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:

Terms Used In Utah Code 53G-3-203

(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