{"data":{"id":"us-ky/krs-56.463","jurisdiction":"us-ky","citation":"KRS 56.463","heading":"Powers of cabinet in determining need, controlling, and disposing of real","body":"estate.\nThe cabinet shall have the power and duty:\n(1) To determine the comparative needs and demands of the various state agencies for\nacquiring real estate and for building projects;\n(2) To purchase or otherwise acquire all real property determined to be needed for state\nuse and upon the approval of the secretary of the Finance and Administration\nCabinet as to the determination of need and as to the action of purchase o r other\nacquisition, except as provided in KRS Chapters 175, 176, 177, and 180. All such\nacquisitions of real property or interests therein shall be made in accordance with\nKRS 45A.045;\n(3) (a) To sell or otherwise dispose of all property, including any in terest in real\nproperty, of the state that is not needed or has become unsuitable for public\nuse or would be more suitable consistent with the public interest for some\nother use as determined by the secretary of the Finance and Administration\nCabinet. All such sales or other disposition shall be made in accordance with\nKRS 45A.045.\n(b) A state agency notifying the Finance and Administration Cabinet of its intent\nto dispose of any interest in real property assigned to the state agency shall\ncontinue to provi de maintenance and security of the existing structures,\nbuildings, and land included in the real property until the sale or other\ndisposition is complete in accordance with KRS 45A.045.\n(4) (a) To control the use of any real property owned or otherwise hel d by the\nCommonwealth, or any state agency, and to determine for what periods of\ntime and for what purposes any state agency may use the same, including the\nagency for whose use it was initially acquired or improved, and to determine\nwhat appropriate uses shall be made of such real property during periods that\nthe cabinet finds the same is not required for the purposes of any particular\nstate agency. The cabinet shall allocate to the General Assembly and the\nLegislative Research Commission all space within the New State Capitol\nAnnex in the basement and on the first, second, third, and fourth floors,\nexcluding:\n1. Mechanical areas, public entrances, vestibules, and restrooms; and\n2. The following additional space, as allocated on January 1, 2023:\na. Areas in the basement occupied by the Kentucky State Police and\nFacilities Security;\nb. Areas in the basement operated as the snack bar and cafeteria, as\nwell as storage areas related to the operation of the snack  bar and\ncafeteria;\nc. The area in the basement operated as a nurse's station;\nd. The area in the basement used as an automated teller machine\n(ATM);\ne. The office space in the basement occupied by the Secretary of\nState;\nf. Utility spaces in the basement west wing and east wing\nnorthernmost hallways occupied by janitorial, maintenance, and\nmechanical staff;\ng. The loading dock in the rear of the annex basement, along with the\noffice space immediately adjacent to the loading dock on the back\nwall of the ann ex, provided that the General Assembly and the\nLegislative Research Commission shall be given access to and use\nof the loading dock and the receiving areas adjacent to the loading\ndock; and\nh. Office and studio space on the first floor currently occupied a nd\nused for broadcasting purposes by Kentucky Educational\nTelevision.\nAll space assigned to the legislative branch and plans, uses, furnishings, and\nequipment therefor are subject to the specific approval of the Legislative\nResearch Commission;\n(b) All ad ditional space in the New State Capitol Annex, not specifically\nallocated for use by the General Assembly and the Legislative Research\nCommission in paragraph (a) of this subsection, shall be allocated for the use\nof the legislative branch, with occupancy by the legislative branch to be\ndetermined by the Legislative Research Commission, upon a vote of a\nmajority of the entire membership of the Legislative Research Commission;\n(c) In order for the General Assembly and the Legislative Research Commission\nto e fficiently utilize the space provided by paragraphs (a) and (b) of this\nsubsection, the cabinet shall enter into a memorandum of understanding with\nthe Legislative Research Commission on or about February 1, 2024, and as\noften as every two (2) years therea fter at the request of the Legislative\nResearch Commission, to establish tenancy terms, including but not limited to\nbuilding maintenance, repairs, renovations, and upgrades; facility security;\njanitorial services; and applicable rental and utilities rates . The Legislative\nResearch Commission shall at any time, and upon at least