the  community  colleges.  Such
      regulations  may  supplement,  replace  or  amend  any  limitations  and
      regulations then in existence promulgated pursuant to this section.
        c.  The local sponsor or sponsors shall provide one-half of the amount
      of the capital costs, or so much as may be necessary, and one-third  or,
      in  the case of a college implementing a program of full opportunity for
      local residents, four-fifteenths of the operating costs, or so  much  as
      may  be necessary, by appropriations from general revenues or from funds
      derived from special tax levies earmarked in  part  or  whole  for  such
      purposes, by the use of gifts of money or, with the consent of the state
      university trustees, by the use of property, gifts of property or by the
      furnishing of services or, where a community college region is the local
      sponsor,  in  the  manner provided by section sixty-three hundred ten of
      this chapter. Where the local sponsor  or  sponsors  provide  all  or  a
      portion  of  its or their share of capital or operating costs in real or
      personal property or in services, the valuation  of  such  property  and
      services for the purpose of determining the amount of state aid shall be
      made  by the state university trustees with the approval of the director
      of the budget. Local sponsors and, in  the  case  of  community  college
      regions, any county, city or school district which has appointed members
      to  a  community  college  regional  board of trustees may authorize the
      issuance of bonds or notes pursuant  to  the  provisions  of  the  local
      finance law to provide any portion or all of its requisite share of such
      costs  for which a period of probable usefulness has been established in
      the local finance law. Where a county or city is the local sponsor of  a
    
      community  college,  or appoints members to a community college regional
      board of trustees, the expenditures  of  the  county  or  city  for  the
      college,  or  community college region, shall be a purpose of the county
      or  city  provided, however, that taxes to pay the local sponsor's share
      of operating costs, or the operating shares  of  the  community  college
      region  charged  to  the  county,  may be charged back to the cities and
      towns in the county in proportion to the number  of  students  attending
      the  community college each term who were residents of each such city or
      town at the beginning of such term.
        d. Tuition and fees charged students shall  be  fixed  so  as  not  to
      exceed  in  the aggregate more than one-third of the amount of operating
      costs of the community college.
        1-b. For the purpose of budgeting and  expending  funds  and  for  the
      purpose of determining eligibility for state financial aid for operating
      costs  pursuant to subdivision one of this section, subject to rules and
      regulations of the state university trustees and  the  approval  of  the
      director  of  the budget, the community colleges in the city of New York
      sponsored by the board of higher education or by the city  of  New  York
      where  the board of higher education has been designated as the trustees
      of such colleges, shall be treated as a single community college.
        2. Community colleges shall be empowered and authorized through  their
      boards  of  trustees,  to  accept  gifts,  grants,  bequests and devises
      absolutely or in trust for such purposes as may be appropriate or proper
      for effectuating the programs and objectives of such colleges.
        3. Nothing herein contained shall be construed to  prevent  any  local
      sponsor or sponsors from creating and operating community colleges which
      exceed  maximum  cost  limitations or allowances prescribed by the state
      university trustees, provided however, that the excess costs  over  such
      prescribed limits or allowances shall be borne and paid for or otherwise
      made available to or by such sponsors.
        4.  Where  two  or more local sponsors jointly establish and operate a
      community college, the  local  share  of  the  capital  costs  shall  be
      apportioned  among them according to their respective equalized assessed
      valuations or such  other  factors  or  bases  as  may  be  provided  or
      prescribed  in  the  plans,  standards and regulations prescribed by the
      state university trustees. The local share  of  the  operating  expenses
      shall  be  apportioned  among such joint sponsors in accordance with the
      number of students who are residents of their respective areas, or  such
      other  factors  as  may  be  prescribed  in  the  plans,  standards  and
      regulations by the state university trustees.
