reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 33 - EDUCATION › Chapter 20 - EDUCATION OF EXCEPTIONAL CHILDREN › Section 33-2005 - ADDITIONAL DISBURSEMENT.

33-2005. ADDITIONAL DISBURSEMENT. School districts which identify and provide appropriate services to students with serious emotional disturbances at a high incidence level shall be eligible for an additional disbursement from state general funds. The state department of education shall determine the eligibility of school districts and the amount of additional disbursements. This determination shall be made in an equitable fashion and shall be limited by legislative appropriations.
History:
[33-2005, added 1996, ch. 133, sec. 3, p. 458.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 20 - EDUCATION OF EXCEPTIONAL CHILDREN › Section 33-2007 - COST OF INSTRUCTION AND POSTAGE SUBJECT TO REIMBURSEMENT.

33-2007. COST OF INSTRUCTION AND POSTAGE SUBJECT TO REIMBURSEMENT. Costs of instruction, including necessary transportation of teachers, shall be subject to reimbursement by the state department of education from state funds. Tuition charged by the University of Idaho and Idaho State College, together with necessary postage on completed lesson material, shall be paid by the school district wherein the maternity home is located, also subject to reimbursement from state funds. Costs of required books and supplies for each course shall be paid by the maternity home.
History:
[33-2007, added 1963, ch. 13, sec. 186C, as added by 1963, ch. 350, sec. 1, p. 1010.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 20 - EDUCATION OF EXCEPTIONAL CHILDREN › Section 33-2008 - OUTPATIENTS.

33-2008. OUTPATIENTS. As to expectant or delivered mothers who are outpatients of a licensed maternity home, the public school district, in which the home is located, shall provide instruction, pursuant to this chapter, for said outpatients.
History:
[33-2008, added 1963, ch. 13, sec. 186D, as added by 1963, ch. 350, sec. 1, p. 1010.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 20 - EDUCATION OF EXCEPTIONAL CHILDREN › Section 33-2009 - EDUCATION OF CHILDREN HOUSED IN JUVENILE DETENTION FACILITIES.

33-2009. EDUCATION OF CHILDREN HOUSED IN JUVENILE DETENTION FACILITIES. Every public school district in this state within which is located a detention facility housing juvenile offenders pursuant to court order shall provide, subject to rules of the state board of education, instruction in accredited courses, by a certified instructor, for the juvenile offenders under twenty-one (21) years of age who are housed in the detention facility for juvenile offenders, and shall upon satisfactory completion of required public school courses or correspondence course from a state institution of higher learning in Idaho, issue credits or a diploma evidencing such achievement. Every student served by a public school district pursuant to this section shall be counted as an exceptional child by the district for purposes of state reimbursement.
History:
[33-2009, added 1989, ch. 155, sec. 20, p. 401; am. 1998, ch. 88, sec. 9, p. 303.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 20 - EDUCATION OF EXCEPTIONAL CHILDREN › Section 33-2010 - EDUCATION OF DISABLED ADULT STUDENTS HOUSED IN ADULT CORRECTIONAL FACILITIES.

33-2010. EDUCATION OF DISABLED ADULT STUDENTS HOUSED IN ADULT CORRECTIONAL FACILITIES. Any individual eighteen (18) years of age through the semester of school in which the person attains the age of twenty-one (21) years, who is incarcerated in an adult correctional facility shall not be entitled to special education and related services unless such person was identified as a child with a disability or had an individualized education program under part B of the federal individuals with disabilities education act (IDEA) in his last educational placement prior to incarceration.
History:
[33-2010, added 1998, ch. 23, sec. 2, p. 139; am. 2002, ch. 70, sec. 1, p. 156.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2101A - JUNIOR COLLEGE SHALL MEAN COMMUNITY COLLEGE.

33-2101A. JUNIOR COLLEGE SHALL MEAN COMMUNITY COLLEGE. Notwithstanding any other provision of law, in sections 21-805, 21-806, 21-809, 23-404, 33-101, 33-107, 33-107B, 33-601, 33-1252, 33-2101, 33-2102, 33-2103, 33-2104, 33-2105, 33-2106, 33-2107, 33-2107A, 33-2107B, 33-2107C, 33-2108, 33-2109A, 33-2110, 33-2110A, 33-2110B, 33-2111, 33-2112, 33-2113, 33-2114, 33-2115, 33-2116, 33-2117, 33-2118, 33-2119, 33-2121, 33-2122, 33-2123, 33-2124, 33-2125, 33-2126, 33-2130, 33-2135, 33-2137, 33-2138, 33-2139, 33-2141, 33-2142, 33-2143, 33-2144, 33-2211, 33-3716, 33-4001, 33-4003, 33-4004, 33-4006, 33-4201, 46-314, 50-1721, 57-1105A, 59-1324, 67-2320, 67-2322 and 67-5332, Idaho Code, the term "junior college" shall mean and shall be denoted as "community college."
History:
[33-2101A, added 1987, ch. 94, sec. 1, p. 186; am. 1996, ch. 322, sec. 30, p. 1060; am. 1997, ch. 275, sec. 3, p. 818; am. 2000, ch. 285, sec. 20, p. 959; am. 2001, ch. 331, sec. 10, p. 1165; am. 2006, ch. 380, sec. 1, p. 1175; am. 2011, ch. 39, sec. 3, p. 95; am. 2013, ch. 72, sec. 10, p. 187; am. 2022, ch. 111, sec. 23, p. 384; am. 2022, ch. 216, sec. 13, p. 698.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2102 - COURSES OF STUDY.

