Section 6310. Community college regions - administration and finance

1.
  Each community college region and community college  sponsored  by  such
  region  shall  be administered by a single board of trustees of fourteen
  members, thirteen of whom shall be appointed for terms of  seven  years,
  as  set  forth  in  this  subdivision,  and one member elected as herein
  provided, except that initial appointments shall be made  for  terms  of
  one  to nine years respectively. Seven members shall be appointed by the
  local legislative bodies or boards of those counties eligible to appoint
  members to the community college regional board of trustees.  The  seven
  locally  appointed members of such board may include one member from the
  local legislative body or board  of  each  county  eligible  to  appoint
  members  to the community college regional board of trustees. Membership
  in a community college regional board of trustees shall  be  apportioned
  among  the  counties  participating in such board in accordance with the
  number of full-time equivalent students attending  a  community  college
  sponsored  by  such  regional  board who are residents of the respective
  participating counties, and in accordance with such further  regulations
  as may be prescribed by the state university trustees. Six members shall
  be  appointed  by  the governor and one member elected by and from among
  the students of the college who shall serve as a member of the board for
  a one-year term, provided, however, that the term of the student  member
  first  elected  shall  be nine months commencing October first, nineteen
  hundred eighty-four. The student  member  shall  be  afforded  the  same
  parliamentary  privileges  as  are conferred upon members, including but
  not limited to the right to make and second motions and to  place  items
  on  the  agenda. Such student member shall be subject to every provision
  of any general, special or local law, ordinance, charter, code, rule  or
  regulation  applying  to  the  members of such board with respect to the
  discharge  of  their  duties  including,  but  not  limited  to,   those
  provisions  setting  forth  codes of ethics, disclosure requirements and
  prohibiting business and professional activities. The  election  of  the
  student   member  shall  be  conducted  in  accordance  with  rules  and
  regulations promulgated by the respective representative campus  student
  association  in  accordance  with  guidelines  established  by the state
  university trustees. In the event that the student member ceases to be a
  student at  the  institution,  he  shall  be  required  to  resign.  The
  governor's initial appointments shall be as follows: (a) two individuals
  shall be appointed for terms of two and four years respectively; (b) two
  individuals  for  terms  of  six  years and two individuals for terms of
  eight years. Appointments by local authorities shall be as follows:  (a)
  three  individuals for terms of one, three and five years, respectively;
  (b) two individuals for terms of seven years, and  two  individuals  for
  terms  of  nine  years. Vacancies shall be filled for unexpired terms in
  the same manner as original selections by the authority responsible  for
  the  original  selection.  The  board shall select its own chairman from
  among its voting membership. Trustees shall receive no compensation  for
  their  services  but shall be reimbursed for their expenses actually and
  necessarily incurred by them in the performance of  their  duties  under
  this   article.  Members  initially  appointed  or  elected  under  this
  subdivision  to  any  community  college  regional  board  of   trustees
  hereafter established shall take office immediately upon their selection
  and  qualification,  but  for  purposes of determining the expiration of
  their respective terms and  the  commencement  of  the  terms  of  their
  successors,  the  term  of  office  of each such initial member shall be
  deemed to have commenced on the first day of July of the year  in  which
  such  college  was  established.  The  terms of office of all members of
  community college regional boards of  trustees  heretofore  established,
  appointed or elected as provided in this subdivision, shall terminate on

