KRS § 56.463 — KY Code / Title VII / Chapter 56 / Section 56.463
56.463 Powers of cabinet in determining need, controlling, and disposing of real estate
Status: in_force

56.463 Powers of cabinet in determining need, controlling, and disposing of real

estate.

The cabinet shall have the power and duty:

(1) To determine the comparative needs and demands of the various state agencies for

acquiring real estate and for building projects;

(2) To purchase or otherwise acquire all real property determined to be needed for state

use and upon the approval of the secretary of the Finance and Administration

Cabinet as to the determination of need and as to the action of purchase or other

acquisition, except as provided in KRS Chapters 175, 176, 177, and 180. All such

acquisitions of real property or interests therein shall be made in accordance with

KRS 45A.045;

(3) To sell or otherwise dispose of all property, including any interest in real property,

of the state that is not needed or has become unsuitable for public use or would be

more suitable consistent with the public interest for some other use as determined

by the secretary of the Finance and Administration Cabinet. All such sales or other

disposition shall be made in accordance with KRS 45A.045;

(4) (a) To control the use of any real property owned or otherwise held by the

Commonwealth, or any state agency, and to determine for what periods of

time and for what purposes any state agency may use the same, including the

agency for whose use it was initially acquired or improved, and to determine

what appropriate uses shall be made of such real property during periods that

the cabinet finds the same is not required for the purposes of any particular

state agency. The cabinet shall allocate to the General Assembly and the

Legislative Research Commission all space within the New State Capitol

Annex in the basement and on the first, second, third, and fourth floors,

excluding:

1. Mechanical areas, public entrances, vestibules, and restrooms; and

2. The following additional space, as allocated on January 1, 2023:

a. Areas in the basement occupied by the Kentucky State Police and

Facilities Security;

b. Areas in the basement operated as the snack bar and cafeteria, as

well as storage areas related to the operation of the snack bar and

cafeteria;

c. The area in the basement operated as a nurse's station;

d. The area in the basement used as an automated teller machine

(ATM);

e. The office space in the basement occupied by the Secretary of

State;

f. Utility spaces in the basement west wing and east wing

northernmost hallways occupied by janitorial, maintenance, and

mechanical staff;

g. The loading dock in the rear of the annex basement, along with the

office space immediately adjacent to the loading dock on the back

wall of the annex, provided that the General Assembly and the

Legislative Research Commission shall be given access to and use

of the loading dock and the receiving areas adjacent to the loading

dock; and

h. Office and studio space on the first floor currently occupied and

used for broadcasting purposes by Kentucky Educational

Television.

All space assigned to the legislative branch and plans, uses, furnishings, and

equipment therefor are subject to the specific approval of the Legislative

Research Commission;

(b) All additional space in the New State Capitol Annex, not specifically

allocated for use by the General Assembly and the Legislative Research

Commission in paragraph (a) of this subsection, shall be allocated for the use

of the legislative branch, with occupancy by the legislative branch to be

determined by the Legislative Research Commission, upon a vote of a

majority of the entire membership of the Legislative Research Commission;

(c) In order for the General Assembly and the Legislative Research Commission

to efficiently utilize the space provided by paragraphs (a) and (b) of this

subsection, the cabinet shall enter into a memorandum of understanding with

the Legislative Research Commission on or about February 1, 2024, and as

often as every two (2) years thereafter at the request of the Legislative

Research Commission, to establish tenancy terms, including but not limited to

building maintenance, repairs, renovations, and upgrades; facility security;

janitorial services; and applicable rental and utilities rates. The Legislative

Research Commission shall at any time, and upon at least sixty (60) days'

notice, be authorized to discontinue the cabinet's provision of janitorial

services for the New State Capitol Annex and to enter into a separate contract

for the provision of those services, with the applicable rental and utilities rates

to be proportionately reduced to reflect that separate contract, provided that

the Legislative Research Commission may also at any time, and upon at least

sixty (60) days' notice, elect to have the cabinet continue or reinstate the

provision of those janitorial services at the cabinet's expense;

(d) For the purposes of this subsection, real property shall include the parking

areas adjacent to the New State Capitol and the New State Capitol Annex, and

the cabinet shall allocate to the General Assembly and the Legislative

Research Commission all parking spaces within the Capitol campus parking

garage, all parking spaces in the east, south, and west parking lots of the New

State Capitol Annex, and all parking spaces in the west parking lot of the New

State Capitol, except for those spaces in the west parking lot of the New State

Capitol allocated, as of January 1, 2023, to the Supreme Court of Kentucky,

the Lieutenant Governor, the Attorney General, and the Secretary of State.

Any further allocation of any parking spaces allocated pursuant to this

paragraph shall be within the sole discretion of the Legislative Research

Commission or its designee; and

(e) To determine the housing and furnishings needs of the various state agencies

located in Frankfort and to establish and put into effect a permanent program

for housing them. Subject to paragraphs (a) and (b) of this subsection, the

cabinet is also authorized and directed to allocate office space and furnishings

in existing public buildings located in Frankfort, exclusive of the third and

fourth floors of the New State Capitol and the space in the New State Capitol

Annex allocated to the legislative branch, according to the needs of the

various agencies. When necessary, the cabinet is authorized to provide

additional office space and furnishings in Frankfort under any building

program the cabinet deems most advisable and economical for the state. The

permanent housing program shall include provisions for housing the General

Assembly and its related agencies, including the Legislative Research

Commission, and its subcommittees, the executive offices, the Supreme Court

and the clerk of the Supreme Court, the Department of Law and the law

library, in the New State Capitol, provided the General Assembly and the

Legislative Research Commission shall have complete control and exclusive

use of the third and fourth floors of the New State Capitol and shall have

exclusive use of the space in the New State Capitol Annex allocated to them

under paragraphs (a) and (b) of this subsection. If there be any additional

space in the Capitol, it shall be assigned to agencies whose activities are most

closely related to the agencies directed to be located permanently in the

Capitol;

(5) To acquire, by condemnation in the manner provided in the Eminent Domain Act of

Kentucky, any real estate necessary for use by the state or by any state agency,

when the cabinet is unable to agree with the owner thereof on a price for such real

estate;

(6) To lease any real property, or any interest in such real property, owned by the state

or any agency thereof, in accordance with KRS 45A.045;

(7) To provide for and adopt plans and specifications as may be necessary, to provide

adequate public notice for and receive bids for any expenditures proposed to be

made, to award contracts for the purpose authorized, to supervise construction and

make changes and revisions in plans and specifications or in construction as may

become necessary, and generally to do any and all other things as may become

necessary or expedient in order to effectively fulfill and carry out the purposes of

this chapter, including the right to employ clerks, engineers, statisticians, architects,

or other persons required to be employed in order to fulfill the functions of the

Commonwealth relating to state property and buildings provided in KRS 56.450 to

56.550; and

(8) To adopt rules and promulgate administrative regulations as may be necessary to

govern the acquisition, control, and disposition of the real property to which this

section is applicable.