Request By:
Mr. Vic Hellard, Jr.
Director
Legislative Research Commission
Capitol Building
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear
You wrote us on behalf of the Interim Joint Committee on State Government to request our opinion on the following issue:
"Is it legal to charge members of the public a fee for tours of public buildings in general and of the Governor's Mansion in particular?
"The legislative committee voted to request your opinion on this matter after its discussion of an enclosed newspaper account of plans to sell tickets for public tours of the Governor's Mansion between April 17 and 25, 1983."
See KRS 56.463, relating to the power of the Finance and Administration Cabinet in the control and use of real property owned or otherwise held by the Commonwealth. The control of state properties, including the Governor's Mansion, is immediately under the supervision of the Department for Facilities Management, pursuant to KRS 42.014, 42.027, and 42.035 (Executive Mansion) . See generally KRS Chapters 45, 45A and 56, relating to state real property management functions.
Our examination of the statutes relating to the control and use of the Governor's Mansion discloses no statutory authority for the state's charging a fee or a ticket price for touring the mansion, regardless of the floor or floors of the building.
The Cabinet for Finance and Administration, in the control and use of the property, has only those powers expressly granted by the General Assembly or those powers which may be necessarily implied as a part of its function. We are unable to read into any of those statutes the authority to charge the general public a fee for touring the Governor's Mansion. The raising of revenue for state buildings is authorized in the Constitution (see §§ 171, 174, 181, and 230) and statutes, relating to taxation, and the statutes, as relating to any nontax fund raising. The Governor's Mansion is used to house the incumbent governor. It is not a part of the state park system.
As relates to state park systems,
Justice Montgomery, for the Court, in Kentucky Lake Vacatioin Land v. State Prop. & B. Com'n, Ky., 333 S.W.2d 779 (1960), observed that "It has always been recognized that charges may be made for the use of certain facilities at state parks while other facilities may be free to the public." Thus, he said, it is customary that fees are paid for the use of rooms at park hotels and cabins, for the use of golf courses, and other privileges, and that the use of certain swimming and beach facilities may be free. The Court noted that the "Legislature has specifically authorized the Division of Parks to fix fees and charges for the use of said parks, and the improvements and facilities constructed therein, and provide for the collection of said fees and charges . . . . KRS 148.020(3)." KRS 148.020 was repealed in 1964. However, see KRS 148.021(4), expressly authorizing the Department of Parks to operate parks and fix fees and charges for use of said parks. Also see similar provisions for fees or charges in connection with the Kentucky Horse Park in KRS 148.300 and 148.320.
We have been informed that the Save the Mansion, Inc., is a nonprofit corporation organized to raise funds for the mansion renovation. The tour of the mansion, we are told, will be a one-shot deal covering the entire mansion. That corporation will sell the tickets for the tour and ultimately apply the proceeds to the mansion renovation and for mansion furnishings. We are also informed that the Governor is given the use of the mansion free of rent, since that is supposed to be his legal residence while in office. There is no statutory provision for tours of any kind as relates to the mansion. However, it has been customary to admit the public free of charge to the public rooms of the mansion on the first floor.
CONCLUSION
While we see no problem in citizens voluntarily making a donation to see the mansion, it is our opinion that the Cabinet for Finance and Administration has no statutory authority to charge fees or ticket costs to the public for a tour of the Governor's Mansion, either for a one-time situation or more. Further, the Cabinet for Finance and Administration has no authority to permit Save the Mansion, Inc. to sell tickets to the public for such a tour of the Governor's Mansion.
In a very basic sense, the Governor's Mansion belongs to the people of the Commonwealth, who have constructed it and maintained it with their tax dollars. Therefore, the affording of access to its rooms, free of charge, is in the spirit of recognizing that it is the "people's house", and that the ultimate ownership of this historic building rests with them.
We are sending a copy of this opinion to the Cabinet For Finance and Administration in the hope that it will be followed without the need for any subsequent action on our part.