  the  thirtieth  day of June of the calendar year within which such terms
  expire under the provisions of this subdivision as hereby  amended.  For
  the  purpose  of  determining  such  year all initial terms of office of
  appointed  members  of  the community college regional board of trustees
  heretofore established shall be deemed to have commenced  on  the  first
  day  of  July  of  the year in which such community college regions were
  established and the terms of their successors for full  terms,  if  any,
  shall  be  deemed to have commenced upon the expiration of the number of
  years from such date for which such initial appointments were made.
    The one member elected by and from among the students of  the  college
  may be removed by such students in accordance with rules and regulations
  promulgated  by the respective representative campus student association
  in accordance  with  guidelines  promulgated  by  the  state  university
  trustees.
    1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
  section, a community college region  established  to  operate  as  local
  sponsor of Jamestown community college shall be administered by a single
  board  of  trustees  of  fifteen  members,  fourteen  of  whom  shall be
  appointed for terms of seven years, except that the initial appointments
  shall be made as set forth in this subdivision, and one member who shall
  be elected by and from among the students of the college and shall serve
  as set forth in subdivision one of this section. Eight members shall  be
  appointed  by  the  local  governing  bodies  of  the  counties and city
  eligible to appoint members to the Jamestown community college  regional
  board  of  trustees, and six members shall be appointed by the governor.
  The eight locally appointed members of such board may include one member
  appointed from among the local governing bodies of the counties or  city
  eligible   to  appoint  members  to  the  regional  board  of  trustees.
  Membership in the Jamestown community college regional board of trustees
  shall  be  apportioned  in  accordance  with  the  number  of  full-time
  equivalent students attending the community college who are residents of
  the  respective  participating  counties or city, and in accordance with
  such further regulations as may be prescribed by  the  state  university
  trustees.
    Upon  the  effective date of this subdivision, and notwithstanding any
  inconsistent provision of any other law, the current Jamestown community
  college board of trustees shall be redesignated the Jamestown  community
  college  regional board of trustees and the terms of the current members
  of the Jamestown community college  board  of  trustees  shall  continue
  until their expiration or termination as provided by section sixty-three
  hundred  six of this chapter. The governor's initial appointments to the
  Jamestown community college regional  board  of  trustees  shall  be  as
  follows:  one  individual  shall be appointed for a term of three years,
  and one individual shall be appointed for a term of five years.  Initial
  appointments   by  the  local  authorities  shall  be  as  follows:  one
  individual shall be appointed for a term of two  years,  one  individual
  shall be appointed for a term of four years, and one individual shall be
  appointed  for  a  term  of  six  years.  Vacancies  shall be filled for
  unexpired terms in  the  same  manner  as  original  selections  by  the
  authority responsible for the original selection. The board shall select
  its  own  chairman  from  among  its  voting  membership. Trustees shall
  receive no compensation for their services but shall be  reimbursed  for
  their  expenses  actually  and  necessarily  incurred  by  them  in  the
  performance of  their  duties  under  this  article.  Members  initially
  appointed  or  elected  under  this subdivision to any community college
  regional board of  trustees  hereafter  established  shall  take  office
  immediately  upon their selection and qualification, but for purposes of
  determining  the  expiration  of  their   respective   terms   and   the

  commencement  of  the  terms  of their successors, the term of office of
  each such initial member shall be deemed to have commenced on the  first
  day of July of the year in which such college was established. The terms
  of  office  of  all  members  of  community  college  regional boards of
  trustees heretofore established, appointed or  elected  as  provided  in
  this  subdivision,  shall  terminate on the thirtieth day of June of the
  calendar year within which such terms expire  under  the  provisions  of
  this  subdivision as hereby amended. For the purpose of determining such
  year, all initial terms of office of appointed members of the  community
  college  regional board of trustees heretofore established and the terms
  of their successors for full terms, if any,  shall  be  deemed  to  have
  commenced  upon the expiration of the number of years from such date for
  which such initial appointments were made.
    The one member elected by and from among the students of  the  college
  may be removed by such students in accordance with rules and regulations
  promulgated  by the respective representative campus student association
  in accordance  with  guidelines  promulgated  by  the  state  university
  trustees.
    1-b.  Notwithstanding  any  provision of this article to the contrary,
  with regard to the operating costs of the Jamestown  community  college,
  the  county  of  Chautauqua, as a local sponsor of such college, may pay
  all such operating costs incurred by such county and may  also  pay  all
  such  operating costs incurred by any city within such county which is a
  local sponsor of such college. The county of Chautauqua may pay all such
  operating costs pursuant to this subdivision:
    (a) without any charge back to any city or town within such county; or
    (b) with a charge back of all or any portion of such  operating  costs
  to  the  cities  (including  the  city  of  Jamestown) and towns in such
  county, in proportion to the number of students attending such community
  college each term who were residents of each such city or  town  at  the
  beginning of such term.
    2.  Pursuant to such regulations and limitations as may be established
  and prescribed by the state university trustees, the  community  college
  regional  board  of  trustees  may  enter into any contract or agreement
  deemed necessary or appropriate  for  the  effective  operation  of  the
  college,  including:  (a)  contracts or agreements entered into with the
  federal government to  enable  participation  in  federal  student  loan
  programs, including any and all instruments required thereunder; and (b)
  contracts with non-profit corporations organized by officers, employees,
  alumni or students of the college for the furtherance of its objects and
  purposes.  Notwithstanding  the  provisions  of  any other law, general,
  special or local, such  contracts  entered  into  with  such  non-profit
  corporation  shall  not  be subject to any requirement that contracts be
  let to the lowest  responsible  bidder  after  advertisement  for  bids.
  Nothing  contained  in  this  subdivision shall be deemed to diminish or
  impair any powers or authority otherwise vested in the community college
  regional board of trustees.
    3. Pursuant to such regulations and limitations as may be  established
  and prescribed by the state university trustees with the approval of the
  director of the budget, the community college regional board of trustees
  may  participate  in  cooperative  educational  programs,  services  and
  arrangements with colleges, universities, school  districts,  boards  of
  cooperative  educational  services,  libraries,  museums  and  join  any
  cooperative association of such educational  institutions  formed  as  a
  corporation pursuant to section two hundred sixteen of this chapter.
    4.  The community college regional board of trustees is hereby created
  a body corporate.  All  property  which  is  now  vested  in,  or  shall

