Utah § 63A-5b-804 Leasing by the Administrative Office of the Courts -- Judicial Council approval required for high-cost lease -- Director's responsibilities.

Utah Statutes

§ 63A-5b-804 — Leasing by the Administrative Office of the Courts -- Judicial Council approval required for high-cost lease -- Director's responsibilities.

Utah·Title 63A Utah Government Operations Code·Ch. 63A-5b Administration of State Facilities·Part 63A-5b-8 Acquisitions of Real Property Interests

(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:

(1)(a) the Judicial Council; and

(1)(b) the director.

(2)The director shall:

(2)(a) review the draft submitted by the Administrative Office of the Courts; and

(2)(b) within 30 days after receiving the draft, submit a report on the draft to:

(2)(b)(i) the Judicial Council; and

(2)(b)(ii) the Office of the Legislative Fiscal Analyst.

(3)A report under Subsection (2)(b) shall contain:

(3)(a) the director's opinion about:

(3)(a)(i) whether the lease or modification is cost-effective when the needs of the entity to be housed in the leased facility are considered;

(3)(a)(ii) whether another op

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(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:

(1)(a) the Judicial Council; and
(1)(b) the director.
(2) The director shall:

(2)(a) review the draft submitted by the Administrative Office of the Courts; and
(2)(b) within 30 days after receiving the draft, submit a report on the draft to:
(2)(b)(i) the Judicial Council; and
(2)(b)(ii) the Office of the Legislative Fiscal Analyst.
(3) A report under Subsection (2)(b) shall contain:

(3)(a) the director's opinion about:
(3)(a)(i) whether the lease or modification is cost-effective when the needs of the entity to be housed in the leased facility are considered;
(3)(a)(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
(3)(a)(iii) whether the significant lease terms are cost-effective and provide the state with sufficient flexibility and protection from liability;
(3)(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;
(3)(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
(3)(d) a recommendation from the director that the lease or modification to a lease be approved or disapproved.
(4) (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.
(4)(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.

Utah § 63A-5b-804 (Leasing by the Administrative Office of the Courts -- Judicial Council approval required for high-cost lease -- Director's responsibilities.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.