33-2102. COURSES OF STUDY. A community college established pursuant to the provisions of this chapter shall give instruction in academic subjects, and in such nonacademic subjects as shall be authorized by its board of trustees.
The academic courses given and the instruction therein shall be of the same standard as the same are given and taught in the first two (2) years of any other state institution of higher education, and credits therefor shall be accepted by other state institutions for credit toward a baccalaureate degree, pursuant to section 33-3728, Idaho Code.
History:
[33-2102, added 1963, ch. 363, sec. 2, p. 1037; am. 1987, ch. 48, sec. 2, p. 77; am. 2018, ch. 96, sec. 1, p. 204.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2103 - MINIMUM REQUIREMENTS FOR THE FORMATION OF A JUNIOR COLLEGE DISTRICT.

33-2103. MINIMUM REQUIREMENTS FOR THE FORMATION OF A JUNIOR COLLEGE DISTRICT. A junior college district shall include (a) the area, or any part thereof, of four (4) or more school districts and the area or any part thereof, of one (1) or more counties having an aggregate enrollment in grades nine (9) through twelve (12) during the school year, next preceding the organization of such district, of not less than two thousand (2000) students, and (b) property having market value for assessment purposes as shown by the equalized assessment rolls of real and personal property for the preceding calendar year of not less than one hundred million dollars ($100,000,000).
The state board of education in considering a petition filed pursuant to section 33-2104, Idaho Code, shall verify all the above requirements, as well as determine the number of the students expected to attend and the facilities available, or to be made available, for operation of the school.
History:
[33-2103, added 1963, ch. 363, sec. 3, p. 1037; am. 1965, ch. 238, sec. 2, p. 576; am. 1980, ch. 350, sec. 13, p. 902.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2105 - ADDITION OF TERRITORY TO COMMUNITY COLLEGE DISTRICTS.

33-2105. ADDITION OF TERRITORY TO COMMUNITY COLLEGE DISTRICTS. Any territory not in an existing community college district may become a part of a community college district by a vote of the school district electors resident of said territory, voting at an election called and held as herein provided.
A petition signed by not less than one hundred (100) school district electors of the territory proposed to be added to the community college district, or twenty percent (20%) of the school district electors within the territory, whichever is the lesser, describing the boundaries of the territory, and a true copy thereof, shall be filed with the board of trustees of the community college district. The board shall forward the original of said petition, with its recommendations, to the state board of education, and a copy thereof to the board of county commissioners of the home county of the community college district. The state board of education shall consider such petition, as it is required to consider a petition for the formation of a community college district. If it approve the petition, notice to that effect shall be given the board of trustees of the community college district and to the board of county commissioners of the home county of the community college district.
When any such petition has been approved by the state board of education, an election shall be held in the manner of elections for the creation of a community college district, except that polling places shall be established only in the territory proposed to be added to the district. The question shall be deemed approved only if a majority of the votes cast in the territory were cast in favor of the proposal, and if this be the case, the territory shall be part of said community college district with all the force and effect as though said territory had been originally included in said community college district at the time of its original organization.
Notices to and by boards of county commissioners and to the state board of education shall be as provided in section 33-2104, Idaho Code. The state board of education shall notify the state liquor division that such territory has become a part of the community college district.
History:
[33-2105, added 1963, ch. 363, sec. 5, p. 1037; am. 2009, ch. 23, sec. 57, p. 69.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2107 - GENERAL POWERS OF THE BOARD OF TRUSTEES.

