KRS 56.805: Lease of space in building owned by a governmental unit or space required

because of emergency.

(1) Notwithstanding the provisions of KRS 56.803(4) to (19), this section shall govern

the leasing of space in a building owned by the federal government, b y a political

subdivision or municipal corporation of the Commonwealth, or if the space is

required as the result of a bona fide emergency.

(2) When the commissioner of the Department for Facilities Management determines

that it is in the Commonwealth's be st interest for him to negotiate a lease in a

building owned by the federal government or by a political subdivision or municipal

corporation of the Commonwealth, he shall do so. The commissioner shall state in

writing his justifications for the determination, and the writing shall be kept on file.

(3) A bona fide emergency shall be deemed to exist only in cases where the head of an

agency already occupying leased premises certifies in writing to the Secretary of the

Finance and Administration Cabinet that:

(a) The leased premises have been damaged or destroyed by fire, windstorm, or

other casualty; or

(b) The leased premises are found to be in violation of regulations of the

Kentucky Occupational Safety and Health Review Commission, and the

violations cannot be remedied within thirty (30) days after the issuance of a

citation to the lessor of the premises; or

(c) The leased premises are found to be unsafe or unfit for occupancy due to any

condition constituting a violation or infraction of fire or health law s and

regulations and cannot be made safe within a reasonable time; or

(d) 1. The necessity for leased premises arises from the enactment or adoption

of federal legislation or regulations or state legislation, the effective date

of which mandates commencem ent of programs to be housed in leased

space before there is time for space to be acquired by public notice; and

2. The agency's functions will be impaired or have to be discontinued

unless other quarters to house the agency's operations are immediately

located and occupied by the agency; or

(e) An emergency, other than one described in paragraph (a), (b), (c), or (d) of

this subsection, exists, and the Governor has given his express written

authorization of an emergency lease. The certificate shall state t he details of

the emergency, and the head of the agency shall include the Governor's written

authorization along with the certificate sent to the Secretary of Finance and

Administration Cabinet.

(4) Upon receipt by the Finance and Administration Cabinet of the certificate, written

pursuant to paragraph (a), (b), (c), or (d) of subsection (3) of this section, or the

certificate and the Governor's authorization written pursuant to paragraph (e) of

subsection (3) of this section, the Department for Facilities Management shall take

the action to locate and negotiate for the lease of space meeting the certifying

agency's reasonable needs. As appropriate, the department shall keep the certificate

or the certificate and the Governor's written authorization on file.