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AN ACT relating to transactions between the Legislative Research Commission and 1
the executive branch. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
ď˘Section 1. KRS 56.463 is amended to read as follows: 4
The cabinet shall have the power and duty: 5
(1) To determine the comparative needs and demands of the various state agencies for 6
acquiring real estate and for building projects; 7
(2) To purchase or otherwise acquire all real property determined to be needed for state 8
use and upon the approval of the secretary of the Finance and Administration 9
Cabinet as to the determination of need and as to the action of purchase or other 10
acquisition, except as provided in KRS Chapters 175, 176, 177, and 180. All such 11
acquisitions of real property or interests therein shall be made in accordance with 12
KRS 45A.045; 13
(3) To sell or otherwise dispose of all property, including any interest in real property, 14
of the state that is not needed or has become unsuitable for public use or would be 15
more suitable consistent with the public interest for some other use as determined 16
by the secretary of the Finance and Administration Cabinet. All such sales or other 17
disposition shall be made in accordance with KRS 45A.045; 18
(4) (a) To control the use of any real property owned or otherwise held by the 19
Commonwealth, or any state agency, and to determine for what periods of 20
time and for what purposes any state agency may use the same, including the 21
agency for whose use it was initially acquired or improved, and to determine 22
what appropriate uses shall be made of such real property during periods that 23
the cabinet finds the same is not required for the purposes of any particular 24
state agency. The cabinet shall allocate to the General Assembly and the 25
Legislative Research Commission all[the amount of] space within the New 26
State Capitol Annex[, currently assigned to the legislative branch] in the 27 UNOFFICIAL COPY 23 RS BR 1296
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basement and on the first, second, third, and fourth floors[ floor totaling 1
forty-nine thousand six hundred thirty-eight (49,638) square feet; 2
approximately twenty-four thousand four hundred fifty-two (24,452) square 3
feet on the second floor from an imaginary line running north and south down 4
the center of the center wing hallway of the building and all space to the east 5
of this line], excluding: 6
1. Mechanical areas, public entrances, vestibules, and restrooms; and 7
2. The following additional space, as allocated on January 1, 2023: 8
a. Areas in the basement occupied by the Kentucky State Police and 9
Facilities Security; 10
b. Areas in the basement operated as the snack bar and cafeteria, 11
as well as storage areas related to the operation of the snack bar 12
and cafeteria; 13
c. The area in the basement operated as a nurse's station; 14
d. The area in the basement used as an automated teller machine 15
(ATM); 16
e. The office space in the basement occupied by the Secretary of 17
State; 18
f. Utility spaces in the basement west wing and east wing 19
northernmost hallways occupied by janitorial, maintenance, and 20
mechanical staff; 21
g. The loading dock in the rear of the annex basement, along with 22
the office space immediately adjacent to the loading dock on the 23
back wall of the annex, provided that the General Assembly and 24
the Legislative Research Commission shall be given access to 25
and use of the loading dock and the receiving areas adjacent to 26
the loading dock; and 27 UNOFFICIAL COPY 23 RS BR 1296
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h. Office and studio space on the first floor currently occupied and 1
used for broadcasting purposes by Kentucky Educational 2
Television[; approximately twenty-three thousand nine hundred 3
forty (23,940) square feet on the third floor from an imaginary line 4
running north and south down the center of the center wing 5
hallway of the building and all space to the east of this line, 6
excluding mechanical areas, public entrances, and restrooms; 7
approximately twenty-two thousand fifty-six (22,056) square feet 8
on the fourth floor from an imaginary line running north and south 9
down the center of the center wing hallway of the building and all 10
space to the east of this line, excluding mechanical areas, public 11
entrances, and restrooms]. 12
All space assigned to the legislative branch and plans, uses, furnishings, and 13
equipment therefor are subject to the specific approval of the Legislative 14
Research Commission; 15
(b) All additional space in the New State Capitol Annex, not specifically 16
allocated for use by the General Assembly and the Legislative Research 17
Commission in paragraph (a) of this subsection, shall be allocated for the use 18
of the legislative branch, with occupancy by the legislative branch to be 19
determined by the Legislative Research Commission, upon a[. Until the 20
Legislative Research Commission, by] vote of a majority of the[its] entire 21
membership of the Legislative Research Commission[, determines that the 22
legislative branch shall occupy all or part of such additional space in the 23
Capitol Annex, the cabinet shall continue to determine the occupancy of such 24
additional space]; 25
(c) [Forty percent (40%) of the floor space provided by paragraph (a) of this 26
subsection for use by the legislative branch shall be assigned for the use of the 27 UNOFFICIAL COPY 23 RS BR 1296
