Section 6305. Non-resident and out-of-state students

1.  In addition to
  admitting residents of its own local sponsor or sponsors, each community
  college shall, within the quota and under the conditions  prescribed  by
  the   state   university   trustees,  admit  non-resident  students  and
  out-of-state students.
    2.  Any  community  college  may,  with  the  approval  of  the  state
  university trustees, charge non-resident students sufficient tuition and
  fees  to  cover an allocable portion of the local sponsor's share of the
  operating costs of such community college in addition to regular tuition
  and fees.  Such community college may elect to  charge  to  and  collect
  from  each  county  within  the  state which has issued a certificate or
  certificates of residence pursuant to subdivision three of this  section
  on  the  basis  of  which  such non-resident students are attending such
  community college, an allocable portion of the local sponsor's share  of
  the  operating  costs  of  such  community  college attributable to such
  non-resident students, computed on a per student basis, together with  a
  further  sum  of  not  to  exceed  three hundred dollars each year to be
  determined and approved by the state university trustees for  each  such
  non-resident  student  on  account  of  the local sponsor's share of the
  capital costs incurred to provide facilities in which such  non-resident
  students  can be accommodated; or, where such non-resident students come
  from communities which  have  elected  to  participate  in  and  pay  an
  appropriate  share  of  the  expenses  involved  in  the local sponsor's
  community college program, such allocable portion of operating  expenses
  and such further sum not to exceed three hundred dollars per student for
  capital  costs  on  account  of their residents attending such community
  college shall  be  determined  and  approved  by  the  state  university
  trustees, and be charged to and collected from such communities.
    3. The chief fiscal officer of each county, as defined in section 2.00
  of  the local finance law, shall, upon application and submission to him
  of satisfactory evidence, issue to any person desiring to  enroll  in  a
  community  college as a non-resident student, a certificate of residence
  showing that said person is a resident of  said  county.  If  the  chief
  fiscal  officer  of  a county refuses to issue such a certificate on the
  ground that the person applying therefor  is  not  a  resident  of  such
  county,  the  person  applying may appeal to the chancellor of the state
  university.  The  chancellor  of  the  state  university  shall  make  a
  determination  after  a  hearing,  upon  ten  days' notice to such chief
  fiscal officer of the county, and such determination shall be final  and
  binding on the county. Such person shall, upon his registration for each
  college  year,  file  with  the  college such a certificate of residence
  issued not earlier than two months prior thereto, and  such  certificate
  of  residence  shall  be valid for a period of one year from the date of
  issuance.
    4. If, pursuant to  subdivision  two  of  this  section,  a  community
  college  elects  to  charge  to  and collect an allocable portion of the
  operating costs and a further sum on account of capital  costs  of  such
  college  from each county which has issued a certificate or certificates
  of residence pursuant to subdivision three of this section, on the basis
  of which non-resident students are attending such community college, the
  president of such community college shall, within forty-five days  after
  the  commencement  of  each college term or program, submit to the chief
  fiscal officer of each county a list of non-resident students  attending
  such  college  on  the  basis  of  such  certificates of residence and a
  voucher for the amount payable by each county for these  students.  Such
  list  and  voucher  shall  be  determined  on  the basis of non-resident
  students enrolled in the program as of the end  (or  last  day)  of  the
  third week of the commencement for a program scheduled for one semester,

  the  end  of  the second for a program scheduled for an academic quarter
  and the end of the first week for any program scheduled to be  completed
  in  thirty days or less. The chancellor of the state university, or such
  officers  or  employees thereof as shall be designated by the chancellor
  in the manner authorized by the state university trustees, shall  notify
  the  chief  fiscal  officers  of  each  county  of  the  approved annual
  operating and capital charge-back rate for each community  college.  The
  amount  billed  to  the  chief  fiscal  officer  of  each  county by the
  president of such community  college  as  a  charge  for  the  allocable
  portion  of  the operating costs and a further sum on account of capital
  costs of such college for non-resident students shall  be  paid  to  the
  chief  fiscal officer of such college by the billed county no later than
  sixty days after the county receives said billing.
    5. Amounts payable to such colleges  by  a  county  pursuant  to  this
  section  shall  be a general county charge; provided, however, that with
  respect to the amounts allocable to each community college a county  may
  charge  back such amounts in whole or in part to the cities and towns in
  the county in proportion to the number of students who, on the basis  of
  certificates  of  residence  issued  by such county, were attending each
  such college as non-residents of the local sponsors thereof  during  the
  terms  for  which the county has been charged, and who were residents of
  each such city or town at the beginning of such terms.
    7. In the case of counties comprising the city of New York, references
  in this section to a  county  shall  mean  the  city  of  New  York  and
  references in this section to the chief fiscal officer of a county shall
  mean the comptroller of the city of New York.
    8.  Part-time  and out-of-state students shall be charged such tuition
  and fees as may be  approved  by  the  state  university  trustees.  Any
  student  attending  a community college who is a member or the spouse or
  the dependent of a member of the armed forces of the  United  States  on
  full-time  active  duty  and  stationed  in this state, whether or not a
  resident of this state, shall be charged the tuition rate for  residents
  as approved by the state university trustees.
    9.  A community college may expend moneys collected as capital charges
  received from counties of nonresident students for up  to  one-half  the
  purchase  price  of  equipment.  A  community  college may include up to
  one-half the purchase price of equipment in calculating capital  charges
  collected from counties of nonresident students. Such expenditures shall
  be  made  pursuant to guidelines promulgated in rules and regulations of
  the board of trustees of the state university. In no  event  shall  such
  expenditures qualify for state aid as capital costs.
    10.  On or before March thirty-first, nineteen hundred ninety-five and
  every year thereafter, the state shall reimburse each county  which  has
  issued  a  certificate  of  residence  for  any  non-resident student in
  attendance at the fashion institute of technology  during  the  nineteen
  hundred   ninety-three--ninety-four   academic   year   and  every  year
  thereafter in an amount equal to fifty percent of the actual amount paid
  by such county on behalf of such students and on or before  June  first,
  nineteen  hundred ninety-five and every year thereafter, the state shall
  reimburse each county for the remaining  fifty  percent  of  the  actual
  amount paid by each such county on behalf of such students.