AN ACT relating to state government.

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AN ACT relating to state government. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 56.463 is amended to read as follows: 3
The cabinet shall have the power and duty: 4
(1) To determine the comparative needs and demands of the various state agencies for 5
acquiring real estate and for building projects; 6
(2) To purchase or otherwise acquire all real property determined to be needed for state 7
use and upon the approval of the secretary of the Finance and Administration 8
Cabinet as to the determination of need and as to the action of purchase or other 9
acquisition, except as provided in KRS Ch apters 175, 176, 177, and 180. All such 10
acquisitions of real property or interests therein shall be made in accordance with 11
KRS 45A.045; 12
(3) To sell or otherwise dispose of all property, including any interest in real property, 13
of the state that is not needed or has become unsuitable for public use or would be 14
more suitable consistent with the public interest for some other use as determined 15
by the secretary of the Finance and Administration Cabinet. All such sales or other 16
disposition shall be made in accordance with KRS 45A.045; 17
(4) (a) To control the use of any real property owned or otherwise held by the 18
Commonwealth, or any state agency, an d to determine for what periods of 19
time and for what purposes any state agency may use the same, including the 20
agency for whose use it was initially acquired or improved, and to determine 21
what appropriate uses shall be made of such real property during per iods that 22
the cabinet finds the same is not required for the purposes of any particular 23
state agency. The cabinet shall allocate to the General Assembly and the 24
Legislative Research Commission all space within the New State Capitol 25
Annex in the basement an d on the first, second, third, and fourth floors, 26
excluding: 27
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1. Mechanical areas, public entrances, vestibules, and restrooms; and 1
2. The following additional space, as allocated on January 1, 2023: 2
a. Areas in the basement occupied by the Kentucky State P olice and 3
Facilities Security; 4
b. Areas in the basement operated as the snack bar and cafeteria, as 5
well as storage areas related to the operation of the snack bar and 6
cafeteria; 7
c. The area in the basement operated as a nurse's station; 8
d. The area in the basement used as an automated teller machine 9
(ATM); 10
e. The office space in the basement occupied by the Secretary of 11
State; 12
f. Utility spaces in the basement west wing and east wing 13
northernmost hallways occupied by janitorial, maintenance, and 14
mechanical staff; 15
g. The loading dock in the rear of the annex basement, along with the 16
office space immediately adjacent to the loading dock on the back 17
wall of the annex, provided that the General Assembly and the 18
Legislative Research Commission shall be given acc ess to and use 19
of the loading dock and the receiving areas adjacent to the loading 20
dock; and 21
h. Office and studio space on the first floor currently occupied and 22
used for broadcasting purposes by Kentucky Educational 23
Television. 24
All space assigned to the legislative branch and plans, uses, furnishings, and 25
equipment therefor are subject to the specific approval of the Legislative 26
Research Commission; 27
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(b) All additional space in the New State Capitol Annex, not specifically 1
allocated for use by the General Assembly and the Legislative Research 2
Commission in paragraph (a) of this subsection, shall be allocated for the use 3
of the legislative branch, with occupancy by the legislative branch to be 4
determined by the Legislative Research Commission, upon a vote of a 5
majority of the entire membership of the Legislative Research Commission; 6
(c) In order for the General Assembly and the Legislative Research Commission 7
to efficiently utilize the space provided by paragraphs (a) and (b) of this 8
subsection, the cabinet s hall enter into a memorandum of understanding with 9
the Legislative Research Commission on or about February 1, 2024, and as 10
often as every two (2) years thereafter at the request of the Legislative 11
Research Commission, to establish tenancy terms, including but not limited to 12
building maintenance, repairs, renovations, and upgrades; facility security; 13
janitorial services; and applicable rental and utilities rates. The Legislative 14
Research Commission shall at any time, and upon at least sixty (60) days' 15
notice, be authorized to discontinue the cabinet's provision of janitorial 16
services for the New State Capitol Annex and to enter into a separate contract 17
for the provision of those services, with the applicable rental and utilities rates 18
to be proportionately r educed to reflect that separate contract, provided that 19
the Legislative Research Commission may also at any time, and upon at least 20
sixty (60) days' notice, elect to have the cabinet continue or reinstate the 21
provision of those janitorial services at the cabinet's expense; 22
(d) For the purposes of this subsection, real property shall include the parking 23
areas adjacent to the New State Capitol and the New State Capitol Annex, and 24
the cabinet shall allocate to the General Assembly and the Legislative 25
Research Commission all parking spaces within the Capitol campus parking 26
garage, all parking spaces in the east, south, and west parking lots of the New 27
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State Capitol Annex, and all parking spaces in the west parking lot of the New 1
State Capitol, except for those s paces in the west parking lot of the New State 2
Capitol allocated, as of January 1, 2023, to the Supreme Court of Kentucky, 3
the Lieutenant Governor, the Attorney General, and the Secretary of State. 4
Any further allocation of any parking spaces allocated pur suant to this 5
paragraph shall be within the sole discretion of the Legislative Research 6
Commission or its designee; and 7
(e) To determine the housing and furnishings needs of the various state agencies 8
located in Frankfort and to establish and put into effe ct a permanent program 9
for housing them. Subject to paragraphs (a) and (b) of this subsection, the 10
cabinet is also authorized and directed to allocate office space and furnishings 11
in existing public buildings located in Frankfort, exclusive of the third an d 12
fourth floors of the New State Capitol and the space in the New State Capitol 13
Annex allocated to the legislative branch, according to the needs of the 14
various agencies. When necessary, the cabinet is authorized to provide 15
additional office space and furn ishings in Frankfort under any building 16
program the cabinet deems most advisable and economical for the state. The 17
permanent housing program shall include provisions for housing the General 18
Assembly and its related agencies, including the Legislative Resea rch 19
Commission, and its subcommittees, the executive offices, the Supreme Court 20
and the clerk of the Supreme Court, the Department of Law and the law 21
library, in the New State Capitol, provided the General Assembly and the 22
Legislative Research Commission s hall have complete control and exclusive 23
use of the third and fourth floors of the New State Capitol and shall have 24
exclusive use of the space in the New State Capitol Annex allocated to them 25
under paragraphs (a) and (b) of this subsection. If there be any additional 26
space in the Capitol, it shall be assigned to agencies whose activities are most 27
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closely related to the agencies directed to be located permanently in the 1
Capitol; 2
(5) To acquire, by condemnation in the manner provided in the Eminent Domain Act of 3
Kentucky, any real estate necessary for use by the state or by any state agency, 4
when the cabinet is unable to agree with the owner thereof on a price for such real 5
estate; 6
(6) To lease any real property, or any interest in such real property, owned by the state 7
or any agency thereof, in accordance with KRS 45A.045; 8
(7) To provide for and adopt plans and specifications as may be necessary, to provide 9
adequate public notice for and receive bids for any expenditures proposed to be 10
made, to award contracts for the purpose authorized, to supervise construction and 11
make changes and revisions in plans and specifications or in construction as may 12
become necessary, and generally to do any and all other things as may become 13
necessary or expedient in order to effe ctively fulfill and carry out the purposes of 14
this chapter, including the right to employ clerks, engineers, statisticians, architects, 15
or other persons required to be employed in order to fulfill the functions of the 16
Commonwealth relating to state propert y and buildings provided in KRS 56.450 to 17
56.550; and 18
(8) To adopt rules and promulgate administrative regulations in accordance with KRS 19
Chapter 13A as may be necessary to govern the acquisition, control, and disposition 20
of the real property to which this section is applicable. 21