New York Laws
Article 126 - Community Colleges and State-Aided Four-Year Colleges
6304 - Financing of Community Colleges.

(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.
b-1. (i) Notwithstanding any provision of law to the contrary, for the
community college fiscal year two thousand thirteen--two thousand
fourteen and thereafter, each program that confers a credit-bearing
certificate, an associate of occupational studies degree, or an
associate of applied science degree, shall demonstrate that it is
preparing students for current and future job opportunities by
partnering with employers as follows:
(A) The program is a partnership between the community college and one
or more employers to train and employ students in a specific occupation;
(B) The program has an advisory committee made up of members of whom
the majority are employers in the occupation or sector, or a related
sector, or is otherwise advised by one or more employers in the
occupation or sector, that employ or will employ workers in the region
where the community college is located, and such committee serves to
advise the community college on the program's curriculum, recruitment,
placement and evaluation so that it remains up-to-date with employer
needs; or
(C) The program is in a high-tech sector and is in demand for current
or projected job growth, including those sectors identified by the
regional economic development council, and is advised by current or
potential future employers in the occupation or sector.
(ii) On or before January first, two thousand fourteen for the
community college fiscal year two thousand thirteen--two thousand
fourteen, November first, two thousand fourteen for the community
college fiscal year two thousand fourteen--two thousand fifteen and
November first of each community college fiscal year thereafter, the
state university trustees and the city university trustees shall each
submit a job linkage report to the director of the budget, the chairs of
the senate and assembly higher education committees and the chair of the
senate finance committee and the chair of the assembly ways and means
committee, including an accounting of full time equivalent enrollment in
programs that confer credit-bearing certificates, associate of
occupational studies degrees, or associate of applied science degrees,
in such a form and manner as the director of the budget may require to
verify compliance with subparagraph (i) of this paragraph.
b-2. (i) Notwithstanding any provision of law to the contrary, within
amounts appropriated for incentive funding, the state university of New
York and city university of New York shall make awards to community
colleges from the next generation NY job linkage program incentive fund
based on measures of student success for all students enrolled in
programs that confer a credit-bearing certificate, an associate of
occupational studies degree, or an associate of applied science degree,
including, but not limited to:
(A) The number of students who are employed following degree or
certificate completion and their wage gains, if any, as determined by
the department of labor, which shall be given the greatest weighting
among all measures of student success;
(B) The number of degree completions, certificate completions and
student transfers to other institutions of higher education;
(C) The number of degree and certificate completions under clause (B)
of this paragraph by students considered academically at-risk due to
economic disadvantage or other factor of under-representation within the
field of study; veterans; and the disabled;
(D) The number of students who make adequate progress towards
completion of a degree or certificate, which may include accelerated
completion of a developmental education program;
(E) The number of degree completions in innovative programs designed
to enable students to balance school, work and other personal
responsibilities; and
(F) The number of students engaged in career and employment
opportunities including apprenticeships, cooperative education programs
or other paid work experience that is an integral part of their academic
program.
(ii) Awards shall be made on a pro-rata basis in accordance with a
methodology and in a form and manner developed by the director of the
budget, in consultation with the state university and city university.
(iii) On or before December first of each year, or an alternative date
as determined by the director of the budget in consultation with the
state university and city university, the state university trustees and
the city university trustees shall each submit a plan for approval by
the director of the budget to allocate amounts available for the next
generation NY job linkage program incentive fund in accordance with this
paragraph.
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.
Notwithstanding any provision of law to the contrary, in the case of
community college regions, a community college regional board of
trustees as finance board of the region may authorize the issuance of
bonds, notes or other evidence of indebtedness or the effectuation of a
financing transaction by the community college region with the dormitory
authority pursuant to the provisions of article eight of title four of
the public authorities law to provide all or any portion of such costs
for which a period of possible usefulness has been established in the
local finance law. Notwithstanding any other provision of law, the
community college region shall itself have the power to borrow money for
specific objects or purposes or a class or classes of objects or
purposes described in section 11.00 of the local finance law by
adoption, by two-thirds of the voting strength of the regional board of
trustees thereof, of a bond resolution as described in section 32.00 of
the local finance law and shall include the recitation described in
section 80.00 of the local finance law. Said bond resolution shall
include the power to enter into financing transactions with the
dormitory authority in accordance with the provisions of article eight
of title four of the public authorities law. Upon adoption and receipt
of the approvals described in subdivision ten of section sixty-three
hundred ten of this article, the community college region shall publish
a legal notice of estoppel as described in section 81.00 of the local
finance law, which shall be applicable to said bond resolution. A
community college region is hereby authorized to pledge any revenues or
other monies to the payment of any obligations issued, or any financing
agreement entered into with the dormitory authority.
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.
c. For purposes of this subdivision, the reference to the local
sponsor of a community college may be deemed, in the case of a community
college region, to alternatively refer to the community college regional
board of trustees thereof.
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.
c. A community college region shall have full power and authority to
finance all or a portion of the capital costs of a regional community
college facility pursuant to the provisions of article eight of title
four of the public authorities law and to expend the proceeds therefrom
to pay such costs.
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.

Structure New York Laws