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Bill

Bill

H 102

An Act relative to protecting the residents of the Commonwealth

194th Legislature (2025-2026) Introduced by Carmine Gentile and 3 co-sponsors

Allows a recreation district board to petition for dissolution after population growth >200% since creation; electors still vote, dissolution by ballot.

Accompanied a study order, see H5072
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Bill Summary · H 102

Summary — H 102 (Session Law Chapter 215) — Recreation Districts: Petitions for Dissolution

Status: Signed by Governor March 31, 2025. Effective date: July 1, 2025 (emergency clause).
Primary change: Amendment to Idaho Code §31-4320.

Main purpose

H 102 adds an alternative procedure allowing a recreation district’s board of directors to initiate a petition for dissolution under a specific population-growth condition. The bill preserves the existing elector-driven petition route and keeps dissolution ultimately subject to a voter election.

Key provisions

  • Amends Idaho Code §31-4320 (Dissolution of district — procedure).
  • Maintains existing elector petition option: any petition signed by at least 20% of the qualified electors who reside in the district may be filed with the clerk.
  • Establishes an alternate board-initiated route: if the number of qualified electors in the district has increased by more than 200% since the district’s creation, a majority of the district’s board of directors may file a dissolution petition with the clerk without elector signatures.
  • County commissioners must determine within 30 days whether a petition substantially complies with statutory requirements; if so, they must order an election (subject to Idaho Code §34-106).
  • Elections and notice to be conducted per Idaho Code §31-4304. County commissioners canvass the vote within 10 days.
    • If >50% of votes cast favor dissolution, the county enters an order declaring the district dissolved and files a certified copy with the county recorder — dissolution is then complete.
    • If ≥50% vote against dissolution, the petition fails.
  • Upon dissolution, title to all district property vests in the county where the property is located. The county must sell or dispose of property as county property, apply proceeds to lawful claims against the district, and use any remaining funds for public recreation purposes in the county.
  • For districts spanning multiple counties, each county acts separately for the portion within its borders, coordinating uniform procedures; remaining balances from sales are prorated by prior-year assessed valuation.
  • Procedural challenge window: validity of proceedings cannot be contested after six months from the entry of the dissolution order.
  • Technical correction: bill title wording changed from “RECREATIONAL” to “RECREATION.”

Who is affected

  • Recreation districts and their boards (gains an alternate dissolution pathway under the specified growth condition).
  • Qualified electors within recreation districts (retain the 20% petition right and the final vote on dissolution).
  • County clerks and county commissioners (administration, review, and elections duties).
  • Counties that would receive and manage dissolved district property and proceeds.

Fiscal impact & other notes

  • Fiscal note reports no additional state or local government expenditures or revenue impact.
  • Legislative timeline: introduced Jan 31, 2025; passed both chambers in March 2025; signed by Governor March 31, 2025; effective July 1, 2025.

Compiled from official sources — confirm details with the bill’s official record.

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