  hereafter  be  conveyed or transferred to the community college regional
  board of trustees, shall be held by them as a corporation.
    4-a. (a) A community college regional board of trustees shall have the
  authority to appoint security officers for the community college and, in
  its discretion, to designate or to revoke the designation of one or more
  than  one  security  officer  as  a peace officer. A security officer so
  designated shall have the powers of a peace  officer  as  set  forth  in
  section   2.20  of  the  criminal  procedure  law.  A  security  officer
  designated as a peace officer  must  have  satisfactorily  completed  or
  complete,  within  one year of the date of such designation, a course of
  law enforcement training prescribed by  the  municipal  police  training
  council  in  consultation with the state university board of trustees. A
  peace officer so designated may possess and carry a firearm as a part of
  on duty employment only if authorized to do so by the president  of  the
  community  college.  The  geographical  area  of  employment  of a peace
  officer so designated is the campus and other property of the  community
  college  at  which the peace officer serves, including that portion of a
  public highway which crosses or abuts such property, and residential  or
  other  facilities  owned,  operated,  or  maintained by a not-for-profit
  entity associated with the community  college  for  which  such  college
  provides security.
    (b)  The appointment of security officers at a community college shall
  be  governed  by  and  conform  with  civil  service  laws,  rules   and
  regulations,  if  applicable to the community college and its employees.
  The designation of a security officer as a peace officer shall be  based
  on   qualifications  established  by  the  community  college  board  of
  trustees, and  in  accordance  with  seniority.  For  purposes  of  this
  subdivision,   "seniority"  means  total  employment  service  with  the
  community college making such designation.
    (c) A security officer who has been designated  a  peace  officer  may
  have  such  designation  suspended  or  removed  pursuant  to procedures
  established by the community college or in  compliance  with  any  local
  collective  bargaining agreement, if applicable to the community college
  and its employees.
    (d) The designation of peace officers  pursuant  to  this  subdivision
  shall not be deemed to supersede in any way the authority of other peace
  officers and police officers.
    (e) Nothing contained in this section shall be construed to: (i) alter
  any  existing  collective bargaining agreement; (ii) diminish the rights
  of employees pursuant to an existing  collective  bargaining  agreement;
  (iii)  affect  existing law with respect to an application to the public
  employment relations board seeking designation by the board that certain
  persons are managerial or confidential; or (iv) alter  or  restrict  the
  power  of a county or community college sponsor or employee organization
  to negotiate with respect to  an  alternate  method  of  appointment  or
  promotion of security officers.
    5.  Two  or  more  eligible counties appointing members to a community
  college regional board of trustees shall divide the local share  of  the
  capital costs of a community college sponsored by such community college
  region according to the respective equalized assessed valuations of such
  counties  or  such  other  factors  as  may  be  prescribed by the state
  university trustees. The local share of  the  operating  expenses  of  a
  community  college  sponsored  by  a  community  college region shall be
  apportioned among those counties appointing  members  to  the  community
  college  regional  board  of  trustees on the basis of operating shares.
  Such operating shares shall be allocated in proportion to the number  of
  students  attending  the  community  college  who  are  residents of the
  respective counties participating  on  the  community  college  regional

