AN ACT relating to court facilities and declaring an emergency.

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AN ACT relating to court facilities and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 26A.090 is amended to read as follows: 3
As used in KRS 26A.090 to 26A.115, unless the context otherwise requires: 4
(1) "Operating costs allowance" means compensation equivalent to the annual expenses 5
borne by the unit of government f or utilities, janitorial service, rent, insurance, and 6
necessary maintenance, repair, and upkeep of the court facility which do not 7
increase the permanent value or expected life of the court facility, but keeps the 8
court facility [it] in efficient operating condition;[, and, at the election of the 9
Administrative Office of the Courts, capital costs of interior or mechanical 10
renovations for the benefit of the court.] 11
(2) "Use allowance" means: 12
(a) Compensation equal to four percent (4%) annually of the total original capital 13
costs and the cost of capitalized renovation of the court facility, except that if 14
indebtedness has been incurred in respect to those[such] capital costs at an 15
interest rate equ al to or greater than seven percent (7%), compensation shall 16
be at a rate of eight percent (8%) annually of that portion of the capital costs 17
for which the rate applies;[.] 18
(b) For refinanced projects constructed or renovated prior to July 1, 1994, the us e 19
allowance payment shall not change for the term of the original bond issue [,] 20
unless there is a change in the space occupied;[.] 21
(c) For court facilities renovated or constructed after July 1, 1994, "use 22
allowance" means the court's proportional share o f the annual principal and 23
interest cost in connection with the renovation or construction, but not to 24
exceed eight percent (8%) annually of capital costs, or, if there is no debt, four 25
percent (4%) annually of capital costs; and[.] 26
(d) Beginning with cou rt facility construction or renovation projects authorized 27
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by the 2000 Regular Session of the General Assembly, "use allowance" means 1
the court's proportional share of the annual principal and interest costs in 2
connection with the construction or renovatio n of the facility, not to exceed 3
the authorized annual use allowance;[.] 4
(3) "Capital costs" means: 5
(a) The costs borne by the unit of government, excluding grants, conditioned by 6
the grantor agency specifically for court facility construction or renovatio n, 7
for acquisition of property , and for construction and capitalized renovation 8
including interest accruing during construction or renovation, but no other 9
interest of each court facility ; and [. If capital costs are not documented, 10
reasonable estimates provided by qualified appraisers will suffice. ] 11
(b) After July 14, 2000, capital costs, for the purpose of computing the maximum 12
annual use allowance, shall not exceed the project scope as authorized by the 13
General Assembly in the judicial branch budget or a s increased and approved 14
under KRS 26A.164;[.] 15
(4) "Capitalized renovation" means all remodeling involving the structural or 16
mechanical systems, except for remodeling that involves substantial demolition of 17
the original structure. Remodeling involving subs tantial demolition of the original 18
structure shall constitute construction resulting in a new court facility;[.] 19
(5) "Unit of government" means a county, city, urban-county government, consolidated 20
local government, unified local government, charter county , special district, or 21
corporate entity created for the purpose of constructing or holding title to a court 22
facility that provides or is authorized to provide a court facility under this 23
chapter;[.] 24
(6) "Court facility" means the land and buildings owned o r operated by a unit of 25
government in which space for the Court of Justice is provided. Judges' benches, 26
jury and witness boxes, and fixed seating shall be considered as permanent building 27
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fixtures;[.] 1
(7) "Court Facilities Construction Standards Board [facilities standards committee] " 2
means the board established under subsection (1) of Section 6 of this Act; and [a 3
committee consisting of the Chief Justice or his designee; one (1) judge each of the 4
Court of Appeals, the Circuit Court, and the District Court appointed by the 5
Supreme Court; the president of the Circuit Clerks' Association; the chairmen of the 6
House and Senate Judiciary Committees of the General Assembly; the secretary of 7
the Finance and Administration Cabinet; the director of the Administrative Office 8
of the Courts; and a county judge/executive appointed by the Governor. Each 9
