Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 3 - State-owned Buildings and Grounds › Section 200 KAR 3:020 - Use of State-Owned Facilities and Grounds

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				42.019,
				42.425,
				56.010,
				56.463
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation establishes uniform rules for the governance of state facilities and
				grounds. While all state facilities and grounds are owned by the people of the
				Commonwealth at large, it is sometimes detrimental to the effective
				carrying-out of the people's business for persons, or groups of persons, to
				disregard reasonable conditions established for use of state facilities and
				state grounds. The purpose of this administrative regulation is to balance the
				interests of the citizens of the commonwealth at large with the interests of
				individual citizens, or groups of citizens, to use state facilities and grounds
				in a reasonable fashion in order to redress their grievances and coordinate
				various uses of public buildings and Grounds, to preserve Historic Properties,
				to ensure the health and safety of the public and state employees while on
				state property, and to protect the public from unnecessary financial losses.
				KRS
				42.019(1) requires the
				Division of Historic Properties to oversee the management and preservation of
				state-owned historic properties.
				KRS
				42.425(1)(c) entrusts the
				Department for Facilities and Support Services with primary responsibility for
				developing and implementing policies applicable to all state agencies to ensure
				effective planning for and efficient operation of state office buildings.
				KRS
				56.010 requires the Finance and
				Administration Cabinet to institute civil proceedings in the name of the
				Commonwealth for any trespass or injury to state property under its control.
				KRS
				56.463(8) requires the
				Finance and Administration Cabinet to promulgate administrative regulations as
				may be necessary to govern the acquisition, control, and disposition of the
				commonwealth's real property.
Section
			 1. Definitions.
(1) "Agency"
			 means a "budget unit," as defined by
			 KRS
			 48.010(9).
(2) "Applicant" means a visitor who has
			 submitted an Application to Use State Facilities and Grounds.
(3) "Application" means the Application to
			 Use State Facilities and Grounds form maintained by the Department for
			 Facilities and Support Services, or a substantially similar agency specific
			 application approved by the department, that allows individuals, organizations,
			 and entities to request approval to conduct an event at a state facility or on
			 state grounds.
(4) "Cabinet" means
			 the Finance and Administration Cabinet.
(5) "Commissioner" means the Commissioner of
			 the Department for Facilities and Support Services.
(6) "Deadly Weapon" is defined by
			 KRS
			 500.080(4).
(7) "Demonstration activity" means any
			 gathering of twelve (12) or more visitors demonstrating, parading, picketing,
			 speech making, holding vigils, sit-ins, or rallies, or conducting other
			 activities for the purpose of demonstrating approval or disapproval of
			 governmental policies or practices (or the lack there-of), expressing a view on
			 public issues, or bringing into public notice any issue or other
			 matter.
(8) "Department" means the
			 Department for Facilities and Support Services.
(9) "Division" means the Division of Historic
			 Properties, established by
			 KRS
			 42.425(1)(d)4.
(10) "Event" means any demonstration
			 activity, performance, ceremony, presentation, meeting, or rally held in a
			 state facility or on state grounds.
(11) "Face covering" means material covering,
			 consisting of at least two (2) layers of fabric, fit snuggly to the face that
			 completely covers the nose, mouth, and optionally chin of the wearer, but does
			 not otherwise materially obscure the face, head, or neck area. "Face covering"
			 does not mean face shields, bandanas, scarves, gaiters, or any face covering
			 with exhalation valves, slits, or holes.
(12) "Firearm" is defined by
			 KRS
			 237.060(2 ).
(13) "Handgun" is defined by
			 KRS
			 527.010(5).
(14) "Historic properties" means state-owned
			 historic properties under the management and preservation authority of the
			 Division of Historic Properties, pursuant to
			 KRS
			 42.019.
(15) "Livestock" is defined by
			 KRS
			 257.010(11).
(16) "Long Gun" means any firearm that is not
			 a handgun, including :
(a) Rifles;
(b) Carbines; and
(c) Shotguns.
(17) "Normal business hours" means:
(a) The hours in which a facility is declared
			 or posted as open and accessible to individuals other than employees or agents
			 of the commonwealth; and
(b) Any
			 time period during which a facility hosts a legislative session, public
			 meeting, or court session.
(18) "Organization" means any group or
			 association of individuals joined together to accomplish shared goals or to
			 advance shared interests or values, inclusive of its employees, agents,
			 invitees, or guests.
(19) "Public
			 meeting" means a "meeting," as defined by
			 KRS
			 61.805(1).
(20) "Rally" means a gathering of twelve (12)
			 or more visitors for the purpose of actively promoting a cause.
(21) "Solicit" and "solicitation" are defined
			 by
			 KRS
			 367.650(4).
(22) "Spontaneous event" means an event where
			 twelve (12) or more visitors gather to exercise their First Amendment rights in
			 facilities and on grounds open to the general public in response to a
			 triggering event that has occurred within the preceding calendar week, or is
			 currently occurring. Regularly scheduled events, or events that are advertised
			 by any means seven (7) or more calendar days prior to the starting date of the
			 event are presumptively not "spontaneous events."
(23) "State facilities" or "facilities" means
			 any buildings owned or managed by the Finance and Administration Cabinet
			 pursuant to
			 KRS
			 56.463.
(24) "State grounds" or "grounds" means any
			 lands owned or managed by the Finance and Administration Cabinet pursuant to
			 KRS
			 56.463.
(25) "Tenant" means an individual or
			 organization, except for an agency that is:
(a) Occupying land or property rented from
			 the commonwealth; and
(b) Limited
			 to the specific state facility or state grounds where the land or property is
			 located.
(26) "Tenant
			 agency" means an agency that is:
(a) Assigned
			 commonwealth land or property; and
(b) Limited to the specific state facilities
			 or state grounds assigned for agency use.
(27) "Triggering event" means a previously
			 unknown or unpredicted event where, because of its unknown or unpredicted
			 nature, a group of visitors could not reasonably be expected to submit an
			 application seven (7) days in advance.
(28) "Visitor" means:
(a) Any person, organization, or entity
			 present at a State Facility or on State Grounds that is not a tenant agency,
			 nor employed or contracted to perform work there on behalf of the
			 commonwealth;
(b) A person or
			 organization employed or contracted to perform work on behalf of the
			 commonwealth if present at a state facility or on state grounds for reasons
			 other than performing work on behalf of the commonwealth; and
(c) Persons present at state facilities or
			 state grounds by virtue of an approved application.