32-1-104. Establishment of a special districts file.

Statute text

(1) The division shall promptly establish and maintain on a current basis, as a public record, a file listing by name all special districts, listing the names and addresses of all the members of the boards of the special districts, and recording all changes in the names or boundaries of the special districts. The file shall also list the names of the officers of each special district and a business address, a telephone number, and the name of a contact person for each district. Annually, the division shall compile and maintain a current and revised list of special districts for public inspection. Each special district shall register its business address, its telephone number, and the name of a contact person with the division when certifying the results of a district election pursuant to section 1-11-103 or 1-13.5-1305 (1).

(2) On or before January 15 of each year, a special district shall file a copy of the notice required pursuant section 32-1-809 (1) with the board of county commissioners, the county assessor, the county treasurer, and the county clerk and recorder of each county in which the special district is located, the governing body of any municipality in which the special district is located, and the division.

(3) (a) The board of directors of an inactive special district may adopt a resolution that describes and affirms its qualifications for its inactive status and may direct that a notice of inactive status be filed with the board of county commissioners and the city council of each county and city that approved its service plan pursuant to section 32-1-204 or 32-1-204.5; the treasurer, assessor, and the clerk and recorder of the county or counties in which the inactive special district is located; the district court having jurisdiction over the formation of the special district; the state auditor; and the division of local government. The notice of inactive status shall be filed on or before December 15 of the year in which the board adopts a resolution of inactive status. At the time of filing the notice of inactive status, the district shall be in compliance with each of the requirements specified in subsection (5) of this section.

(b) When the board of directors of a district on inactive status determines that the district shall return to active status, the board shall adopt a resolution that declares the district's return to active status and authorizes the filing of a notice of the district's determination to return to active status with the same such entities that received the notice of inactive status under paragraph (a) of this subsection (3). The district's board of directors shall cause the district to be brought into compliance for the remainder of the fiscal year in which the district returns to active status with all legal requirements specified in this section for which the district has otherwise been exempt while on inactive status. The district shall be in compliance with such requirements within ninety days of delivery of notice of the board's determination to return to active status pursuant to this paragraph (b). The notices delivered pursuant to this subsection (3) shall be by certified mail, return receipt requested, except where electronic filing is required by the receiving entity.

(c) The notice of inactive status, notice of continuing inactive status, and notice of return to active status shall be standard forms developed by the division and shall be made available on the division's website.

(d) A special district shall not return to active status until it has filed an information statement under section 32-1-104.8.

(4) The special district shall be on inactive status during the period commencing with the filing of its notice of inactive status pursuant to paragraph (a) of subsection (3) of this section until such time as it has issued a notice of its determination to return to active status pursuant to paragraph (b) of subsection (3) of this section. During the period that a district is on inactive status, it shall not issue any debt, impose a mill levy, or conduct any other official business other than to conduct elections and to undertake procedures necessary to implement the district's intention to return to active status. Inactive special districts shall file with the state auditor and the division on or before December 15 of each year in which the district is on inactive status a notice that it is continuing in such status for the next fiscal year.

(5) Notwithstanding any other provision of law, inactive special districts are exempt from compliance with subsection (2) of this section; sections 32-1-104.5 (3), 32-1-207 (3)(c), 32-1-306, 32-1-809, and 32-1-903; parts 1, 2, and 6 of article 1 of title 29; and part 1 of article 1 and part 1 of article 5 of title 39.

History

Source: L. 81: Entire article R&RE, p. 1545, 1, effective July 1. L. 85: Entire section amended, p. 1020, 5, effective July 1. L. 92: (1) amended, p. 875, 106, effective January 1, 1993. L. 93: (1) amended, p. 1790, 77, effective June 6. L. 94: (1) amended, p. 1194, 98, effective July 1. L. 2010: (3), (4), and (5) added, (HB 10-1362), ch. 360, p. 1710, 2, effective August 11. L. 2013: (3)(d) added, (HB 13-1186), ch. 102, p. 325, 3, effective August 7. L. 2015: (1) and (2) amended, (HB 15-1092), ch. 87, p. 250, 2, effective August 5. L. 2021: (1) amended, (SB 21-160), ch. 133, p. 538, 7, effective September 7; (5) amended, (SB 21-262), ch. 368, p. 2427, 2, effective September 7.

Annotations

Editor's note: This section is similar to former 32-1-103 as it existed prior to 1981.