{"data":{"id":"us-ky/krs-26a.090","jurisdiction":"us-ky","citation":"KRS 26A.090","heading":"Definitions for KRS 26A.090 to 26A.115.","body":"As used in KRS 26A.090 to 26A.115, unless the context otherwise requires:\n(1) \"Operating costs allowance\" means compensation equivalent to the annual expenses\nborne by the unit of government for utilities, janitorial service, rent, insurance, and\nnecessary maintenance, repair, and upkeep of the court facility which do not\nincrease the permanent value or expected life of the court facility, but keeps it in\nefficient operating condition, and, at the election of the Administrative Office of the\nCourts, capital  costs of interior or mechanical renovations for the benefit of the\ncourt.\n(2) \"Use allowance\" means compensation equal to four percent (4%) annually of the\ntotal original capital costs and the cost of capitalized renovation of the court facility,\nexcept that if indebtedness has been incurred in respect to such capital costs at an\ninterest rate equal to or greater than seven percent (7%), compensation shall be at a\nrate of eight percent (8%) annually of that portion of the capital costs for which the\nrate applies. For refinanced projects constructed or renovated prior to July 1, 1994,\nthe use allowance payment shall not change for the term of the original bond issue,\nunless there is a change in the space occupied. For court facilities renovated or\nconstructed after July 1, 1994, \"use allowance\" means the court's proportional share\nof the annual principal and interest cost in connection with the renovation or\nconstruction, but not to exceed eight percent (8%) annually of capital costs, or, if\nthere is no debt,  four percent (4%) annually of capital costs. Beginning with court\nfacility construction or renovation projects authorized by the 2000 Regular Session\nof the General Assembly, \"use allowance\" means the court's proportional share of\nthe annual principal and  interest costs in connection with the construction or\nrenovation of the facility, not to exceed the authorized annual use allowance.\n(3) \"Capital costs\" means the costs borne by the unit of government, excluding grants,\nconditioned by the grantor agency s pecifically for court facility construction or\nrenovation, for acquisition of property and for construction and capitalized\nrenovation including interest accruing during construction or renovation, but no\nother interest of each court facility. If capital c osts are not documented, reasonable\nestimates provided by qualified appraisers will suffice. After July 14, 2000, capital\ncosts, for the purpose of computing the maximum annual use allowance, shall not\nexceed the project scope as authorized by the General Assembly in the judicial\nbranch budget or as increased and approved under KRS 26A.164.\n(4) \"Capitalized renovation\" means all remodeling involving the structural or\nmechanical systems, except for remodeling that involves substantial demolition of\nthe original structure. Remodeling involving substantial demolition of the original\nstructure shall constitute construction resulting in a new court facility.\n(5) \"Unit of government\" means a county, city, urban -county government, special\ndistrict, or corporate entity created for the purpose of constructing or holding title to\na court facility.\n(6) \"Court facility\" means the land and buildings owned or operated by a unit of\ngovernment in which space for the court of justice is provided. Judges' benches,\njury and witness boxes, and fixed seating shall be considered as permanent building\nfixtures.\n(7) \"Court facilities standards committee\" means a committee consisting of the Chief\nJustice or his designee; one (1) judge each of the Court of Appeals, the Circuit\nCourt, and the District Court appointed by the Supreme Court; the president of the\nCircuit Clerks' Association; the chairmen of the House and Senate Judiciary\nCommittees of the General Assembly; the secretary of the Finance and\nAdministration Cabinet; the director of the Administrative Office of the Courts; and\na county judge/executive appointed by the Governor. Each appointed member shall\nserve for a term of four (4) years from the date of his appointment or until he\nvacates the office in respect to which he was appointed, whichever is earlier.","path":["KRS Chapter 26A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20888","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:46Z","sha256":"c1a9585bba4cbc3dc4b7e214e6bbf79f1761a861c065de418dd139eafc7699c0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-26a.080","next":"us-ky/krs-26a.100"},"notice":"GroundRules: Original legal text. Not legal advice."}
