Current through the 2024 Fourth Special Session
Section 63A-5b-804 - Leasing by the Administrative Office of the Courts - Judicial Council approval required for high-cost lease - Director's responsibilities(1) Before executing a high-cost lease or a modification to a lease that results in a high-cost lease, the Administrative Office of the Courts shall submit a draft of the new lease or modification to: (a) the Judicial Council; and(2) The director shall: (a) review the draft submitted by the Administrative Office of the Courts; and(b) within 30 days after receiving the draft, submit a report on the draft to:(i) the Judicial Council; and(ii) the Office of the Legislative Fiscal Analyst.(3) A report under Subsection (2)(b) shall contain:(a) the director's opinion about: (i) whether the lease or modification is cost-effective when the needs of the entity to be housed in the leased facility are considered;(ii) whether another option such as construction, use of other state-owned space, or a lease-purchase agreement is more cost-effective than leasing; and(iii) whether the significant lease terms are cost-effective and provide the state with sufficient flexibility and protection from liability;(b) a comparison of the proposed lease payments to the current market rates, and a recommendation as to whether the proposed lease payments are reasonable under current market conditions;(c) a comparison of proposed significant lease terms to the current market, and a recommendation as to whether the proposed terms are reasonable under current market conditions; and(d) a recommendation from the director that the lease or modification to a lease be approved or disapproved.(4)(a) The Administrative Office of the Courts may not execute a new high-cost lease or modification to an existing lease that will result in a high-cost lease unless the lease or modification is approved by a majority vote of the Judicial Council.(b) The Judicial Council shall consider the recommendations of the director in determining whether to approve a high-cost lease or modification resulting in a high-cost lease.Renumbered from § 63A-5-304 and amended by Chapter 152, 2020 General Session ,§ 51, eff. 5/12/2020.Enacted by Chapter 113, 1995 General Session