  board,  calculated on the basis of full-time equivalent students, in the
  same manner as the allocable portion of the  local  sponsor's  share  of
  operating  costs  pursuant  to  section sixty-three hundred five of this
  chapter,  and  such  other  factors  as  may  be prescribed by the state
  university trustees. Any community  college  sponsored  by  a  community
  college  region  may, under the provisions of section six thousand three
  hundred five of this chapter, elect to charge an  allocable  portion  of
  the  operating costs incurred by the regional sponsor, and a further sum
  on account of the regional sponsor's share  of  capital  costs,  to  the
  counties  of  residence  of  students  attending  such  college  who are
  non-residents of the community college region.
    6. The final budget of the community college region as adopted by  the
  regional board of trustees and approved by the state university trustees
  shall be a charge against all of the counties appointing members to such
  board.  The  regional  board  of trustees, after approval of its budget,
  shall  certify  to  the  legislative  body  or  board  of  all  counties
  appointing  members  to such regional board the respective proportionate
  share of the capital and operating costs required to be raised  by  each
  county.  The  counties  shall add such costs, as certified, to their own
  budgets and provide such certified costs 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. Where a county provides
  all or a portion of its 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. Such funds shall be turned over to the treasurer of the
  community college sponsored by the community college region  within  the
  fiscal  year of such region. Notwithstanding any other provision of this
  subdivision, all counties appointing  members  to  a  community  college
  regional  board of trustees may require that any budget proposed by such
  regional board, which would result  in  an  increase  in  the  level  of
  contributions  to  college  revenues  by such counties over the level of
  contributions required for the previous college fiscal  year,  shall  be
  approved by the legislative body or board of all such counties.
    7. Notwithstanding the provisions of any general, special or local law
  to  the  contrary, the fiscal year of a community college sponsored by a
  community college region 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 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   a   community   college  region  but  shall  be
  correspondingly changed, as to time, to relate to  the  commencement  of
  the fiscal year of the community college region; provided, however, that
  after  the  budget  for  the  community  college  region shall have been
  adopted, the counties appointing members to a community college regional
  board of trustees 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 county.
    8.  Moneys  raised  by taxation for maintenance of a community college
  region and moneys received from all other sources for  purposes  of  the
  community  college  region  shall be kept separate and distinct from any

  other moneys of the counties appointing members to the community college
  regional board of trustees and shall not be used for any other  purpose.
  The amount of taxes levied for maintenance of a community college region
  shall  be credited thereto and made available therefor within the fiscal
  year of such community college region.
    9. The community college regional board of trustees shall direct  that
  payment of amounts for maintenance of the college be made in whole or in
  part  to the treasurer of the community college sponsored by such region
  for expenditure by such officer, subject to such  regulations  regarding
  the  custody,  deposit,  audit  and  payment  thereof  as  such board of
  trustees may deem proper.
    The board of trustees may authorize the treasurer of  the  college  to
  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 counties appointing members to the
  community college regional  board  of  trustees,  moneys  received  from
  tuition,  fees,  charges,  sales  of products and services, and from all
  other sources. The board of trustees may 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 community college regional board of trustees
  in  such  sum  and  with  such sureties as that board shall require, the
  expense of which shall be a college charge.
    The  community  college  regional  board  of  trustees  similarly  may
  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 community college regional board  of  trustees  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.
    10.  All  proposals for the acquisition or construction, including new
  construction, additions or reconstruction of college facilities  adopted
  by  a  community college regional board of trustees shall be approved by
  the legislative body or board of all counties appointing members to such
  board  of  trustees,  and  the  state  university  trustees.  Upon  such
  approvals, each participating county may finance its proportionate share
  of  the  cost  of acquisition of such facilities either from any current
  funds legally available therefor, or  by  the  issuance  of  obligations
  pursuant  to  the  local finance law. All counties participating in such
  regional board of trustees may together issue joint obligations pledging
  the full faith and credit for all  participating  counties  jointly  and
  that each such county shall pay a specified share of annual debt service
  on  such  joint obligations in accordance with the provisions of article

  five-g of the general municipal law and  applicable  provisions  of  the
  local finance law.
    11.  The community college regional board of trustees, for the purpose
  of administering the state civil service law, shall be deemed  to  be  a
  municipal  employer.  No  civil  service  rights  of  an employee of any
  community college or local sponsor shall be lost, impaired  or  affected
  by  reason  of  the  enactment of this section and related amendments of
  this article into law.
    12. For the purposes of article fourteen of the civil service law, the
  community college regional board of trustees shall be deemed to  be  the
  public  employer and as such shall negotiate with and enter into written
  agreements with employee organizations  representing  the  instructional
  staff  and  non-instructional  staff of the community colleges that have
  been certified or recognized under such article. For  purposes  of  such
  article,  the  president  of the community college shall be deemed to be
  the chief executive officer, the chief legal officer  of  the  community
  college shall be chief legal officer, and the community college regional
  board  of  trustees  shall  be  deemed to be the legislative body of the
  government. The state  public  employment  relations  board  shall  have
  exclusive  jurisdiction  for the purpose of administering the provisions
  of such article.
    13. For the purpose of this section, all references in this section to
  a "county" or "counties" shall be deemed to include a city or cities, or
  a school district or school districts, as the case may be.
    14. 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  community college regional 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, expenses, 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 community college regional 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 a
  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 community college regional 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.
    15.  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  disbursements
  shall be otherwise subject to applicable laws, provided that:
    (i)  the community college regional 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 community college regional 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.
    16. a. The  community  college  regional  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 community college regional 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.