TITLE 37
Public Property and Works

CHAPTER 37-6
Acquisition of Land

SECTION 37-6-30


§ 37-6-30 Registry of leases.

(a) The chief purchasing officer as defined in subsection 37-2-7(3) shall cause to be established a registry of leases which shall be indexed and copies shall be kept of all leases entered into by the state or any of its agencies. The state and any department, board, bureau, commission, officer, or agency of the state entering into a lease agreement shall submit a copy of the lease to the chief purchasing officer for inclusion in the registry of leases no later than three (3) business days after execution of the lease. The registry shall index leases by property location, name and address of lessor and lessee, date of execution, and date of expiration. The registry shall contain certificates of compliance issued by all public corporations and quasi-public agencies that have fulfilled the requirements of subsection (c) herein. All leases entered into the registry on or after July 1, 2008 shall remain in the registry for five (5) years subsequent to the date of expiration of the lease. The chief purchasing officer shall maintain the registry of leases and copies of the registry and all leases and certificates of compliance contained therein shall be made available for public inspection. The chief purchasing officer shall post on the division's website the registry of leases and each lease contained therein no later than three (3) business days after receipt of each lease.

(b) The chief purchasing officer shall electronically transmit the registry of leases and certificates of compliance to the secretary of state for posting online, in accordance with rules and regulations which shall be promulgated by the secretary of state. Thereafter, the chief purchasing officer shall electronically transmit to the secretary of state for posting online, each lease and certificate of compliance described in subsection (a) no later than three (3) business days after receipt of the lease. This requirement of electronic transmission of the registry of leases and subsequently executed leases and certificates of compliance with the secretary of state shall take effect on January 1, 2009.

(c) Notwithstanding any other provision to the contrary, including any provision exempting any entity from the requirements of this chapter, all public corporations as defined in subsection 35-20-5(4) and quasi-public agencies shall cause to be established a registry of all its leases which shall be indexed, and copies shall be kept of all such leases. Each public corporation or quasi-public agency shall maintain a registry of its leases and copies of the registry and all leases contained therein shall be made available for public inspection. The public corporation or quasi-public agency shall post on it's website the registry of leases and each lease contained therein no later than three (3) business days after execution of each lease. The registry shall index leases by property location, name and address of lessor and lessee, date of execution, and date of expiration. All leases entered into the registry on or after July 1, 2008 shall remain in the registry for five (5) years subsequent to the date of expiration. The public corporation or quasi-public agency shall electronically transmit the registry of leases to the secretary of state for posting online, in accordance with rules and regulations which shall be promulgated by the secretary of state. Thereafter, the public corporation or quasi-public agency shall electronically transmit to the secretary of state for posting online, each lease described herein no later than three (3) business days after the execution of the lease. Once the electronic transmission has been completed, the public corporation or quasi-public agency shall issue no later than three (3) business days after the execution of the lease a certificate stating its compliance with the requirements of this subsection to the chief purchasing officer. This requirement of electronic transmission of the registry of leases and subsequently executed leases with the secretary of state shall take effect on January 1, 2009.

(d) The secretary of state shall maintain, on the agency's website, an online database of leases and certificates of compliance required by this chapter. The online database shall be organized to promote transparency and be easily accessible to the public. The online database shall be searchable by property, location, name and address of lessor and lessee, date of execution, and date of expiration.

History of Section.
(P.L. 1992, ch. 231, § 1; P.L. 2008, ch. 462, § 1; P.L. 2009, ch. 310, § 21.)