Download as PDF
26A.090 Definitions for KRS 26A.090 to 26A.115.
As used in KRS 26A.090 to 26A.115, unless the context otherwise requires:
(1) "Operating costs allowance" means compensation equivalent to the annual
expenses borne by the unit of government for utilities, janitorial service, rent,
insurance, and necessary maintenance, repair, and upkeep of the court facility
which do not increase the permanent value or expected life of the court facility,
but keeps it in efficient operating condition, and, at the election of the
Administrative Office of the Courts, capital costs of interior or mechanical
renovations for the benefit of the court.
(2) "Use allowance" means compensation equal to four percent (4%) annually of
the total original capital costs and the cost of capitalized renovation of the court
facility, except that if indebtedness has been incurred in respect to such capital
costs at an interest rate equal to or greater than seven percent (7%),
compensation shall be at a rate of eight percent (8%) annually of that portion of
the capital costs for which the rate applies. For refinanced projects constructed
or renovated prior to July 1, 1994, the use allowance payment shall not change
for the term of the original bond issue, unless there is a change in the space
occupied. For court facilities renovated or constructed after July 1, 1994, "use
allowance" means the court's proportional share of the annual principal and
interest cost in connection with the renovation or construction, but not to
exceed eight percent (8%) annually of capital costs, or, if there is no debt, four
percent (4%) annually of capital costs. Beginning with court facility construction
or renovation projects authorized by the 2000 Regular Session of the General
Assembly, "use allowance" means the court's proportional share of the annual
principal and interest costs in connection with the construction or renovation of
the facility, not to exceed the authorized annual use allowance.
(3) "Capital costs" means the costs borne by the unit of government, excluding
grants, conditioned by the grantor agency specifically for court facility
construction or renovation, for acquisition of property and for construction and
capitalized renovation including interest accruing during construction or
renovation, but no other interest of each court facility. If capital costs are not
documented, reasonable estimates provided by qualified appraisers will suffice.
After July 14, 2000, capital costs, for the purpose of computing the maximum
annual use allowance, shall not exceed the project scope as authorized by the
General Assembly in the judicial branch budget or as increased and approved
under KRS 26A.164.
(4) "Capitalized renovation" means all remodeling involving the structural or
mechanical systems, except for remodeling that involves substantial demolition
of the original structure. Remodeling involving substantial demolition of the
original structure shall constitute construction resulting in a new court facility.
(5) "Unit of government" means a county, city, urban-county government, special
district, or corporate entity created for the purpose of constructing or holding
title to a court facility.
(6) "Court facility" means the land and buildings owned or operated by a unit of
government in which space for the court of justice is provided. Judges'
benches, jury and witness boxes, and fixed seating shall be considered as
permanent building fixtures.
(7)
"Court facilities standards committee" means a committee consisting of the
Chief Justice or his designee; one (1) judge each of the Court of Appeals, the
Circuit Court, and the District Court appointed by the Supreme Court; the
president of the Circuit Clerks' Association; the chairmen of the House and
Senate Judiciary Committees of the General Assembly; the secretary of the
Finance and Administration Cabinet; the director of the Administrative Office of
the Courts; and a county judge/executive appointed by the Governor. Each
appointed member shall serve for a term of four (4) years from the date of his
appointment or until he vacates the office in respect to which he was
appointed, whichever is earlier.
Effective:July 14, 2000
History: Amended 2000 Ky. Acts ch. 496, sec. 1, effective July 14, 2000. -Amended 1998 Ky. Acts ch. 28, sec. 1, effective March 6, 1998. -- Amended
1994 Ky. Acts ch. 294, sec. 1, effective July 1, 1994. -- Amended 1982 Ky. Acts
ch. 449, sec. 2, effective July 15, 1982. -- Created 1978 Ky. Acts ch. 336, sec. 1,
effective July 1, 1978.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.