33-2107. GENERAL POWERS OF THE BOARD OF TRUSTEES. The board of trustees of each community college district shall have the power:
(1) To adopt policies and regulations for its own government and the government of the college;
(2) To employ legal counsel and other professional and nonprofessional persons, and to prescribe their qualifications;
(3) To acquire and hold, and to dispose of, real and personal property, and to construct, repair, remodel and remove buildings in the manner prescribed for trustees of school districts pursuant to sections 33-301 and 33-601, Idaho Code;
(4) To contract for the acquisition, purchase or repair of buildings in the manner prescribed for trustees of school districts pursuant to section 33-601, Idaho Code;
(5) To issue general obligation or revenue bonds in the manner now, or as may be, prescribed by law;
(6) To convey and transfer real property of the district upon which no college buildings used for instruction are situated, to nonprofit corporations, school districts, junior college housing commissions, counties or municipalities, with or without consideration; to rent real or personal property for the use of the college, its students or faculty, for such terms as may be determined by the board of trustees; to lease real property of the district not actually in use for college instructional purposes for such terms as may be determined by the board; and to lease real property and improvements to the Idaho state building authority, for a term not to exceed fifty (50) years, with or without consideration, and to enter into agreements with the Idaho state building authority for the Idaho state building authority to provide a facility, pursuant to section 67-6410, Idaho Code;
(7) To acquire, hold and dispose of water rights;
(8) To accept grants or gifts of money, materials or property of any kind from any governmental agency, or from any person, firm or association, on such terms as may be determined by the granter;
(9) To cooperate with any governmental agency, or any person, firm or association in the conduct of any educational program; to accept grants from any source for the conduct of such program; and to conduct such program on, or off, campus;
(10) To invest any funds of the district in such securities, and apply the interest or profits from such investment, as prescribed for the investment of the funds, and the application of the interest or profits, in the case of school district boards of trustees.
History:
[33-2107, added 1963, ch. 363, sec. 7, p. 1037; am. 2003, ch. 349, sec. 6, p. 936; am. 2016, ch. 108, sec. 1, p. 312.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2107A - ESTABLISHMENT AND OPERATION OF THIRD AND FOURTH YEAR COLLEGE CURRICULUM IN COMMUNITY COLLEGE DISTRICTS.

33-2107A. ESTABLISHMENT AND OPERATION OF THIRD AND FOURTH YEAR COLLEGE CURRICULUM IN COMMUNITY COLLEGE DISTRICTS. (1) The board of trustees of a community college district of an urban area, upon filing with the state board of education a notice of intent to exercise the powers herein granted, shall thereafter be authorized and empowered to organize and operate an upper division consisting of the third and fourth years of college curriculum with powers to grant baccalaureate degrees in liberal arts and sciences, business and education. Upper division courses and programs are subject to approval pursuant to section 33-107(8), Idaho Code. The operation of the community college and the upper division shall be kept separate; however, the joint use of facilities is authorized provided a proper cost allocation is made.
(2) The buildings and equipment for the use of upper divisions may be purchased, leased, constructed, maintained, and administered from funds obtained by the board of trustees’ levy. Such levy shall not exceed two hundredths percent (.02%) of the market value for assessment purposes on all taxable property within the taxing district. Said board under section 33-2113, Idaho Code, may obtain capital funds through issuance of general obligation bonds for such equipment and buildings, with the total tax levy for operation and bonds of the upper division not to exceed the levy limit authorized in this section. Such tax shall be certified and levied as provided for other taxes of the district. The legislature may appropriate funds for the cost of operations of upper divisions. All other costs of operation of upper divisions shall be provided by tuition and fees paid by the student. Gifts and grants may be accepted by the board of trustees for this or other purposes.
(3) A student who has been a resident of the community college district pursuant to section 33-2110B, Idaho Code, for not less than one (1) year at time of admission to the upper division, or who has completed the first two (2) years in the college, shall be given preference for admission to the upper division.
History:
[33-2107A, added 1965, ch. 16, sec. 4, p. 27; am. 1995, ch. 82, sec. 12, p. 225; am. 2017, ch. 70, sec. 1, p. 169; am. 2023, ch. 194, sec. 1, p. 532.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2107B - POWERS GRANTED BY PRECEDING SECTION IN ADDITION TO OTHER POWERS.

33-2107B. POWERS GRANTED BY PRECEDING SECTION IN ADDITION TO OTHER POWERS. The provisions of this act shall be in addition to all powers and authorities heretofore vested by law or by regulation of the state board of education in the board of trustees of a community college district and all provisions of sections 33-2101, 33-2103 through 33-2115, Idaho Code, and any additions or supplements amendatory thereto, shall be applicable to providing the third and fourth year college curriculum within such community college districts, unless the same are specifically in contradiction with any provision of this act.
History:
[33-2107B, added 1965, ch. 16, sec. 2, p. 27; am. 2017, ch. 70, sec. 2, p. 170.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2107C - DEFINITION OF URBAN AREA DISTRICTS EMPOWERED TO CREATE UPPER DIVISIONS.

