Title 63A. Utah Administrative Services Code Chapter 1


A-5b-804 Leasing by the Administrative Office of the Courts -- Judicial Council approval required for high-cost lease -- Director’s responsibilities



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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

(b) the director.

(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 and Amended by Chapter 152, 2020 General Session




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