26A.090 Definitions for KRS 26A.090 to 26A.115.
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26A.090 Definitions for KRS 26A.090 to 26A.115.
As used in KRS 26A.090 to 26A.115, unless the context otherwise requires: <br>(1) "Operating costs allowance" means compensation equivalent to the annual expenses
borne by the unit of government for utilities, janitorial service, rent, insurance, and <br>necessary maintenance, repair, and upkeep of the court facility which do not <br>increase the permanent value or expected life of the court facility, but keeps it in <br>efficient operating condition, and, at the election of the Administrative Office of the <br>Courts, capital costs of interior or mechanical renovations for the benefit of the <br>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, <br>except that if indebtedness has been incurred in respect to such capital costs at an <br>interest rate equal to or greater than seven percent (7%), compensation shall be at a <br>rate of eight percent (8%) annually of that portion of the capital costs for which the <br>rate applies. For refinanced projects constructed or renovated prior to July 1, 1994, <br>the use allowance payment shall not change for the term of the original bond issue, <br>unless there is a change in the space occupied. For court facilities renovated or <br>constructed after July 1, 1994, "use allowance" means the court's proportional share <br>of the annual principal and interest cost in connection with the renovation or <br>construction, but not to exceed eight percent (8%) annually of capital costs, or, if <br>there is no debt, four percent (4%) annually of capital costs. Beginning with court <br>facility construction or renovation projects authorized by the 2000 Regular Session <br>of the General Assembly, "use allowance" means the court's proportional share of <br>the annual principal and interest costs in connection with the construction or <br>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 <br>renovation, for acquisition of property and for construction and capitalized <br>renovation including interest accruing during construction or renovation, but no <br>other interest of each court facility. If capital costs are not documented, reasonable <br>estimates provided by qualified appraisers will suffice. After July 14, 2000, capital <br>costs, for the purpose of computing the maximum annual use allowance, shall not <br>exceed the project scope as authorized by the General Assembly in the judicial <br>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 <br>the original structure. Remodeling involving substantial demolition of the original <br>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 <br>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
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and witness boxes, and fixed seating shall be considered as permanent building <br>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 <br>Court, and the District Court appointed by the Supreme Court; the president of the <br>Circuit Clerks' Association; the chairmen of the House and Senate Judiciary <br>Committees of the General Assembly; the secretary of the Finance and <br>Administration Cabinet; the director of the Administrative Office of the Courts; and <br>a county judge/executive appointed by the Governor. Each appointed member shall <br>serve for a term of four (4) years from the date of his appointment or until he <br>vacates the office in respect to which he was appointed, whichever is earlier.
Effective: July 14, 2000 <br>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 <br>ch. 294, sec. 1, effective July 1, 1994. -- Amended 1982 Ky. Acts ch. 449, sec. 2, <br>effective July 15, 1982. -- Created 1978 Ky. Acts ch. 336, sec. 1, effective July 1, <br>1978.
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