33-2107C. DEFINITION OF URBAN AREA DISTRICTS EMPOWERED TO CREATE UPPER DIVISIONS. The powers provided herein for instruction of the third and fourth year college curriculum shall be exercisable only by community college districts which at the date of the filing of notice of establishment of upper divisions as required are urban area districts, which is defined as a taxing district containing: (a) market value for assessment purposes of taxable property of not less than three hundred fifty million dollars ($350,000,000); and (b) a population of not less than ninety thousand (90,000) persons, in the taxing district where the college is located.
History:
[33-2107C, added 1965, ch. 16, sec. 3, p. 27; am. 1980, ch. 350, sec. 14, p. 902; am. 2017, ch. 70, sec. 3, p. 170.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2108 - JUNIOR COLLEGE DISTRICTS PUBLIC CORPORATIONS — SUE AND BE SUED — CORPORATE SEAL.

33-2108. JUNIOR COLLEGE DISTRICTS PUBLIC CORPORATIONS — SUE AND BE SUED — CORPORATE SEAL. Each junior college district shall be a public corporation, may sue and be sued in its corporate name, and shall have an official seal which shall be judicially noticed.
History:
[33-2108, added 1963, ch. 363, sec. 8, p. 1037.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2109 - PRESIDENT — INSTRUCTORS AND OTHER EMPLOYEES — REQUIREMENTS FOR ADMISSION AND GRADUATION — CERTIFICATES AND DIPLOMAS — TEXTBOOKS AND EQUIPMENT.

33-2109. PRESIDENT — INSTRUCTORS AND OTHER EMPLOYEES — REQUIREMENTS FOR ADMISSION AND GRADUATION — CERTIFICATES AND DIPLOMAS — TEXTBOOKS AND EQUIPMENT. The board of trustees shall elect a president of the college and, upon his recommendation, appoint such officers, instructors, specialists, clerks and other personnel as it may deem necessary; fix their salaries, and prescribe their duties. It shall fix the requirements for admission, and the time and standard of graduation, and issue such certificates for graduation and diplomas as may be deemed suitable. It shall prescribe the textbooks, and provide suitable apparatus, furniture and equipment for carrying on the work of the college.
History:
[33-2109, added 1963, ch. 363, sec. 9, p. 1037.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2109A - USE OF UNUSED SICK LEAVE.

33-2109A. USE OF UNUSED SICK LEAVE. Upon separation from employment with the community college district by retirement, in accordance with chapter 13, title 59, Idaho Code, or with chapter 1, title 33, Idaho Code, an employee shall be accorded credit for unused sick leave as provided in section 67-5333, Idaho Code. Each community college district shall contribute to the sick leave account for the purposes of this section, as provided in subsection (2)(c) of section 67-5333, Idaho Code.
History:
[33-2109A, added 1983, ch. 100, sec. 1, p. 218; am. 1997, ch. 275, sec. 4, p. 818; am. 2006, ch. 380, sec. 2, p. 1176.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2111 - TAXES AND OTHER FINANCIAL SUPPORT FOR COMMUNITY COLLEGES.

33-2111. TAXES AND OTHER FINANCIAL SUPPORT FOR COMMUNITY COLLEGES. For the maintenance and operation of each community college, in addition to the income from tuition paid by students as hereinbefore provided, the board of trustees may levy upon the taxable property within the district a tax not to exceed one hundred twenty-five thousandths percent (.125%) of the market value for assessment purposes on all taxable property within the district.
The tax levy determined by the board of trustees, within said limit, shall be certified to the board of county commissioners in each county in which the district may lie, not later than the second Monday in September of each year. No levy in excess of one hundred twenty-five thousandths percent (.125%) of the market value for assessment purposes on all taxable property within the district shall be made unless a supplemental levy in a specified amount be first authorized through an election held, as provided in title 34, Idaho Code, as if the community college district were a school district and approved by a majority of the district electors voting in such election.
History:
[33-2111, added 1963, ch. 363, sec. 11, p. 1037; am. 1979, ch. 291, sec. 1, p. 769; am. 1980, ch. 242, sec. 1, p. 561; am. 1982, ch. 255, sec. 8, p. 661; am. 1995, ch. 82, sec. 13, p. 226; am. 1996, ch. 322, sec. 32, p. 1063; am. 2007, ch. 129, sec. 1, p. 386; am. 2009, ch. 341, sec. 51, p. 1027.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2112 - ADDITIONAL TAX LEVY FOR GYMNASIUM AND GROUNDS.

33-2112. ADDITIONAL TAX LEVY FOR GYMNASIUM AND GROUNDS. The board of trustees of any community college district may levy a tax not exceeding one one-hundredth percent (.01%) on each dollar of the assessed value of the taxable property within the district for the maintenance and care of the gymnasium and college grounds of the district, in addition to other taxes authorized by law for the maintenance and support of the community college.
History:
[33-2112, added 1963, ch. 363, sec. 12, p. 1037; am. 1991, ch. 315, sec. 1, p. 823; am. 1996, ch. 208, sec. 10, p. 668; am. 1996, ch. 322, sec. 33, p. 1063.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2113 - CAPITAL FUNDS.

