Title 31, COUNTIES AND COUNTY LAW

31-4301. Short title. This act shall be known and may be cited as the "recreation district law."

31-4302. Declaration of public benefit. Providing adequate recreation facilities for public use is hereby declared to be a public benefit, use and purpose which enhances the value and quality of life and which materially assists in correcting or eliminating many social ills such …

31-4303. Definitions. Whenever used in this act the term: (a) "county" refers to each county in which all or a portion of a proposed or existing recreation district is situated; (b) "county commissioners" means the board of county commissioners of the county; (c) "clerk" means th…

31-4304. Creation of recreation districts. A recreation district may be created as follows: (a) Any person or persons may file a petition for the formation of a recreation district with the clerk. Such petition which may be in one (1) or more papers shall clearly designate the bo…

31-4304A. Creation of a planned unit development recreation district. A recreation district may be created by a planned unit development created pursuant to section 67-6515, Idaho Code, applicable to the boundaries of the planned unit development as created by county permit pursu…

31-4305. Directors — Qualifications — Vacancy — Compensation — Term. Each district shall be governed by a board of three (3) directors who shall manage and conduct the business and affairs of such district and all powers granted to such district by this chapter shall be exercised…

31-4306. Election of directors. (1) An election of directors shall be held in each district on the Tuesday succeeding the first Monday of November of each odd-numbered year. Such election shall be held in conformity with title 34, Idaho Code. Before the notice of election is give…

31-4307. Persons who may vote in election. Any person may vote at a district election who is a qualified elector as defined in section 34-104, Idaho Code, for a recreation district created pursuant to section 31-4304, Idaho Code, or as defined in section 31-4304A, Idaho Code, for…

31-4308. Organization of board — Meetings — Inspection of records. Immediately after their appointment and thereafter as required but at least after each director’s election the board shall meet, organize as a board, elect and appoint the officers of the board and designate the h…

31-4309. Officers of board. The officers of the board shall consist of a president, a vice president, a secretary and a treasurer. The president and vice president shall be elected by the board and each shall be a director. The secretary and treasurer shall be appointed by the bo…

31-4310. President of board — Duties. The president shall be the executive officer of the district, shall preside at all board meetings, shall countersign all checks for expenditure of district funds when such expenditure has been legally authorized and shall perform all other du…

31-4311. Secretary of board — Duties. The secretary shall keep correct minutes of the proceedings of the board (including but not limited to showing all bills submitted, considered, allowed or rejected), shall have custody of the records of the district, except those in the custo…

31-4312. Treasurer of board — Duties. The treasurer shall have custody of all funds belonging to the district, shall keep accurate accounts of all such district funds, shall keep all district funds in the banks or investments designated by the board, shall have custody of the fin…

31-4313. Fiscal year — Audit. The fiscal year of each district shall commence on the first day of October of each year. The directors shall cause a full and complete audit of the financial statements of the district as required in section 67-450B, Idaho Code.

31-4314. Limitation of power to incur debt. Neither the board nor any officer shall have power to incur any debt or liability on behalf of the district, whether by issuance of bonds or otherwise, in excess of the express provisions of this act and any such debt or liability so in…

31-4315. Claims against district. All claims against the district shall be presented to the board. Upon allowance of claims by the board, payment may be ordered by warrant, signed by the treasurer and countersigned by the president or by check signed by the treasurer and counters…

31-4316. Purpose of district. Each district is organized for the uses and purposes of acquiring, providing, maintaining and operating public recreation centers, swimming facilities, pools, picnic areas, camping facilities, ball parks, handball courts, tennis courts, marine and sn…

31-4317. Powers of district. Each district is a body politic and corporate and as such shall, in the name of and for the uses and purposes of the district, have power: (a) to adopt a seal which may be changed or altered at the pleasure of the board; (b) to sue and be sued; (c) to…