appointed member shall serve for a term of four (4) years from the date of his 10
appointment or until he vacates the office in respect to which he was appointed, 11
whichever is earlier] 12
(8) "New project" means any court facility construction or renovation project 13
authorized by the General Assembly on or after the effective date of this Act. 14
Section 2. KRS 26A.100 is amended to read as follows: 15
(1) The Circuit and the District Court shall be held in the county courthouse of each 16
county unless otherwise ordered by the Supreme Court , in which case it may be 17
held at any other location made available by the county and owned, leased, or 18
controlled by the county. Circuit or District Court may also be held in [ such] other 19
locations in the county as may be convenient and approved by the Supreme Court. 20
(2) Every county , consolidated local government, or urban -county government shall 21
provide[ such] reasonably available space which would not disrupt the operation of 22
county government as necessary in the county courthouse, or in other county 23
facilities as permitted in subsection (1) of this section, for: 24
(a) A courtroom or courtrooms for the Circuit and the District Court; 25
(b) Chambers for the Circuit Judge and District Judge or Judges; 26
(c) Office space for the Circuit and District Court staffs; 27
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(d) Office and storage space for the circuit clerk's operations; 1
(e) Jury facilities for the Circuit and the District Court; 2
(f) Office space for other officers of the Court of Justice including pretrial release 3
officers, court reporters, court administrators, judges' secretaries, friends of 4
the court, and commissioners; and 5
(g) Any[Such] other facilities necessary for the operation of the Circuit and the 6
District Court as may be agreed upon by the county , consolidated local 7
government, or urban -county government and the Administrative Office of 8
the Courts. 9
(3) If all necessary facilities for the holding of Circuit or District Court, for the clerk's 10
operations, or for the operation of the court or its ancillary functions, are not 11
available in county facilities, every city shall, upon request of the Administrative 12
Office of the Courts, provide [ such] reasonably available space which would not 13
disrupt the operation of city government as necessary in the city's facilities for the 14
operations of Circuit or District Court, or both. The city shall be responsible for 15
providing space for the operations listed in subsection (2) of this section. 16
(4) If all necessary facilities for the holding of Circuit or District Court, for the clerk's 17
operations, or for the operation of the court or its ancillary functions, are not 18
available in county o r city facilities, every agency of state government, special 19
district, and independent agency of local government [,] other than a city [,] may, 20
upon the request of the Administrative Office of the Courts, provide [ such] space as 21
necessary in facilities owne d, leased, or controlled by that[such] organization for 22
the operations of Circuit or District Court, or both. The agency may provide space 23
for the operations listed in subsection (2) of this section. 24
(5) If all necessary facilities for the holding of Circu it or District Court, for the clerk's 25
operations, or for the operation of the court or its ancillary functions, are not 26
available in public facilities, private facilities may be rented, leased, purchased, or 27
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otherwise acquired [,] by the Administrative Offi ce of the Courts pursuant to 1
permission granted by the Chief Justice [ for such acquisition and] in compliance 2
with[ the provisions of] KRS Chapters 45 and 56 , and as authorized by the 3
General Assembly in the judicial branch budget bill. 4
(6) For new project s authorized on or after the effective date of this Act, the county 5
fiscal court or the legislative body of the unit of government, acting as the unit of 6
government and property owner, shall have full authority and responsibility for 7
the planning, design, financing, and construction of the court facility in 8
accordance with the standards established under Section 6 and the requirements 9
of this chapter. 10
Section 3. KRS 26A.107 is amended to read as follows: 11
(1) The Administration Office of the Courts shall conduct a [Court Facilities 12
Standards Committee shall provide for] periodic review of each court facility in 13
each county and assess the condition, adequacy, and needs of each facility. The 14
review shall be conducted at least once every four (4) years using uniform 15
assessment methodology[ and may make recommendations for improvements]. 16
