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56.463 Powers of cabinet in determining need, controlling, and disposing of real estate.

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56.463 Powers of cabinet in determining need, controlling, and disposing of real estate. The cabinet shall have the power and duty: <br>(1) To determine the comparative needs and demands of the various state agencies for acquiring real estate and for building projects; (2) To purchase or otherwise acquire all real property determined to be needed for state use and upon the approval of the secretary of the Finance and Administration <br>Cabinet as to the determination of need and as to the action of purchase or other <br>acquisition, except as provided in KRS Chapters 175, 176, 177, and 180. All such <br>acquisitions of real property or interests therein shall be made in accordance with <br>KRS 45A.045; (3) To sell or otherwise dispose of all property, including any interest in real property, of the state that is not needed or has become unsuitable for public use or would be <br>more suitable consistent with the public interest for some other use as determined <br>by the secretary of the Finance and Administration Cabinet. All such sales or other <br>disposition shall be made in accordance with KRS 45A.045; (4) (a) To control the use of any real property owned or otherwise held by the Commonwealth, or any state agency, and to determine for what periods of <br>time and for what purposes any state agency may use the same, including the <br>agency for whose use it was initially acquired or improved, and to determine <br>what appropriate uses shall be made of such real property during periods that <br>the cabinet finds the same is not required for the purposes of any particular <br>state agency. The cabinet shall allocate to the General Assembly and the <br>Legislative Research Commission the amount of space within the New State <br>Capitol Annex, currently assigned to the legislative branch in the basement <br>and on the first floor totaling forty-nine thousand six hundred thirty-eight <br>(49,638) square feet; approximately twenty-four thousand four hundred fifty-<br>two (24,452) square feet on the second floor from an imaginary line running <br>north and south down the center of the center wing hallway of the building <br>and all space to the east of this line, excluding mechanical areas, public <br>entrances, and restrooms; approximately twenty-three thousand nine hundred <br>forty (23,940) square feet on the third floor from an imaginary line running <br>north and south down the center of the center wing hallway of the building <br>and all space to the east of this line, excluding mechanical areas, public <br>entrances, and restrooms; approximately twenty-two thousand fifty-six <br>(22,056) square feet on the fourth floor from an imaginary line running north <br>and south down the center of the center wing hallway of the building and all <br>space to the east of this line, excluding mechanical areas, public entrances, <br>and restrooms. All space assigned to the legislative branch and plans, uses, <br>furnishings, and equipment therefor are subject to the specific approval of the <br>Legislative Research Commission; (b) All additional space in the New State Capitol Annex, not specifically allocated for use by the General Assembly and the Legislative Research Commission in <br>paragraph (a) of this subsection, shall be allocated for the use of the legislative branch, with occupancy by the legislative branch to be determined by the <br>Legislative Research Commission. Until the Legislative Research <br>Commission, by vote of a majority of its entire membership, determines that <br>the legislative branch shall occupy all or part of such additional space in the <br>Capitol Annex, the cabinet shall continue to determine the occupancy of such <br>additional space; (c) Forty percent (40%) of the floor space provided by paragraph (a) of this subsection for use by the legislative branch shall be assigned for the use of the <br>Senate. Sixty percent (60%) of the floor space provided by paragraph (a) of <br>this subsection for use by the legislative branch shall be assigned for the use <br>of the House of Representatives; and (d) To determine the housing and furnishings needs of the various state agencies located in Frankfort and to establish and put into effect a permanent program <br>for housing them. Subject to paragraphs (a) and (b) of this subsection, the <br>cabinet is also authorized and directed to allocate office space and furnishings <br>in existing public buildings located in Frankfort, exclusive of the third and <br>fourth floors of the New State Capitol and the space in the New State Capitol <br>Annex allocated to the legislative branch, according to the needs of the <br>various agencies. When necessary, the cabinet is authorized to provide <br>additional office space and furnishings in Frankfort under any building <br>program the cabinet deems most advisable and economical for the state. The <br>permanent housing program shall include provisions for housing the General <br>Assembly and its related agencies, including the Legislative Research <br>Commission, and its subcommittees, the executive offices, the Supreme Court <br>and the clerk of the Supreme Court, the Department of Law and the law <br>library, in the New State Capitol, provided the General Assembly and the <br>Legislative Research Commission shall have complete control and exclusive <br>use of the third and fourth floors of the New State Capitol and shall have <br>exclusive use of the space in the New State Capitol Annex allocated to them <br>under paragraphs (a) and (b) of this subsection. If there be any additional <br>space in the Capitol, it shall be assigned to agencies whose activities are most <br>closely related to the agencies directed to be located permanently in the <br>Capitol; (5) To acquire, by condemnation in the manner provided in the Eminent Domain Act of Kentucky, any real estate necessary for use by the state or by any state agency, when <br>the cabinet is unable to agree with the owner thereof on a price for such real estate; (6) To lease any real property, or any interest in such real property, owned by the state or any agency thereof, in accordance with KRS 45A.045; (7) To provide for and adopt plans and specifications as may be necessary, to provide adequate public notice for and receive bids for any expenditures proposed to be <br>made, to award contracts for the purpose authorized, to supervise construction and <br>make changes and revisions in plans and specifications or in construction as may <br>become necessary, and generally to do any and all other things as may become <br>necessary or expedient in order to effectively fulfill and carry out the purposes of this chapter, including the right to employ clerks, engineers, statisticians, architects, <br>or other persons required to be employed in order to fulfill the functions of the <br>Commonwealth relating to state property and buildings provided in KRS 56.450 to <br>56.550; and (8) To adopt rules and promulgate administrative regulations as may be necessary to govern the acquisition, control, and disposition of the real property to which this <br>section is applicable. Effective: June 24, 2003 <br>History: Amended 2003 Ky. Acts ch. 153, sec. 1, effective June 24, 2003. -- Amended 1998 Ky. Acts ch. 120, sec. 23, effective July 15, 1998. -- Amended 1990 Ky. Acts <br>ch. 496, sec. 31, effective July 13, 1990; and ch. 510, sec. 1, effective July 13, 1990. <br>-- Amended 1986 Ky. Acts ch. 497, sec. 1, effective July 15, 1986. -- Amended 1980 <br>Ky. Acts ch. 226, sec. 1, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 218, <br>sec. 1, effective March 30, 1978; and ch. 384, sec. 539, effective June 17, 1978. -- <br>Amended 1976 Ky. Acts ch. 62, sec. 52; and ch. 140, sec. 19. -- Amended 1974 Ky. <br>Acts ch. 372, sec. 1. -- Amended 1966 Ky. Acts ch. 111, sec. 1. -- Created 1956 (1st <br>Extra. Sess.) Ky. Acts ch. 7, Art. XVI, sec. 4.