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Senate. Sixty percent (60%) of the floor space provided by paragraph (a) of 1
this subsection for use by the legislative branch shall be assigned for the use 2
of the House of Representatives; and 3
(d) ]In order for the General Assembly and the Legislative Research 4
Commission to efficiently utilize the space provided by paragraphs (a) and 5
(b) of this subsection, the cabinet shall enter into a memorandum of 6
understanding with the Legislative Research Commission on or about 7
February 1, 2024, and as often as every two (2) years thereafter at the 8
request of the Legislative Research Commission, to establish tenancy terms, 9
including but not limited to building maintenance, repairs, renovations, and 10
upgrades; facility security; janitorial services; and applicable rental and 11
utilities rates. The Legislative Research Commission shall at any time, and 12
upon at least sixty (60) days' notice, be authorized to discontinue the 13
cabinet's provision of janitorial services for the New State Capitol Annex 14
and to enter into a separate contract for the provision of those services, with 15
the applicable rental and utilities rates to be proportionately reduced to 16
reflect that separate contract, provided that the Legislative Research 17
Commission may also at any time, and upon at least sixty (60) days' notice, 18
elect to have the cabinet continue or reinstate the provision of those 19
janitorial services at the cabinet's expense; 20
(d) For the purposes of this subsection, real property shall include the parking 21
areas adjacent to the New State Capitol and the New State Capitol Annex, 22
and the cabinet shall allocate to the General Assembly and the Legislative 23
Research Commission all parking spaces within the Capitol campus parking 24
garage, all parking spaces in the east, south, and west parking lots of the 25
New State Capitol Annex, and all parking spaces in the west parking lot of 26
the New State Capitol, except for those spaces in the west parking lot of the 27 UNOFFICIAL COPY 23 RS BR 1296
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New State Capitol allocated, as of January 1, 2023, to the Supreme Court of 1
Kentucky, the Attorney General, and the Secretary of State. Any further 2
allocation of any parking spaces allocated pursuant to this paragraph shall 3
be within the sole discretion of the Legislative Research Commission or its 4
designee; and 5
(e) To determine the housing and furnishings needs of the various state agencies 6
located in Frankfort and to establish and put into effect a permanent program 7
for housing them. Subject to paragraphs (a) and (b) of this subsection, the 8
cabinet is also authorized and directed to allocate office space and furnishings 9
in existing public buildings located in Frankfort, exclusive of the third and 10
fourth floors of the New State Capitol and the space in the New State Capitol 11
Annex allocated to the legislative branch, according to the needs of the 12
various agencies. When necessary, the cabinet is authorized to provide 13
additional office space and furnishings in Frankfort under any building 14
program the cabinet deems most advisable and economical for the state. The 15
permanent housing program shall include provisions for housing the General 16
Assembly and its related agencies, including the Legislative Research 17
Commission, and its subcommittees, the executive offices, the Supreme Court 18
and the clerk of the Supreme Court, the Department of Law and the law 19
library, in the New State Capitol, provided the General Assembly and the 20
Legislative Research Commission shall have complete control and exclusive 21
use of the third and fourth floors of the New State Capitol and shall have 22
exclusive use of the space in the New State Capitol Annex allocated to them 23
under paragraphs (a) and (b) of this subsection. If there be any additional 24
space in the Capitol, it shall be assigned to agencies whose activities are most 25
closely related to the agencies directed to be located permanently in the 26
Capitol; 27 UNOFFICIAL COPY 23 RS BR 1296
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(5) To acquire, by condemnation in the manner provided in the Eminent Domain Act of 1
Kentucky, any real estate necessary for use by the state or by any state agency, 2
when the cabinet is unable to agree with the owner thereof on a price for such real 3
estate; 4
(6) To lease any real property, or any interest in such real property, owned by the state 5
or any agency thereof, in accordance with KRS 45A.045; 6
(7) To provide for and adopt plans and specifications as may be necessary, to provide 7
adequate public notice for and receive bids for any expenditures proposed to be 8
made, to award contracts for the purpose authorized, to supervise construction and 9
make changes and revisions in plans and specifications or in construction as may 10
become necessary, and generally to do any and all other things as may become 11
necessary or expedient in order to effectively fulfill and carry out the purposes of 12
this chapter, including the right to employ clerks, engineers, statisticians, architects, 13
or other persons required to be employed in order to fulfill the functions of the 14
Commonwealth relating to state property and buildings provided in KRS 56.450 to 15
56.550; and 16
(8) To adopt rules and promulgate administrative regulations as may be necessary to 17
govern the acquisition, control, and disposition of the real property to which this 18
section is applicable. 19