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: the Judicial Council; and the director.
(2) The director shall: review the draft submitted by the Administrative Office of the Courts; and within 30 days after receiving the draft, submit a report on the draft to: the Judicial Council; and the Office of the Legislative Fiscal Analyst.
(3) A report under Subsectionshall contain: (2)(b) the director's opinion about: whether the lease or modification is cost-effective when the needs of the entity to be housed in the leased facility are considered; whether another option such as construction, use of other state-owned space, or a lease-purchase agreement is more cost-effective than leasing; and whether the significant lease terms are cost-effective and provide the state with sufficient flexibility and protection from liability; 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; 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 a recommendation from the director that the lease or modification to a lease be approved or disapproved.
(4) 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. 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.