(2) The Administrative Office of the Courts shall develop and maintain a court 17
facility assessment county ranking that prioritizes court facility needs statewide 18
using a consistent scoring methodology. The ranking shall classify the condition 19
of each county's court facility as critical, high, moderate, or adequate. 20
(3) (a) The Administrative Office of the Courts shall submit to the Interim Joint 21
Committees on Appropriations and Revenue and Judiciary a report on court 22
facility needs no later than October 1 of each odd-numbered year. 23
(b) The report shall include: 24
1. The current court facility assessment county ranking; 25
2. A recommended prioritized list of counties for new construction or 26
major renovation, with cost estimates for each recommended project; 27
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3. A six (6) year capital plan as required by KRS 7A.120; and 1
4. A summary of the status of all projects currently in progress. 2
(4) This section shall not be construed to vest in the Administrative Office of the 3
Courts any authority over the design, construction, contracting, or management 4
of new projects. The role of the Administrative Office of the Courts under this 5
section shall be advisory and informational only[ 6
No use allowance shall be paid respecting any capital costs contracted for any court 7
facility after July 1, 1978, unless the construction or renovation receives prior 8
concurrence by the Court Facilities Standards Committee]. 9
Section 4. KRS 26A.110 is amended to read as follows: 10
(1) Each local unit of government that p rovides a court facility or space for court 11
operations[Counties, urban -county governments, and cities providing space for 12
court operations] pursuant to KRS 26A.100 shall also provide at its expense 13
adequate: 14
(a)[(1)] Lighting; 15
(b)[(2)] Heating; 16
(c)[(3)] Electricity; 17
(d)[(4)] Other utilities, except telephone service; and 18
(e)[(5)] Janitorial services; 19
except as otherwise provided by agreement between the local unit of government 20
and the Court of Justice [as an adjunct to the providing of space req uired by that 21
section]. 22
(2) For new projects authorized on or after the effective date of this Act, the county 23
fiscal court or the legislative body of the local unit of government and the 24
Administrative Office of the Courts shall enter into a lease agreeme nt that 25
specifies the respective obligations of the parties regarding utilities, janitorial 26
service, maintenance, and related costs. The lease agreement shall be prepared 27
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and executed by the county attorney on behalf of the county fiscal court or the 1
local unit of government. 2
Section 5. KRS 26A.115 is amended to read as follows: 3
(1) For court facility projects authorized by the General Assembly prior to the 4
effective date of this Act, operating costs allowance and use all owance payments 5
shall continue to be made from the judicial branch budget bill appropriation, and 6
subsection (3) of this section and Section 12 of this Act shall not alter the 7
obligations of the parties to those projects [Each unit of government providing 8
space in a court facility to the Court of Justice under the provisions of KRS 9
26A.100 shall be paid an operating costs allowance plus a use allowance to be 10
administered by the Administrative Office of the Courts]. 11
(2) The precise amount paid for operating costs allowance and use allowance permitted 12
under subsection (1) of this section shall be computed by allocating to the Court of 13
Justice its proportionate share of each category according to the relative portion of 14
the floor space in the facility which is o ccupied by the Court of Justice. 15
Compensation shall be calculated on an annualized basis, may be in the form of 16
rental per square footage, and shall be paid quarterly. Should the availability of 17
space provided to the Court of Justice be limited by the gove rnmental unit to a part-18
time basis, the compensation shall be apportioned according to the number of days 19
or partial days per week in which it is made available, one (1) day or partial day per 20
week being considered as one-fifth (0.2) of the time. 21
(3) For new projects authorized on or after the effective date of this Act, the General 22
Assembly shall provide for funding of debt service and operating costs as 23
established in Section 12 of this Act [If requested by a unit of government, 24
operating costs allowance a nd use allowance payments due in accordance with 25
subsection (2) of this section shall be due and payable to the unit of government not 26
less than ten (10) days prior to the interest due date for the bonds, notes, or other 27
