Current through the 2024 Fourth Special Session
Section 53G-3-203 - Filing of notice and plat relating to school district boundary changes including creation, consolidation, division, or dissolution - recording requirements - Effective date(1) The county legislative body shall, within 30 days following the day on which the creation, consolidation, division, or dissolution of a school district occurs, file with the lieutenant governor:(a) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and(b) except in the case of a dissolution, a copy of an approved final local entity plat, as defined in Section 67-1a-6.5.(2) The county legislative body, upon the lieutenant governor's issuance of a certificate of boundary action under Section 67-1a-6.5, shall: (a) if the school district is or, in the case of dissolution, was located within the boundary of a single county, submit to the recorder of that county: (i) the original: (A) notice of an impending boundary action;(B) certificate of boundary action; and(C) except in the case of dissolution, approved final local entity plat; and(ii) if applicable, a certified copy of the resolution approving the boundary action; or(b) if the school district is or, in the case of a dissolution, was located within the boundaries of more than a single county:(i) submit to the recorder of one of those counties:(A) the original of the documents listed in Subsection (2)(a)(i); and(B) if applicable, a certified copy of the resolution approving the boundary action; and(ii) submit to the recorder of each other county:(A) a certified copy of the documents listed in Subsection (2)(a)(i); and(B) if applicable, a certified copy of the resolution approving the boundary action.(3)(a) Upon the lieutenant governor's issuance of the certificate under Section 67-1a-6.5, the creation, consolidation, division, dissolution, or other change affecting the boundary of a new or reorganized new school district that was the subject of the action has legal effect.(b)(i) As used in this Subsection (3)(b), "affected area" means:(A) in the case of the creation of a school district, the area within the school district's boundary;(B) in the case of the consolidation of multiple school districts, the area within the boundary of each school district that is consolidated into another school district;(C) in the case of the division of a school district, the area within the boundary of the school district created by the division; and(D) in the case of an addition to an existing school district, the area added to the school district.(ii) For purposes of assessing property within the school district, the effective date of a boundary action, as that term is defined in Section 17-23-20, is governed by Section 59-2-305.5.(iii) A school district may not levy or collect a property tax on property within the affected area until the county legislative body records the documents listed in Subsection (2) in the office of the recorder of each county in which the property is located.Amended by Chapter 526, 2024 General Session ,§ 5, eff. 5/1/2024.Renumbered from § 53A-2-101.5 by Chapter 3, 2018 General Session ,§ 13, eff. 1/24/2018.Amended by Chapter 350, 2009 General Session.