Section 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:
  • (a) within 30 days after the creation, consolidation, division, or dissolution of a school district, file with the lieutenant governor:
    • (i) 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
    • (ii) except in the case of a dissolution, a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and
  • (b) upon the lieutenant governor’s issuance of a certificate of boundary action under Section 67-1a-6.5:
    • (i) 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:
      • (A) the original:
        • (I) notice of an impending boundary action;
        • (II) certificate of boundary action; and
        • (III) except in the case of dissolution, approved final local entity plat; and
      • (B) if applicable, a certified copy of the resolution approving the boundary action; or
    • (ii) if the school district is or, in the case of a dissolution, was located within the boundaries of more than a single county:
      • (A) submit to the recorder of one of those counties:
        • (I) the original of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III); and
        • (II) if applicable, a certified copy of the resolution approving the boundary action; and
      • (B) submit to the recorder of each other county:
        • (I) a certified copy of the documents listed in Subsections (1)(b)(i)(A)(I), (II), and (III); and
        • (II) if applicable, a certified copy of the resolution approving the boundary action.

• (2)
  • (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 existing school district that was the subject of the action has legal effect.
  • (b)
    • (i) As used in this Subsection (2)(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) The effective date of a boundary action, as defined in Section 17-23-20, for purposes of assessing property within the school district is governed by Section 59-2-305.5.
    • (iii) Until the documents listed in Subsection (1)(b) are recorded in the office of the recorder of each county in which the property is located, a school district may not levy or collect a property tax on property within the affected area.

Renumbered and Amended by Chapter 3, 2018 General Session