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debt obligations issued to finance the capital costs for court facility space provided 1
to the Court of Justice by the requesting unit of government]. 2
SECTION 6. A NEW SECTION OF KRS CHAPTER 26A IS CREATED TO 3
READ AS FOLLOWS: 4
(1) There is established the C ourt Facilities Construction Standards Board with the 5
following members: 6
(a) The Chief Justice of the Commonwealth, or his or her designee, who shall 7
serve as chair; 8
(b) The director of the Administrative Office of the Courts, or his or her 9
designee; 10
(c) One (1) District Judge, appointed by the Supreme Court, serving a two (2) 11
year term; 12
(d) One (1) Circuit Judge, appointed by the Supreme Court, serving a two (2) 13
year term; 14
(e) One circuit clerk, appointed by the Chief Justice from a list of three (3) 15
names submitted by the Kentucky Association of Circuit Court Clerks, 16
serving a two (2) year term; 17
(f) Two (2) county judges/executive appointed by the Governor from a list of 18
four (4) names submitted by the Kentucky County Judge/Executive 19
Association, serving staggered terms of two (2) years; 20
(g) One (1) county attorney, appointed by the Attorney General, serving a two 21
(2) year term; 22
(h) One (1) architect licensed under KRS Ch apter 323, appointed by the 23
Governor; and 24
(i) The secretary of the Finance and Administration Cabinet, or his or her 25
designee. 26
(2) The Court Facilities Construction Standards Board shall: 27
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(a) Establish and periodically update minimum standards for the desi gn, 1
construction, and renovation of court facilities, including standards 2
governing: 3
1. Courtroom size, configuration, and number; 4
2. Security infrastructure, including separation of judicial officers, court 5
personnel, and support functions; 6
3. Accessibility for persons with disabilities; 7
4. Technology infrastructure; 8
5. Space requirements for circuit clerk's offices, judges' chambers, jury 9
rooms, witness rooms, and support functions; and 10
6. Energy efficiency and building systems; 11
(b) Review and approve any county or local unit of government request for a 12
variance from the established standards upon a showing of good cause by 13
the county fiscal court or the legislative body of the local unit of 14
government; and 15
(c) Make the standards and any approved variances available to county fiscal 16
courts and the legislative bodies of local units of government, and the 17
General Assembly. 18
(3) For new projects authorized on or after the effective date of this Act: 19
(a) The county fiscal court or legislative body of the local u nit of government, 20
as property owner, shall have full authority and responsibility for the 21
planning, design, financing, and construction of the court facility, in 22
compliance with the standards established by the Court Facilities 23
Construction Standards Board under subsection (2) of this section; 24
(b) 1. The county attorney shall serve as legal counsel for all contracts and 25
legal matters associated with the new project, including contracts for 26
architectural and engineering services, construction management, 27
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general contracting, specialty contracting, financing, and any disputes 1
arising out of the project. 2
2. The county attorney may retain outside counsel with the approval of 3
the fiscal court or the legislative body of the local unit of government. 4
3. This chapter shall not be interpreted to require review or approval of 5
the Administrative Office of the Courts or the Court of Justice of any 6
contract or settlement entered into by the county fiscal court or the 7
legislative body of the local unit of government in co nnection with a 8
new project; 9
(c) All contracts for design and construction shall be procured in accordance 10
with applicable law governing public procurement by the applicable county 11
government or local unit of government; 12
(d) The Administrative Office of th e Courts shall provide an ex officio, 13
nonvoting representative to the Local Project Development Board 14
established under subsection (4) of this section to advise on the operational 15
needs of the Court of Justice. The Administrative Office of the Courts shall 16
not have authority to approve, reject, or modify any design, contract, or 17
procurement decision for a new project; and 18
(e) The county fiscal court or the legislative body of the local unit of 19
government shall ensure that the completed facility meets the st andards of 20
the Court Facilities Construction Standards Board before the facility is 21
accepted by the Court of Justice for use. 22
(4) (a) For each new project, the county fiscal c ourt or the legislative body of the 23
local unit of government shall establish a Local Project Development 24
