56.805 Lease of space in building owned by a governmental unit or space required
484 words·~2 min read·
/ky/56-805A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
because of emergency.
(1)Notwithstanding the provisions of KRS 56.803(4) to (19), this section shall govern
the leasing of space in a building owned by the federal government, by a political
subdivision or municipal corporation of the Commonwealth, or if the space is
required as the result of a bona fide emergency.
(2)When the commissioner of the Department for Facilities Management determines
that it is in the Commonwealth's best interest for him to negotiate a lease in a
building owned by the federal government or by a political subdivision or municipal
corporation of the Commonwealth, he shall do so. The commissioner shall state in
writing his justifications for the determination, and the writing shall be kept on file.
(3)A bona fide emergency shall be deemed to exist only in cases where the head of an
agency already occupying leased premises certifies in writing to the Secretary of the
Finance and Administration Cabinet that:
(a)The leased premises have been damaged or destroyed by fire, windstorm, or
other casualty; or
(b)The leased premises are found to be in violation of regulations of the
Kentucky Occupational Safety and Health Review Commission, and the
violations cannot be remedied within thirty
(30)days after the issuance of a
citation to the lessor of the premises; or
(c)The leased premises are found to be unsafe or unfit for occupancy due to any
condition constituting a violation or infraction of fire or health laws and
regulations and cannot be made safe within a reasonable time; or
(d)1. The necessity for leased premises arises from the enactment or adoption
of federal legislation or regulations or state legislation, the effective date
of which mandates commencement of programs to be housed in leased
space before there is time for space to be acquired by public notice; and
2. The agency's functions will be impaired or have to be discontinued
unless other quarters to house the agency's operations are immediately
located and occupied by the agency; or
(e)An emergency, other than one described in paragraph (a), (b), (c), or
(d)of
this subsection, exists, and the Governor has given his express written
authorization of an emergency lease. The certificate shall state the details of
the emergency, and the head of the agency shall include the Governor's written
authorization along with the certificate sent to the Secretary of Finance and
Administration Cabinet.
(4)Upon receipt by the Finance and Administration Cabinet of the certificate, written
pursuant to paragraph (a), (b), (c), or
(d)of subsection
(3)of this section, or the
certificate and the Governor's authorization written pursuant to paragraph
(e)of
subsection
(3)of this section, the Department for Facilities Management shall take
the action to locate and negotiate for the lease of space meeting the certifying
agency's reasonable needs. As appropriate, the department shall keep the certificate
or the certificate and the Governor's written authorization on file.