31-4318. Levy of tax. (1) For districts created prior to July 1, 2001, the board is empowered to levy a tax for the uses and purposes of the district in an amount not exceeding six hundredths percent (.06%) of the market value for assessment purposes on all of the taxable propert…

31-4318A. Fee in lieu of taxes. (1) The board is empowered to impose and provide for the collection of a uniform fee from the residents of the district to provide funds for the uses and purposes of the district which would otherwise be derived from the tax levy authorized in sect…

31-4319. Annexation of additional territory. After the organization of a district, additional territory adjoining the district and not included within an already existing recreation district, whether located in one (1) or several counties, may be annexed to and included within su…

31-4320. Dissolution of district — Procedure. A recreation district may be dissolved as follows: (a) Any person or persons may file a petition for the dissolution of a recreation district with the clerk. Such petition, which may be in one (1) or more papers, shall state the name …

31-4320A. Dissolution of inactive district. Whenever a recreation district, created pursuant to this chapter, has failed to exercise the powers of a district, owns no property, levies no tax, and has incurred no indebtedness, within three (3) years of the creation of the district…

31-4321. Liberal construction. The provisions of this act shall be liberally construed and applied to promote its underlying purposes and policies.

31-4322. Bond issues authorized — Form and terms. To carry out the purposes of this chapter and to pay the necessary expenses of the district, the board is hereby authorized to issue negotiable coupon bonds of the district. Bonds shall be due and payable serially either annually …

31-4323. Creation of indebtedness for works or improvements — Election on proposed indebtedness. Whenever the board of a recreation district shall, by resolution, determine that the interest of said district and the public interest or necessity demand the acquisition, constructio…

31-4324. Notices of election on proposed indebtedness. When such election is ordered to be held, subject to the provisions of section 34-106, Idaho Code, the board shall cause notices of the election to be published for the first time not less than twelve (12) days prior to the e…

31-4325. Conduct of election for proposed indebtedness. The county clerk shall conduct the election in a manner prescribed by law for the holding of general elections and shall take their returns to the secretary of the district at any regular or special meeting of the board held…

31-4326. Indebtedness incurred upon favorable vote — Resubmission of proposition not received favorably. In the event that it shall appear from said returns that a majority, in the amount which is now, or may hereafter be, set by the constitution of the state of Idaho for approva…

31-4326A. Security — Tax levies and sinking fund. After the issuance of any bonds authorized by section 31-4326, Idaho Code, the full faith and credit of the issuing district, and all taxable property within its limits, as constituted at the time of the issuance of such bonds, ar…

31-4327. Recreation district reserve fund. The board of any recreation district may create and establish a recreation facilities reserve fund by resolution adopted at any regular or special meeting of the board. Moneys shall be credited to said fund which accrue from taxes levied…

31-4328. Recreation facilities reserve fund election. In any recreation district in which a recreation facilities reserve fund has been created, the board may submit to the qualified electors of the district, the question of applying the levy of six hundredths percent (.06%) of t…

31-4329. Adoption of budget — Public hearing. A board shall adopt a budget and cause a public hearing to be held upon such budget prior to certifying a tax levy to a board of county commissioners.

31-4330. Notice of hearing — Posting and publication. Notice of the budget hearing meeting shall be posted at least ten (10) full days prior to the date of said meeting in at least one (1) conspicuous place in each recreation district to be determined by the board, a copy of such…

31-4331. Public inspection. Such budget shall be available for public inspection from and after the date of the posting of notices of hearing as in this act provided, at such place and during such business hours as the board may direct.

31-4332. Board attendance — Duties. A quorum of the board of the recreation district shall attend such hearing and explain the proposed budget and hear any and all objections thereto.

31-4333. Confirmation of elections and subdistrict boundaries. That all recreation districts heretofore organized or purported to be organized pursuant to the provisions of chapter 43, title 31, Idaho Code, known as the "recreation district law," the legal descriptions of the bou…