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26A.160
Design, financing, and construction of court facilities -- Rules of
procedure and guidelines -- Oversight -- Financing requirements -- Project
standards -- Application.
(1)
(2)
The Chief Justice shall establish rules of procedure or guidelines on matters relating
to the design, financing, and construction of court facilities. The rules or guidelines
shall encompass:
(a) The duties and responsibilities of the Administrative Office of the Courts
under this section;
(b) Criteria for evaluating the feasibility or practicability of various contracting or
construction methods;
(c) A project management system for managing, monitoring, and reporting on
projects through all phases from funding to completion, including changeorder procedures;
(d) Assistance to counties in evaluating proposals for architectural, construction,
or other professional services;
(e) Methods for financing energy savings projects, Americans with Disabilities
Act projects, and other improvement projects;
(f) Kentucky standards for court facilities, including detailed requirements for
space, construction, interior and exterior finishes, structural and mechanical
systems, fixed and moveable furniture and equipment, and maximum unit cost
for court facilities throughout the Commonwealth; and
(g) The maintenance and operation of court facilities after construction.
The Administrative Office of the Courts shall oversee the design, financing, and
construction of court facilities. The Administrative Office of the Courts shall:
(a) Assess the need for court facilities construction or renovation throughout the
Commonwealth. The assessment shall consider the age, space adequacy,
projected needs, structural soundness, mechanical and electrical systems,
security needs, and interior and exterior quality of existing court facilities;
(b) Develop a project program for the construction or renovation of court
facilities that the Administrative Office of the Courts determines to be most in
need of construction or renovation, based on the needs assessment required
under paragraph (a) of this subsection. The project program shall detail a
complete and specifically defined court facilities project that conforms to the
Kentucky standards for court facilities established under paragraph (f) of
subsection (1) of this section, and shall include itemized space requirements,
space relationships, design goals, scope limits, site considerations, cost
estimates, and a proposed project budget;
(c) Establish the financial condition of any county that contains a court facility for
which a project program under paragraph (b) of this subsection has been
developed to determine the county's ability to participate in the proposed
project. The Administrative Office of the Courts may discharge this
responsibility by obtaining certification of the county's financial condition
from the Department for Local Government under KRS 147A.021(5);
(d)
(3)
(4)
(5)
(6)
(7)
Develop a prioritized list, with cost estimates, based on land availability and
the considerations required by this section, of proposed court facilities
projects, and submit the list to the Chief Justice for approval and to the Court
Facilities Standards Committee for informational purposes only. Upon
approval by the Chief Justice, the Administrative Office of the Courts shall
submit the prioritized list to the Capital Planning Advisory Board, by April 15
of each odd-numbered year, in accordance with KRS 7A.120; and
(e) Develop and maintain uniform contracts to be used by local units of
government when procuring architectural, construction, financial, or other
services relating to court facilities projects authorized by the General
Assembly.
Before the Administrative Office of the Courts submits a budget request for court
projects under KRS 48.050, each local unit of government that is expected to
participate in financing a requested court project shall enter into a written
memorandum of agreement with the Administrative Office of the Courts. Each
county with a court project authorized by the 2000 General Assembly shall enter
into a written memorandum of agreement with the Administrative Office of the
Courts. The agreement shall be developed by the Administrative Office of the
Courts, shall specify the rights, duties, and obligations of the local unit of
government and the Administrative Office of the Courts relating to the project, and
shall be contingent upon the project's authorization by the General Assembly.
No contract and no modification to any contract relating to the design, financing, or
construction of court facilities projects authorized by the General Assembly shall be
executed unless first reviewed and approved by the Administrative Office of the
Courts.
All court facilities projects, beginning with those authorized by the 2000 General
Assembly, shall comply with the Kentucky standards for court facilities established
under paragraph (f) of subsection (1) of this section. No other standards shall be
used.
This section shall not affect or apply to any contract executed prior to July 14, 2000.
All local units of government or any other entity providing space to the Court of
Justice under KRS 26A.100 shall, consistent with the law, comply with the rules of
procedure and guidelines established by the Chief Justice and administered by the
Administrative Office of the Courts under this section.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 117, sec. 18, effective July 15, 2010. -- Amended
2007 Ky. Acts ch. 47, sec. 11, effective June 26, 2007. -- Created 2000 Ky. Acts ch.
496, sec. 2, effective July 14, 2000.
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