Board, composed of the following members: 25
1. The highest elected official of the county government or the local unit 26
of government, who shall serve as chair; 27
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2. The most senior Circuit Judge of the Circuit Court in the county 1
where the facility is located; 2
3. The most senior District Judge of the District Court in the county 3
where the facility is located; 4
4. The circuit clerk of the county; 5
5. An at -large citizen member who resides in the county where the 6
facility is located, appointed by the fiscal court or the legislative body 7
of the local unit of government; 8
6. The executive director of the Kentucky Bar Association, or his or her 9
designee; and 10
7. A representative of the Administrative Office of the Courts appointed 11
by the Chief Justice, who shall be an ex officio, nonvoting member, 12
except for purposes of achieving a quorum or breaking a tie vote of 13
the board. 14
(b) The Local Project Development Board shall; 15
1. Oversee project development, including selection of the design 16
professional, review of project program documents, approval of the 17
project budget, and coordination with the fiscal court or legislative 18
body of the local unit of government, and the coun ty attorney on 19
procurement and construction management; and 20
2. Report to the county fiscal court or the legislative body of the local 21
unit of government on the progress of the project. 22
(5) The Local Project Development Board shall submit the proposed plan for any 23
project to the Court Facilities Construction Standards Board and shall not begin 24
work on any project until the plans have been approved by the Court Facilities 25
Construction Standards Board. 26
(6) Prior to occupancy of a completed new project, the Co urt Facilities Construction 27
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Standards Board shall conduct or commission a review of the facility to confirm 1
the facility meets the applicable standards. If deficiencies are identified, the fiscal 2
court or the legislative body of the local unit of governmen t shall have a 3
reasonable opportunity to cure the deficiencies before occupancy. 4
(7) As required by KRS 7A.120, the Administrative Office of the Courts shall submit 5
a six (6) year capital plan to the General Assembly in each odd -numbered year, 6
consistent with the requirements of Section 3 of this Act. 7
(8) This section shall not alter the rights, obligations, or procedures applicable to 8
court facility projects authorized prior to the effective date of this Act. 9
Section 7. KRS 26A.160 is amended to read as follows: 10
(1) For court facilities projects that are under construction prior to the effective date 11
of this Act, the Chief Justice shall establish rules of procedure or guidelines on 12
matters relating to the design [, financing,] and construction of court facilities. The 13
rules or guidelines shall encompass: 14
(a) The duties and responsibilities of the Administrative Office of the Courts 15
under this section; 16
(b) Criteria for evaluating the feasibility or practicability of various contracting or 17
construction methods; 18
(c) A project management system for managing, monitoring, and reporting on 19
projects through all phases from funding to completion, including change -20
order procedures; 21
(d) Assistance to counties in evaluating proposals fo r architectural, construction, 22
or other professional services; 23
(e) Methods for financing energy savings projects, Americans with Disabilities 24
Act projects, and other improvement projects; 25
(f) Kentucky standards for court facilities, including detailed requ irements for 26
space, construction, interior and exterior finishes, structural and mechanical 27
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systems, fixed and moveable furniture and equipment, and maximum unit cost 1
for court facilities throughout the Commonwealth; and 2
(g) The maintenance and operation of court facilities after construction. 3
(2) For purposes of this section, a court facilities project shall be considered under 4
construction if ground has been broken on the site of the project. Any court 5
facilities project that has been authorized by the Ge neral Assembly prior to the 6
effective date of this Act, but is not under construction prior to that date shall be 7
considered a new project for purposes of control and oversight and shall proceed 8
under Section 6 of this Act [The Administrative Office of the Courts shall oversee 9
the design, financing, and construction of court facilities . The Administrative 10
Office of the Courts shall: 11
(a) Assess the need for court facilities construction or renovation throughout the 12
Commonwealth. The assessment shall consider the age, space adequacy, 13