        5. Any community college may, with the consent  and  approval  of  its
      local  legislative  body  or  board, community college regional board of
      trustees,  or  other  appropriate  governing  agency,  and   the   state
      university trustees, require lesser tuition charges or fees from persons
      who  are residents of the sponsoring community, communities or community
      college region than the amount necessary in  the  aggregate  to  provide
      one-third  of  the  operating  costs, or provide tuition to such persons
      without charge, provided that  the  local  legislative  body  or  board,
      community  college  regional  board  of  trustees  or  other appropriate
      governing agency appropriates sufficient funds, or sufficient funds  are
      made  available  from  other  sources  to provide the amount which would
      normally be provided by such tuition and fees.  Each  community  college
      shall  provide that upon request by a student who is an eligible veteran
      the payment of tuition and fees,  less  the  amounts  payable  for  such
      purposes  from  scholarships  or other financial assistance awarded said
      veteran pursuant to  article  thirteen  of  this  chapter,  article  one
      hundred  thirty of this chapter or any other community college, state or
      federal financial aid program, shall be deferred  in  such  amounts  and
    
      until such times as the several payments of veterans' benefits under the
      Veterans'  Readjustment Benefit Act of l966, as amended, are received by
      the veteran, provided that the  veteran  has  filed  a  claim  for  such
      benefits  and  presents  to  the community college proof of eligibility,
      extent of entitlement to benefits and the need for  deferral  until  the
      receipt of such benefits.
        5-a.  Notwithstanding  the provisions of any general, special or local
      law to the contrary, the fiscal year of a community college  other  than
      in  the  city  of  New  York  and  other  than one sponsored by a school
      district, shall begin with the first day of September and end  with  the
      thirty-first  day  of  August in each year. All of the provisions of law
      fixing times or dates within which or by which  certain  acts  shall  be
      performed in relation to the preparation and adoption of the budget of a
      city  or  a  county, including but not limited to submission of a budget
      estimate, filing of a tentative budget, public hearing and adoption of a
      budget, shall apply to the budget of a community  college  sponsored  by
      such city or county but shall be correspondingly changed, as to time, to
      relate  to the commencement of the fiscal year of the community college;
      provided, however, that after the budget for the community college shall
      have been  adopted,  the  local  legislative  body  or  board  or  other
      appropriate  governing  body  shall  provide  for  the  raising of taxes
      required by such budget, without any decrease in  amount,  in  the  same
      manner  and  at  the  same time prescribed by law for the annual levy of
      taxes by or for the city or county. All of the provisions of law  fixing
      times and dates within which or by which certain acts shall be performed
      in  relation  to  the preparation and adoption of the budget of a school
      district shall apply to the budget of a community college sponsored by a
      school district. The provisions of this subdivision shall not  apply  to
      community college regions.
        5-b.  Moneys raised by taxation for maintenance of a community college
      and moneys received from all other sources for purposes of the community
      college, other than in the city of New York, shall be kept separate  and
      distinct  from any other moneys of the sponsor or sponsors and shall not
      be  used  for  any  other  purpose.  The  amount  of  taxes  levied  for
      maintenance  of  a  community college shall be credited thereto and made
      available therefor within the fiscal year of such community college. The
      provisions of this subdivision shall  not  apply  to  community  college
      regions.
        6. The local legislative body or board, or other appropriate governing
      agency, other than a community college regional board of trustees, shall
      provide the local sponsor's share of the community college operating and
      capital  costs  in  conformance  with  such  sponsor's  annual budgetary
      appropriation, and shall direct that payment of all  appropriations  for
      maintenance  of  the  college  be  made  to the board of trustees of the
      college  for  expenditure  by  the  board,  subject  to  the  terms  and
      conditions  of  such appropriations appearing in such budget and to such
      regulations regarding the custody, deposit, audit and payment thereof as
      such local legislative body or board,  or  other  appropriate  governing
      agency,  may  deem proper to carry out the terms of the budget; provided
      that any local sponsor which, as  of  January  first,  nineteen  hundred
      eighty-eight,  provided  for  audit  and  payment of charges against the
      community college in the same manner as it provides  for  other  charges
      against  the  local  sponsor,  may continue to do so for a period not to
      extend beyond September first, nineteen hundred eighty-nine.