33-2113. CAPITAL FUNDS. (1) The board of trustees of each junior college district may issue general obligation bonds in the manner and form, and for the same purposes, as prescribed for public school districts, the maximum amount of general obligation bonds outstanding, computed in the manner so prescribed shall not at any time exceed one per cent (1%) of the market value for assessment purposes of the taxable property in the district. The board may also create a plant facilities reserve fund in the manner, and for the same purposes, as prescribed for school districts.
(2) Tax levies for the purposes of this section shall be certified to the board of county commissioners at the same time as are certified the tax levies provided in section 33-2111, Idaho Code.
(3) The board of trustees of each junior or community college district may issue bonds in the same manner and form, and for the same purposes as state institutions of higher education pursuant to chapter 38, title 33, Idaho Code.
History:
[33-2113, added 1963, ch. 363, sec. 13, p. 1037; am. 1980, ch. 350, sec. 15, p. 902; am. 1987, ch. 264, sec. 1, p. 556.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2114 - REPORTS OF JUNIOR COLLEGE DISTRICTS.

33-2114. REPORTS OF JUNIOR COLLEGE DISTRICTS. The board of trustees of each junior college district shall cause to be made, annually, a full and complete audit of the financial transactions of the district. Such audit shall be made by and under the direction of the board of trustees by an independent auditor in accordance with generally accepted auditing standards and procedures. The auditor shall be employed on written contract.
One (1) copy of the audit report shall be filed with the legislative services office, and one (1) copy with the state board of education, not more than ten (10) days after its acceptance by the board of trustees.
The state board of education may at its discretion direct the board of trustees of any junior college district to cause to be made an examination of the books and accounts of their district, as provided for public school districts.
The board of trustees shall submit to the state board of education such other reports as the state board may from time to time require.
History:
[33-2114, added 1963, ch. 363, sec. 14, p. 1037; am. 1977, ch. 71, sec. 4, p. 139; am. 1993, ch. 327, sec. 16, p. 1208; am. 1996, ch. 159, sec. 14, p. 516.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2115 - COUNTIES, CITIES, SCHOOL DISTRICTS AND BOARDS TO COOPERATE.

33-2115. COUNTIES, CITIES, SCHOOL DISTRICTS AND BOARDS TO COOPERATE. (1) The county commissioners of the county in which any community college is located, the mayor and council of the city in or adjacent to which a community college is located, and the board of trustees of the school district in such city, whether operating under special charter or general law, shall be and hereby are authorized and empowered to cooperate with the board of trustees of the community college district, and to permit the use, for community college purposes, of such buildings, grounds, athletic fields, gymnasiums, libraries, laboratories and other equipment and facilities, as are not at the time required for other purposes by such county, city or school district.
(2) The boards of trustees of community college districts shall be and hereby are authorized and empowered to cooperate with the county commissioners, mayors, city councils and school district boards of trustees identified in subsection (1) of this section and to permit the use, for such county, city and school district purposes, of such buildings, grounds, athletic fields, gymnasiums, libraries, laboratories and other equipment and facilities, as are not at the time required for other purposes by the community college.
History:
[33-2115, added 1939, ch. 32, sec. 14, p. 62; am. 2004, ch. 381, sec. 1, p. 1143.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2116 - DORMITORY HOUSING PROJECTS — STUDENT UNION BUILDINGS — FINDING AND DECLARATION OF NECESSITY.

33-2116. DORMITORY HOUSING PROJECTS — STUDENT UNION BUILDINGS — FINDING AND DECLARATION OF NECESSITY. It is hereby declared: That in certain communities within the state wherein junior college districts have been created there are and will be insufficient housing and other facilities for students desiring to attend such junior colleges, and that it is in the community interest to provide adequate low-cost dormitories and student union buildings for students desiring to attend such institutions; that private sources cannot provide the types of such housing and facilities required for such students within the cost which said students may pay; that it is determined to be desirable that such dormitories and student union buildings be constructed from moneys obtained from other than ad valorem taxes and without any liability, debt or encumbrance upon junior college districts; and the necessity and the public interest in the provisions hereinafter enacted are hereby declared as a matter of legislative determination.
History:
[33-2116, added 1957, ch. 87, sec. 1, p. 137; am. 1961, ch. 30, sec. 1, p. 40.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2118 - CREATION OF DORMITORY HOUSING COMMISSIONS.

