Current through Register Vol. XXXIX, No. 11, March 18, 2022
13.1. The Council,
Commission and governing boards may lease, or offer to lease, as lessee, any
grounds, buildings, office or other space in the name of the state.
13.2. The Council, Commission and governing
boards have sole authority to select and to acquire by contract or lease all
grounds, buildings, office space or other space, the rental of which is
required necessarily by the Council, Commission or institutions.
13.3. Before executing any rental contract or
lease, the Council, Commission or a governing board shall determine the fair
market value for the rental of the requested grounds, buildings, office space
or other space, in the condition in which they exist, and shall contract for or
lease the premises at a price not to exceed the fair market value.
13.4. The Council, Commission and each
governing board may enter into long-term agreements for buildings land and
space for periods longer than one fiscal year but not to exceed forty
Any lease shall
contain, in substance, all the following provisions:
13.5.a. The Council, Commission or governing
board, as lessee, has the right to cancel the lease without further obligation
on the part of the lessee upon giving thirty days' written notice to the lessor
at least thirty days prior to the last day of the succeeding month;
13.5.b. The lease is considered canceled
without further obligation on the part of the lessee if the Legislature or the
federal government fails to appropriate sufficient funds for the lease or
otherwise acts to impair the lease or cause it to be canceled; and
13.5.c. The lease is considered renewed for
each ensuing fiscal year during the term of the lease unless it is canceled by
the Council, Commission, or governing board before the end of the then current
Council, Commission or institution that is granted any grounds, buildings,
office space or other space leased in accordance with this section may not
order or make permanent changes of any type thereto, unless the Council,
Commission or governing board has first determined that the change is necessary
for the proper, efficient and economically sound operation of the institution.
For purposes of this section, a "permanent change" means any addition,
alteration, improvement, remodeling, repair or other change involving the
expenditure of state funds for the installation of any tangible thing that
cannot be economically removed from the grounds, buildings, office space or
other space when vacated by the institution.
13.7. Leases and other instruments for
grounds, buildings, office or other space, once approved by the Council,
Commission or governing board, may be signed by the chief executive officer, or
designee, of the Council, Commission or institution.
13.8. Any lease or instrument exceeding
$100,000 annually shall be approved as to form by the Attorney General. A lease
or other instrument for grounds, buildings, office or other space that contains
a term, including any options, of more than six months for its fulfillment
shall be filed with the State Auditor.