        Such local legislative body or board, or other  appropriate  governing
      agency,  shall authorize the board of trustees of the college to elect a
      treasurer, establish a bank account or  accounts  in  the  name  of  the
      college and deposit therein moneys received or collected by the college,
    
      including  moneys  appropriated  and  paid  by the local sponsor, moneys
      received from tuition, fees, charges, sales of  products  and  services,
      and  from all other sources. The board of trustees of the college shall,
      subject  to  the  requirements  specified in or imposed pursuant to this
      subdivision, authorize  the  treasurer  to  pay  all  proper  bills  and
      accounts of the college, including salaries and wages, from funds in its
      custody.  The  treasurer shall execute a bond or official undertaking to
      the board of trustees of the college in such sum and with such  sureties
      as  that  board  shall  require, the expense of which shall be a college
      charge.
        The board of trustees of the college  similarly  shall  authorize  the
      treasurer  to  establish and maintain petty cash funds, not in excess of
      two  hundred  dollars  each,   for   specified   college   purposes   or
      undertakings,  from  which  may  be  paid, in advance of audit, properly
      itemized and verified or certified  bills  for  materials,  supplies  or
      services  furnished  to  the  college for the conduct of its affairs and
      upon terms calling for the payment  of  cash  to  the  vendor  upon  the
      delivery  of any such materials or supplies or the rendering of any such
      services. Lists of all expenditures made  from  such  petty  cash  funds
      shall  be  presented  to  the  board of trustees at each regular meeting
      thereof, together with the bills supporting such expenditures, for audit
      and the board shall direct reimbursement of such petty cash  funds  from
      the  appropriate budgetary item or items in an amount equal to the total
      of such bills which it shall so audit and allow. Any of  such  bills  or
      any portion of any of such bills as shall be disallowed upon audit shall
      be  the personal responsibility of the treasurer and such official shall
      forthwith  reimburse  such  petty  cash  fund  in  the  amount  of  such
      disallowances.
        The board of trustees of the college shall provide for periodic audits
      of  all  accounts  maintained  at  its direction and render such reports
      respecting any and all receipts and expenditures of the college  as  the
      local  legislative body or board, or other appropriate governing agency,
      may direct.
        7. The board of trustees of the  college,  or  the  community  college
      regional  board  of  trustees  may  require  any bank or banker in which
      community college moneys are on deposit or are to be deposited  to  file
      with the board a surety bond payable to the college executed by a surety
      company  authorized  to  transact business in this state and securing to
      the college the  payment  of  such  deposits  and  the  agreed  interest
      thereon,  if  any.  In  lieu of a surety bond, the board may require any
      such bank or banker to deposit with it outstanding unmatured obligations
      of the United States of America, the  state  of  New  York,  or  of  any
      municipality  or  college of the state of New York, as security for such
      moneys so deposited; but  such  obligations  shall  be  subject  to  the
      approval  of  the  board  and  shall be deposited in such place and held
      under such conditions as the board may determine.  Every  depositary  of
      college  moneys is hereby authorized and empowered to secure deposits of
      such moneys as provided in this subdivision.