sixty (60) days'\nnotice, be authorized to discontinue the cabinet's provision of janitorial\nservices for the New State Capitol Annex and to enter into a separate contract\nfor the provision of those services, with the applicable rental and utilities rates\nto be proportionately reduced to reflect that separate contract, provided that\nthe Legislative Research Commission may also at any time, and upon at least\nsixty (60) days' notice, el ect to have the cabinet continue or reinstate the\nprovision of those janitorial services at the cabinet's expense;\n(d) For the purposes of this subsection, real property shall include the parking\nareas adjacent to the New State Capitol and the New State Capitol Annex, and\nthe cabinet shall allocate to the General Assembly and the Legislative\nResearch Commission all parking spaces within the Capitol campus parking\ngarage, all parking spaces in the east, south, and west parking lots of the New\nState Capitol Annex, and all parking spaces in the west parking lot of the New\nState Capitol, except for those spaces in the west parking lot of the New State\nCapitol allocated, as of January 1, 2023, to the Supreme Court of Kentucky,\nthe Lieutenant Governor, the Attorne y General, and the Secretary of State.\nAny further allocation of any parking spaces allocated pursuant to this\nparagraph shall be within the sole discretion of the Legislative Research\nCommission or its designee; and\n(e) To determine the housing and furnis hings needs of the various state agencies\nlocated in Frankfort and to establish and put into effect a permanent program\nfor housing them. Subject to paragraphs (a) and (b) of this subsection, the\ncabinet is also authorized and directed to allocate office s pace and furnishings\nin existing public buildings located in Frankfort, exclusive of the third and\nfourth floors of the New State Capitol and the space in the New State Capitol\nAnnex allocated to the legislative branch, according to the needs of the\nvarious agencies. When necessary, the cabinet is authorized to provide\nadditional office space and furnishings in Frankfort under any building\nprogram the cabinet deems most advisable and economical for the state. The\npermanent housing program shall include prov isions for housing the General\nAssembly and its related agencies, including the Legislative Research\nCommission, and its subcommittees, the executive offices, the Supreme Court\nand the clerk of the Supreme Court, the Department of Law and the law\nlibrary, in the New State Capitol, provided the General Assembly and the\nLegislative Research Commission shall have complete control and exclusive\nuse of the third and fourth floors of the New State Capitol and shall have\nexclusive use of the space in the New State  Capitol Annex allocated to them\nunder paragraphs (a) and (b) of this subsection. If there be any additional\nspace in the Capitol, it shall be assigned to agencies whose activities are most\nclosely related to the agencies directed to be located permanently  in the\nCapitol;\n(5) To acquire, by condemnation in the manner provided in the Eminent Domain Act of\nKentucky, any real estate necessary for use by the state or by any state agency,\nwhen the cabinet is unable to agree with the owner thereof on a price for such real\nestate;\n(6) To lease any real property, or any interest in such real property, owned by the state\nor any agency thereof, in accordance with KRS 45A.045;\n(7) To provide for and adopt plans and specifications as may be necessary, to provide\nadequate public notice for and receive bids for any expenditures proposed to be\nmade, to award contracts for the purpose authorized, to supervise construction and\nmake changes and revisions in plans and specifications or in construction as may\nbecome necessary, a nd generally to do any and all other things as may become\nnecessary or expedient in order to effectively fulfill and carry out the purposes of\nthis chapter, including the right to employ clerks, engineers, statisticians, architects,\nor other persons requir ed to be employed in order to fulfill the functions of the\nCommonwealth relating to state property and buildings provided in KRS 56.450 to\n56.550; and\n(8) To adopt rules and promulgate administrative regulations as may be necessary to\ngovern the acquisitio n, control, and disposition of the real property to which this\nsection is applicable.","path":["KRS Chapter 56"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57789","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:11Z","sha256":"a6e0569d14d46cbc6f0445fd7f954c18c69ae57d205e24c001213db2d1836b23","source_id":"us-ky","stale":false,"prev":"us-ky/krs-56.462","next":"us-ky/krs-56.464"},"notice":"GroundRules: Original legal text. Not legal advice."}