<br><br>56.805 Lease of space in building owned by a governmental unit or space required <br>because of emergency. <br>(1) Notwithstanding the provisions of KRS 56.803(4) to (19), this section shall govern <br>the leasing of space in a building owned by the federal government, by a political <br>subdivision or municipal corporation of the Commonwealth, or if the space is <br>required as the result of a bona fide emergency. <br>(2) When the commissioner of the Department for Facilities Management determines <br>that it is in the Commonwealth's best interest for him to negotiate a lease in a <br>building owned by the federal government or by a political subdivision or municipal <br>corporation of the Commonwealth, he shall do so. The commissioner shall state in <br>writing his justifications for the determination, and the writing shall be kept on file. <br>(3) A bona fide emergency shall be deemed to exist only in cases where the head of an <br>agency already occupying leased premises certifies in writing to the Secretary of the <br>Finance and Administration Cabinet that: <br>(a) The leased premises have been damaged or destroyed by fire, windstorm, or <br>other casualty; or <br>(b) The leased premises are found to be in violation of regulations of the <br>Kentucky Occupational Safety and Health Review Commission, and the <br>violations cannot be remedied within thirty (30) days after the issuance of a <br>citation to the lessor of the premises; or <br>(c) The leased premises are found to be unsafe or unfit for occupancy due to any <br>condition constituting a violation or infraction of fire or health laws and <br>regulations and cannot be made safe within a reasonable time; or <br>(d) 1. <br>The necessity for leased premises arises from the enactment or adoption <br>of federal legislation or regulations or state legislation, the effective date <br>of which mandates commencement of programs to be housed in leased <br>space before there is time for space to be acquired by public notice; and <br>2. <br>The agency's functions will be impaired or have to be discontinued <br>unless other quarters to house the agency's operations are immediately <br>located and occupied by the agency; or <br>(e) An emergency, other than one described in paragraph (a), (b), (c), or (d) of <br>this subsection, exists, and the Governor has given his express written <br>authorization of an emergency lease. The certificate shall state the details of <br>the emergency, and the head of the agency shall include the Governor's written <br>authorization along with the certificate sent to the Secretary of Finance and <br>Administration Cabinet. <br>(4) Upon receipt by the Finance and Administration Cabinet of the certificate, written <br>pursuant to paragraph (a), (b), (c), or (d) of subsection (3) of this section, or the <br>certificate and the Governor's authorization written pursuant to paragraph (e) of <br>subsection (3) of this section, the Department for Facilities Management shall take <br>the action to locate and negotiate for the lease of space meeting the certifying <br>agency's reasonable needs. As appropriate, the department shall keep the certificate <br>or the certificate and the Governor's written authorization on file. <br><br>Effective: July 15, 1998 <br>History: Amended 1998 Ky. Acts ch. 120, sec. 28, effective July 15, 1998; and ch. 539, <br>sec. 6, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 512, sec. 5, effective <br>July 13, 1990. <br>Legislative Research Commission Note (7/15/98). This section was amended by 1998 <br>Ky. Acts chs. 120 and 539 which do not appear to be in conflict and have been <br>codified together. <br><br>