        8. a. The state shall, in addition to any  other  funds  that  may  be
      appropriated  for assistance to community colleges, annually appropriate
      and pay
        (i) to the local sponsor of each community college, except a community
      college where the local sponsor has entered into an agreement  with  the
      dormitory  authority  to  finance  and  construct  a  community  college
      facility, an amount equal to  the  aggregate  of  all  rentals  and  all
      payments  due  and  payable  to  the dormitory authority pursuant to any
      lease, sublease, or other agreement entered into between  the  dormitory
      authority  and  such  local  sponsor,  whether or not such local sponsor
    
      shall be liable therefor, for each twelve-month period beginning on  the
      next succeeding July first, and
        (ii)  to  the  local sponsor of each community college where the local
      sponsor has entered into an agreement with the  dormitory  authority  to
      finance  and  construct a community college facility, an amount equal to
      one-half of all  rentals  and  all  payments  due  and  payable  to  the
      dormitory  authority pursuant to any lease, sublease, or other agreement
      entered into between the dormitory authority  and  such  local  sponsor,
      whether  or  not  such  local sponsor shall be liable therefor, for each
      twelve-month  period  beginning  on  the  next  succeeding  July  first,
      provided,  however,  if  such  a local sponsor shall thereafter agree to
      finance the costs of providing  all  or  part  of  a  community  college
      facility  the state shall, instead, annually appropriate and pay to such
      local sponsor an amount equal to that portion of  all  rentals  and  all
      payments   due  and  payable  to  the  dormitory  authority  during  the
      twelve-month period beginning on the next succeeding July first pursuant
      to any lease, sublease or other agreement providing for  such  financing
      which  portion  represents  the  state's share (one-half) of the cost of
      each facility being financed, whether or not the local sponsor shall  be
      liable to pay such rentals and payments, and
        (iii)  to  the  local  sponsor  of  each  community  college which has
      financed the entire capital cost of  constructing  a  community  college
      facility,  an  amount  equal  to  one-half of the annual debt service on
      obligations issued by such local sponsor for the purpose of constructing
      such facility. No local sponsor of a community college shall be eligible
      for assistance pursuant to the provisions of this paragraph unless:  (a)
      a  first instance appropriation has been enacted into state law prior to
      the commencement of construction; and  (b)  the  state  comptroller  has
      approved  the  interest  rate  of any and all obligations issued by such
      local sponsor after July twenty-fourth, nineteen hundred seventy-six  to
      finance  the  cost  of  such  facility  prior  to  the  issuance of such
      obligations; and (c) all contracts for the construction of such facility
      entered into by such local sponsor after  July  twenty-fourth,  nineteen
      hundred  seventy-six  have  been  approved by the director of the budget
      prior to the awarding of such contracts.
        (iv) notwithstanding any other provision  of  this  paragraph  to  the
      contrary,  if  the  dormitory  authority and the state university of New
      York shall have  entered  into  an  agreement  pursuant  to  subdivision
      twenty-one  of  section  sixteen  hundred  seventy-eight  of  the public
      authorities law and paragraph x of  subdivision  two  of  section  three
      hundred fifty-five of this chapter, the amounts otherwise payable to the
      local  sponsors  of the community colleges pursuant to this subparagraph
      on account of the state's share of  the  cost  of  each  facility  being
      financed  shall be payable to the dormitory authority in accordance with
      subdivision five of section ninety-seven-p of the state finance law.
        b. For the purposes of this subdivision, all references to  the  local
      sponsor of a community college shall be deemed, in the case of community
      college  regions, to refer to those counties, cities or school districts
      which have appointed members to a community college  regional  board  of
      trustees.
        9. a. Where construction of a community college facility has commenced
      pursuant  to the provisions of a lease, sublease or other agreement with
      the dormitory authority or prior to July twenty-fourth, nineteen hundred
      seventy-six, the local sponsor of such community college  may  elect  to
      finance  the  entire capital cost of constructing such facility pursuant
      to the provisions of subdivision ten of this section, provided, however,
      that the proceeds of obligations issued by such local sponsor to finance
      the capital cost of constructing  such  facility  may  be  paid  to  the
    
      dormitory  authority  to  the  extent  of  amounts  owing under a lease,
      sublease or other agreement with the dormitory authority entered into by
      such local sponsor with respect to such facility, and  provided  further
      that  any  such  local  sponsor  which  elected  to refinance the entire
      capital cost of constructing a community college  facility  pursuant  to
      the  provisions  of  this  subdivision,  may, at the time it enters into
      permanent financing of such facility, elect to do  so  pursuant  to  the
      provisions  of  the  dormitory  authority act or subdivision ten of this
      section.
        b. For the purposes of this subdivision, all references to  the  local
      sponsor of a community college shall be deemed, in the case of community
      college  regions, to refer to those counties, cities or school districts
      which have appointed members to a community college  regional  board  of
      trustees.
