{"data":{"id":"us-ky/krs-56.805","jurisdiction":"us-ky","citation":"KRS 56.805","heading":"Lease of space in building owned by a governmental unit or space required","body":"because of emergency.\n(1) Notwithstanding the provisions of KRS 56.803(4) to (19), this section shall govern\nthe leasing of space in a building owned by the federal government, b y a political\nsubdivision or municipal corporation of the Commonwealth, or if the space is\nrequired as the result of a bona fide emergency.\n(2) When the commissioner of the Department for Facilities Management determines\nthat it is in the Commonwealth's be st interest for him to negotiate a lease in a\nbuilding owned by the federal government or by a political subdivision or municipal\ncorporation of the Commonwealth, he shall do so. The commissioner shall state in\nwriting his justifications for the determination, and the writing shall be kept on file.\n(3) A bona fide emergency shall be deemed to exist only in cases where the head of an\nagency already occupying leased premises certifies in writing to the Secretary of the\nFinance and Administration Cabinet that:\n(a) The leased premises have been damaged or destroyed by fire, windstorm, or\nother casualty; or\n(b) The leased premises are found to be in violation of regulations of the\nKentucky Occupational Safety and Health Review Commission, and the\nviolations cannot be remedied within thirty (30) days after the issuance of a\ncitation to the lessor of the premises; or\n(c) The leased premises are found to be unsafe or unfit for occupancy due to any\ncondition constituting a violation or infraction of fire or health law s and\nregulations and cannot be made safe within a reasonable time; or\n(d) 1. The necessity for leased premises arises from the enactment or adoption\nof federal legislation or regulations or state legislation, the effective date\nof which mandates commencem ent of programs to be housed in leased\nspace before there is time for space to be acquired by public notice; and\n2. The agency's functions will be impaired or have to be discontinued\nunless other quarters to house the agency's operations are immediately\nlocated and occupied by the agency; or\n(e) An emergency, other than one described in paragraph (a), (b), (c), or (d) of\nthis subsection, exists, and the Governor has given his express written\nauthorization of an emergency lease. The certificate shall state t he details of\nthe emergency, and the head of the agency shall include the Governor's written\nauthorization along with the certificate sent to the Secretary of Finance and\nAdministration Cabinet.\n(4) Upon receipt by the Finance and Administration Cabinet of  the certificate, written\npursuant to paragraph (a), (b), (c), or (d) of subsection (3) of this section, or the\ncertificate and the Governor's authorization written pursuant to paragraph (e) of\nsubsection (3) of this section, the Department for Facilities Management shall take\nthe action to locate and negotiate for the lease of space meeting the certifying\nagency's reasonable needs. As appropriate, the department shall keep the certificate\nor the certificate and the Governor's written authorization on file.","path":["KRS Chapter 56"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22701","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:11Z","sha256":"d68c0fb516c10c5ee20631045b5b7066d40b59af5397a7959d87bf356376fcf2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-56.804","next":"us-ky/krs-56.806"},"notice":"GroundRules: Original legal text. Not legal advice."}