33-2118. CREATION OF DORMITORY HOUSING COMMISSIONS. In each junior college district of the state there is hereby created an independent public body corporate and politic to be known as a dormitory housing commission which shall not be an agency of the junior college district; provided, however, that such commission shall not transact any business or exercise its powers hereunder until or unless the board of trustees of the junior college district, by proper resolution, shall declare at any time hereafter that there is need for a commission to function in such district. The determination as to whether or not there is such need for a commission to function (a) may be made by the governing body on its own motion or (b) shall be made by the governing body upon the filing of a petition signed by twenty-five (25) residents of the district asserting that there is need for a commission to function in such district and requesting that the governing body so declare.
The governing body shall adopt a resolution declaring that there is need for a dormitory or dormitories at the junior college operated by such district, and shall set out in said resolution its finding, setting forth the necessity for such dormitory or dormitories, including such facts as it may find proper supporting such resolution.
In any suit, action or proceeding involving the validity or enforcement of, or relating to any contract of, the commission, the commission shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder, upon proof of the adoption of a resolution by the board of trustees of a junior college district declaring the need for the commission. Such resolution or resolutions shall be deemed sufficient if it declares that there is such need for a commission and finds in substantially the foregoing terms (no further detail being necessary) that such conditions exist in the junior college district. A copy of such resolution, duly certified by the clerk, shall be admissible in evidence in any suit, action or proceeding.
History:
[33-2118, added 1957, ch. 87, sec. 3, p. 137.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2119 - APPOINTMENT, QUALIFICATIONS AND TENURE OF COMMISSIONERS.

33-2119. APPOINTMENT, QUALIFICATIONS AND TENURE OF COMMISSIONERS. When the board of trustees of a junior college district adopts a resolution as set forth in the preceding section, the clerk of said board shall promptly transmit a certified copy of said resolution to the governor of the state of Idaho, and the governor shall promptly thereafter appoint three (3) persons as commissioners of the commission created for said district. The governor shall certify to the clerk of the district the names of the persons so appointed, and the clerk shall notify said persons in writing of their appointment and the term for which each of them is appointed. The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2) and three (3) years respectively, from the date of their appointment, but thereafter commissioners shall be appointed as aforesaid for a term of office of 3 years, except that all vacancies shall be filled for the unexpired term. No commissioner may be an officer of [or] employee of the junior college district for which the commission is created. A commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk, and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. A commissioner shall receive no compensation for his services for the authority in any capacity, but he shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of his duties.
The powers of each commission shall be vested in the commissioners thereof in office from time to time. Two (2) commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of the commissioners present. The by-laws of the commission shall designate which of the commissioners appointed shall be the first chairman, and such chairman shall serve in the capacity of chairman until the expiration of his term of office as commissioner. When the office of the chairman thereafter becomes vacant, the commissioners shall select a chairman from their number. The commissioners shall select from their number a vice-chairman, and may employ a secretary (who may be executive director), technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. The persons employed by the commission may be employees of the junior college district but shall not be trustees of the district. For such legal services as it may require, the commission may employ its own counsel. The commission may delegate to one (1) or more of its agents or employees such powers or duties as it may deem proper.
History:
[33-2119, added 1957, ch. 87, sec. 4, p. 137.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2120 - INTERESTED COMMISSIONERS OR EMPLOYEES.

33-2120. INTERESTED COMMISSIONERS OR EMPLOYEES. No commissioner or employee shall acquire any interest, direct or indirect, in any dormitory project or in any property included or planned to be included in any project, nor shall he have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any dormitory project. If any commissioner or employee owns or controls an interest, direct or indirect, in any property included or planned to be included, in any dormitory project, he immediately shall disclose the same in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Failure to so disclose such interest shall constitute misconduct in office. Upon such disclosure such commissioner or employee shall not participate in any action affecting such property or have any further connection or position with the commission.
History:
[33-2120, added 1957, ch. 87, sec. 5, p. 137.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2121 - REMOVAL OF COMMISSIONERS.

33-2121. REMOVAL OF COMMISSIONERS. For inefficiency or neglect of duty or misconduct in office, a commissioner may be removed by the governor of Idaho upon receiving a resolution therefor by junior college trustees requesting such removal and setting out the grounds and reasons for such request, but a commissioner shall be removed only after he shall have been given a copy of the resolution at least ten (10) days prior to a hearing thereon if a hearing is requested to be held before the governor and has had an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner pursuant to this section, a report of the proceeding, together with the charges and findings thereon, shall be filed in the office of the clerk of the district.
History:
[33-2121, added 1957, ch. 87, sec. 6, p. 137.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2123 - OPERATION NOT FOR PROFIT.