        10. a. Each local sponsor of a community college shall have full power
      and  authority  to  finance  all  or a portion of the capital costs of a
      community college facility pursuant  to  the  provisions  of  the  local
      finance law and to expend the proceeds therefrom to pay such costs.
        b.  For  the  purposes of this subdivision, the reference to the local
      sponsor of a community college shall be deemed, in the case of community
      college regions, to refer to those counties, cities or school  districts
      which  have  appointed  members to a community college regional board of
      trustees.
        11. a.  The  following  terms,  when  used  or  referred  to  in  this
      subdivision, shall have the following meaning:
        (i)  "Credit  card"  means any credit card, credit plate, charge card,
      charge plate, courtesy card,  debit  card,  other  identification  card,
      value  transfer  device  as  defined  by the state comptroller or device
      issued by a person to another person which may be used to obtain a  cash
      advance  or  a  loan  or  credit,  or  to  purchase or lease property or
      services on the credit of the person issuing the credit card or a person
      who has agreed with the issuer to pay obligations arising from  the  use
      of a credit card issued to another person.
        (ii)  "Card  issuer"  means an issuer of a credit card, charge card or
      other value transfer device.
        (iii)  "Financing  agency"  means  any  agency  defined  as  such   in
      subdivision  eighteen  of  section  four  hundred  one  of  the personal
      property law.
        (iv) "Person" means an individual,  partnership,  corporation  or  any
      other legal or commercial entity.
        b.  The  board  of trustees of any community college may determine, by
      resolution, that  it  is  in  the  public  interest  to  authorize  such
      community  college  to  enter into agreements with one or more financing
      agencies or card issuers to provide for the acceptance, by such officers
      of  the  community  college  as  may  be  designated  pursuant  to  this
      subdivision, of credit cards as a means of payment of tuition, expenses,
      fees,  charges,  revenue, financial obligations or other amounts owed by
      students to the community college. Any such agreement shall  govern  the
      terms  and  conditions  upon which a credit card proffered as a means of
      payment  of  tuition,  expenses,  fees,  charges,   revenue,   financial
      obligations  or  other  amounts  shall  be  accepted or declined and the
      manner in and conditions upon which the financing agency or card  issuer
      shall  pay  to  such  community college the amount of tuition, expenses,
      fees, charges, revenue, financial obligations or other amounts  paid  by
      means  of  a  credit card pursuant to such agreement. Any such agreement
      may provide for the payment by such community college to such  financing
      agency  or  card  issuer  of  fees  for  the  services  provided by such
      financing agency or card issuer pursuant to such agreement,  which  fees
    
      may  consist  of  a  discount deducted from or payable in respect of the
      amount of each such tuition, expense, fee,  charge,  revenue,  financial
      obligation  or  other  amount. If fees are paid by such a discount, they
      shall  be  post-audited by the officer or board of the community college
      responsible for auditing claims against the community college.
        c. Any community college which has entered into an  agreement  with  a
      financing  agency  or  card issuer as authorized by this subdivision may
      accept credit cards as a means of payment of  tuition,  expenses,  fees,
      charges, revenue, financial obligations or other amounts, as provided in
      such  agreement and may pay such fees as are specified in such agreement
      to such financing agency or card issuer in consideration of the services
      rendered  by  such  financing  agency   or   card   issuer   thereunder.
      Notwithstanding  any other provision of law to the contrary, it shall be
      the option of the board of trustees of the community college to require,
      as a condition of accepting payment by credit  card,  that  such  person
      offering  payment  by  credit  or  charge  card pay a service fee to the
      community college not exceeding costs incurred by the community  college
      in  connection  with  the  credit  or  charge  card payment transaction,
      including any fee owed by the community college to the financing  agency
      or card issuer arising from that transaction.
        d.  Contracts  entered  into  pursuant  to  this  subdivision  between
      community college and  financing  agencies  or  card  issuers  shall  be
      awarded  in  accordance  with  the  community college's written internal
      policies and procedures governing procurements.