33-2123. OPERATION NOT FOR PROFIT. It is hereby declared to be the policy of this state that each dormitory housing commission shall manage and operate or contract for the operation or management of its dormitory housing project in an efficient manner so as to enable it to fix the rentals to students at said junior college at the lowest possible rates consistent with providing decent, safe and sanitary accommodations, and no dormitory housing commission shall construct or operate any such project for profit or as a source of revenue to the junior college district; provided, however, that such commission shall fix the rentals for such dormitory at no higher rates than it shall find necessary in order to produce revenues (a) to pay, as the same become due, the principal and interest on the bonds of the commission, (b) to meet the cost of and to provide for maintaining and operating the projects (including the cost of any insurance) and the administrative expenses of the commission; and (c) to create (during not less than the six (6) years immediately succeeding its issuance of any bonds) a reserve sufficient to meet the largest principal and interest payments which will be due on such bonds in any one year thereafter, and to maintain such reserve.
History:
[33-2123, added 1957, ch. 87, sec. 8, p. 137.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2124 - PLANNING, ZONING AND BUILDING LAWS.

33-2124. PLANNING, ZONING AND BUILDING LAWS. All dormitory housing projects of a commission shall be subject to the planning, zoning, sanitary and buildings laws, ordinances and regulations applicable to the locality in which the dormitory is situated. In the planning and location of any dormitory the commission shall take into consideration the general plan of the junior college campus and shall confer and cooperate with the board of trustees so that such dormitory, both in architecture and location, shall comply with the plan of development of said junior college.
History:
[33-2124, added 1957, ch. 87, sec. 9, p. 137.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2125 - BONDS.

33-2125. BONDS. A dormitory housing commission shall have power to issue bonds from time to time in its discretion, for any of its corporate purposes. A commission shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. In order to carry out the purposes of this act, a commission may issue, upon proper resolution, bonds on which the principal and interest are payable (a) exclusively from the income and revenue of a dormitory project financed with the proceeds of such bonds; or (b) exclusively from such income and revenues together with grants and contributions from the federal government or other source in aid of such project; provided that the proceeds of grants of funds and moneys received or to be received from the United States of America or any agency or instrumentality thereof, pursuant to agreements entered into between the commission and the United States of America or any agency or instrumentality thereof prior to the issuance of the bonds, may be considered as revenue of the project for which such bonds are issued.
Neither the commissioners nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of a commission (and such bonds and obligations shall so state on their face) shall not be a debt or liability, direct or indirect, of the junior college district, the state, or any political subdivision thereof, and neither the junior college district, the state or any political subdivision thereof, shall be liable thereon, nor in any event shall such bonds or obligations be payable out of any funds other than those of the commission or funds due the commission. Bonds of a commission are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes.
History:
[33-2125, added 1957, ch. 87, sec. 10, p. 137; am. 1970, ch. 80, sec. 1, p. 196.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2126 - FORM AND SALE OF BONDS.

33-2126. FORM AND SALE OF BONDS. When the commission shall find the proposed dormitory project or projects to be necessary for the proper operation of the junior college and economically feasible and such finding is recorded in the minutes of the commission, the commission shall be authorized by its resolution (and) [to issue bonds which] may be issued in one (1) or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture, or the bonds so issued may provide.
The bonds may be sold at public sale at not less than par; provided, however, that if such bonds are sold to the United States of America or an agency or instrumentality thereof, they may be sold at private sale.
In case any of the commissioners or officers of the commission whose signatures appear on any bonds or coupons shall cease to be such commissioners or officers before the delivery of such bonds, such signature shall, nevertheless, be valid and sufficient for all purposes, the same as if such commissioners or officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this act shall be fully negotiable.
In any suit, action or proceedings involving the validity or enforceability of any bond of a commission or the security therefor, any such bond, reciting in substance that it has been issued by the commission to aid in financing a dormitory housing project to provide dwelling accommodations for students attending a junior college, shall be conclusively deemed to have been issued for a dormitory housing project of such character, and said project shall be conclusively deemed to have been planned, located and constructed in accordance with purposes and provisions of this act.
History:
[33-2126, added 1957, ch. 87, sec. 11, p. 137; am. 1970, ch. 80, sec. 2, p. 196.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2128 - REMEDIES OF AN OBLIGEE OF COMMISSION.

33-2128. REMEDIES OF AN OBLIGEE OF COMMISSION. An obligee of a commission shall have the right in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee;
(a) By mandamus, suit, action or proceedings at law or in equity to compel said commission and the commissioners, officers, agents or employees thereof to perform each and every term, provision and covenant contained in any contract of said commission with or for the benefit of such obligee, and to require the carrying out of any or all such covenants and agreements of said commission or the district and the fulfillment of all duties imposed upon said authority by this act.
(b) By suit, action or proceeding in equity, to enjoin any acts or things which may be unlawful, or the violation of any of the rights of such obligee of said commission.
History:
[33-2128, added 1957, ch. 87, sec. 13, p. 137.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2129 - ADDITIONAL REMEDIES CONFERRABLE BY COMMISSION.

33-2129. ADDITIONAL REMEDIES CONFERRABLE BY COMMISSION. The commission shall have power by its resolution, trust indenture, lease or other contract, to confer upon any obligee holding or representing a specified amount in bonds, or holding a lease, the right (in addition to all rights that may otherwise be conferred), upon the happening of an event of default as defined in such resolution or instrument, by suit, action or proceeding in any court of competent jurisdiction:
(a) To cause possession of any dormitory housing project or any part thereof to be surrendered to any such obligee, which possession may be retained by such bondholder or trustee so long as said commission shall continue in default.
(b) To obtain the appointment of a receiver of any dormitory housing project of said authority or any part thereof, and of the rents and profits therefrom. If such receiver be appointed, he may enter and take possession of such dormitory housing project or any part thereof and (so long as said commission shall continue to be in default) operate and maintain the same, and collect and receive all fees, rents, revenues or other charges thereafter arising therefrom, and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligation of said commission as the court shall direct.
(c) To require said commission and the commissioners thereof to account as if it and they were the trustees of an express trust.
History:
[33-2129, added 1957, ch. 87, sec. 14, p. 137.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2130 - CONSTRUCTION OF POWERS CONFERRED.

33-2130. CONSTRUCTION OF POWERS CONFERRED. Nothing in this act or any other law shall be construed as authorizing a dormitory housing commission to levy or collect taxes or assessments, to create any indebtedness payable out of taxes or assessments, or in any manner to pledge the credit of the junior college district, the state or any subdivision thereof; nor shall any provision of this act or other law be construed as authorizing a dormitory housing commission to mortgage or otherwise encumber property of any kind, real, personal or mixed, or any interest therein, but this section shall not be construed as preventing the pledge of the revenues of a dormitory housing commission as authorized in this act.
History:
[33-2130, added 1957, ch. 87, sec. 15, p. 137.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2131 - EXEMPTION OF PROPERTY FROM EXECUTION SALE.

33-2131. EXEMPTION OF PROPERTY FROM EXECUTION SALE. All real property of an authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same, nor shall any judgment against a dormitory housing commission be a charge or lien upon its real property; provided, however, that the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by an authority on its rents, fees or revenues.
History:
[33-2131, added 1957, ch. 87, sec. 16, p. 137.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2132 - AID FROM FEDERAL GOVERNMENT.

33-2132. AID FROM FEDERAL GOVERNMENT. In addition to the powers conferred upon a dormitory housing commission by other provisions of this act, a dormitory housing commission is empowered to borrow money or accept contributions, grants or other financial assistance from the federal government for or in aid of any dormitory housing project within its area of operation, to take over or lease or manage any dormitory housing project or undertaking constructed or owned by the federal government, and to these ends, to comply with such conditions and to make such trust indentures, leases or agreements as may be necessary, convenient or desirable. It is the purpose and intent of this act to authorize every dormitory housing commission to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance or operation of any dormitory housing project by such dormitory housing commission.
History:
[33-2132, added 1957, ch. 87, sec. 17, p. 137.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2133 - TAX EXEMPTION.

33-2133. TAX EXEMPTION. The property of a dormitory housing commission is declared to be public property used for essential public and educational purposes, and such property and a dormitory housing commission shall be exempt from all taxes and special assessments of the city, the county, the state or any political subdivision thereof; except that such commission may contract to pay special charges for sewerage, water, or other special services of like nature, in order to obtain such services, but not as a tax.
History:
[33-2133, added 1957, ch. 87, sec. 18, p. 137.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2134 - REPORTS.

33-2134. REPORTS. At least once a year, the dormitory housing commission shall file with the clerk a report of its activities for the preceding year together with an accounting of its operations, and shall make recommendations with reference to such additional legislation or other action as it deems necessary in order to carry out the purposes of this act.
History:
[33-2134, added 1957, ch. 87, sec. 19, p. 137.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 21 - JUNIOR COLLEGES › Section 33-2135 - TERMINATION — REACTIVATION.

33-2135. TERMINATION — REACTIVATION. Upon the full payment of all its obligations, including bonds, notes, debentures or debts of any kind, the commissioners of a dormitory housing commission shall convey all properties held or owned by said authority to the junior college district and may, by appropriate resolution, declare their purposes at an end and terminated; upon approval of such resolution by the board of trustees of the junior college district the authority shall be declared inactive and the commissioners relieved of their duties; provided, however, that the commission may be reactivated for new projects, in the same manner as new commissioners are appointed in section 33-2118, and such new commissioners shall proceed with all the powers granted in this act.
History:
[33-2135, added 1957, ch. 87, sec. 20, p. 137.]