        e. The underlying debt,  lien,  obligation,  bill,  account  or  other
      amount owed by the student to the community college for which payment by
      credit  card is accepted by the community college shall not be expunged,
      cancelled, released, discharged or satisfied, and any receipt  or  other
      evidence  of  payment  shall  be deemed conditional, until the community
      college has received final and unconditional payment of the full  amount
      due  from  the  financing  agency  or  card  issuer for such credit card
      transaction.
        f. The board of trustees, in enacting a resolution  pursuant  to  this
      subdivision,  shall  designate  which  of its officers, charged with the
      duty of collecting or  receiving  moneys  on  behalf  of  the  community
      college,  shall  be  authorized  to  accept  credit  cards as a means of
      payment  of  tuition,  expenses,  fees,  charges,   revenue,   financial
      obligations and other amounts.
        g.   Under   circumstances  where  community  colleges  are  otherwise
      authorized by law to contract for the collection of  tuition,  expenses,
      fees,  charges,  revenue,  financial  obligations or other amounts, such
      contract shall provide that the contractor  accept  credit  cards  as  a
      mechanism for payment.
        12.  a.  Notwithstanding  any  other  law to the contrary, whenever an
      officer of a community college is authorized pursuant to law to disburse
      or transfer on behalf of the community college funds in the  custody  of
      the  officer,  that  officer shall be authorized to disburse or transfer
      such funds by means of electronic or wire  transfer.  Such  disbursement
      shall be otherwise subject to applicable laws, provided that:
        (i)  the board of trustees of the community college has entered into a
      written agreement with the bank or trust company  in  which  such  funds
      have  been deposited, prescribing the manner in which electronic or wire
      transfer of such funds shall be accomplished, identifying by number  and
      name those accounts from which electronic or wire transfers may be made,
      identifying  which  officer  or  officers  are  authorized  to order the
      electronic  or  wire  transfer  of  funds  from  those   accounts,   and
      implementing  a  security procedure as defined in section 4-A-201 of the
      uniform commercial code; and
    
        (ii) the bank or trust company processing the transfer  shall  provide
      to the officer ordering the electronic or wire transfer of funds written
      confirmation  of  each  such  transaction no later than the business day
      following the day on which the funds are transmitted.
        b.  It  shall  be  the  duty of the board of trustees of the community
      college to adopt a system of internal controls for the documentation and
      reporting of all transfers or disbursements  of  funds  accomplished  by
      electronic or wire transfer.
        13.  a.  The board of trustees of any community college may determine,
      by resolution, that it is in the  public  interest  and  authorize  such
      community  college  to  provide for the acceptance of tuition, expenses,
      fees, charges, revenue, financial obligations or  other  amounts  via  a
      community college internet website. However, submission via the internet
      may  not  be  required as the sole method for the collection of tuition,
      expenses, fees, charges  and  other  amounts.  Such  payments  shall  be
      accepted  via  the  internet  in  a manner and condition defined by such
      community college. Any method used to receive  internet  payments  shall
      comply  with  article  one of the state technology law and any rules and
      regulations promulgated and guidelines developed thereunder  and,  at  a
      minimum must:
        (i) authenticate the identity of the sender; and
        (ii) ensure the security of the information transmitted.
        b.  Payments received via the internet shall be considered received by
      the appropriate officer and paid by the payor at the time  the  internet
      transaction is completed and sent by the payor.
        c.  The  underlying  debt,  lien,  obligation,  bill, account or other
      amount owed by the student to the community college for which payment by
      internet is accepted by the community college  shall  not  be  expunged,
      cancelled,  released,  discharged or satisfied, and any receipt or other
      evidence of payment shall be deemed  conditional,  until  the  community
      college  has received final and unconditional payment of the full amount
      due.
        d. The board of trustees, in enacting a resolution  pursuant  to  this
      subdivision,  shall  designate  which  of its officers, charged with the
      duty of collecting or  receiving  moneys  on  behalf  of  the  community
      college, shall be authorized to accept such payments via the internet.