projected needs, structural soundness, mechanical and electrical systems, 14
security needs, and interior and exterior quality of existing court facilities; 15
(b) Develop a project program for the construction or renovation of court 16
facilities that the Administrative Office of the Courts determines to be most in 17
need of construction or renovation, based on the needs assessment required 18
under paragraph (a) of this subsection. The project program shall detail a 19
complete and specifically defined court facilities project that conforms to the 20
Kentucky standards for court facilities established under paragraph (f) of 21
subsection (1) of this section, and shall include itemized space requirements, 22
space relationships, design goals, scope limits, site considerations, cost 23
estimates, and a proposed project budget; 24
(c) Establish the financial condition of any county that contains a court facility 25
for which a project program under paragraph (b) of this subsection has been 26
developed to determine the county's ability to participate in the proposed 27
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project. The Administrative Office of the Courts may discharge this 1
responsibility by ob taining certification of the county's financial condition 2
from the Department for Local Government under KRS 147A.021(5); 3
(d) Develop a prioritized list, with cost estimates, based on land availability and 4
the considerations required by this section, of pr oposed court facilities 5
projects, and submit the list to the Chief Justice for approval and to the Court 6
Facilities Standards Committee for informational purposes only. Upon 7
approval by the Chief Justice, the Administrative Office of the Courts shall 8
submit the prioritized list to the Capital Planning Advisory Board, by April 15 9
of each odd-numbered year, in accordance with KRS 7A.120; and 10
(e) Develop and maintain uniform contracts to be used by local units of 11
government when procuring architectural, constr uction, financial, or other 12
services relating to court facilities projects authorized by the General 13
Assembly. 14
(3) Before the Administrative Office of the Courts submits a budget request for court 15
projects under KRS 48.050, each local unit of government th at is expected to 16
participate in financing a requested court project shall enter into a written 17
memorandum of agreement with the Administrative Office of the Courts. Each 18
county with a court project authorized by the 2000 General Assembly shall enter 19
into a written memorandum of agreement with the Administrative Office of the 20
Courts. The agreement shall be developed by the Administrative Office of the 21
Courts, shall specify the rights, duties, and obligations of the local unit of 22
government and the Administrative Office of the Courts relating to the project, and 23
shall be contingent upon the project's authorization by the General Assembly]. 24
(3)[(4)] A[No] contract or[and no] modification to any contract relating to the design, 25
financing, or construction of court facilities projects authorized by the General 26
Assembly that is under construction prior to the effective date of this Act, shall 27
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not be executed unless first reviewed and approved by the Administrative Office of 1
the Courts. 2
(4)[(5)] All court facilities projects subject to this section , beginning with those 3
authorized by the 2000 General Assembly, shall comply with the Kentucky 4
standards for court facilities established under paragraph (f) of subsection (1) of this 5
section or as established by the Court Facilities Construction Standards Board . 6
No other standards shall be used. 7
(5)[(6)] This section shall not affect or apply to any contract executed prior to July 14, 8
2000. 9
(6)[(7)] All local units of government or any other entity providing space to the Court 10
of Justice under KRS 26A.100 shall, consistent with the law, comply with the rules 11
of procedure and guidelines established by the Chief Justice and administered by 12
the Administrative Office of the Courts under this section. 13
Section 8. KRS 26A.162 is amended to read as follows: 14
(1) For court facility projects authorized prior to the effective date of this Act, the 15
following shall apply: 16
(a) The use allowance in the judicial branch budget recommendation submitted 17
under KRS 48.100 shall be determined as if bonds will be issued for a term of 18
twenty (20) years at the prevailing market rate, computed from the estimated 19
date that the Court of Justice will occupy the facility. If the market rate for the 20
bonds has increased when the bonds are to be sold, the director of the 21
Administrative Office of the Courts may approve an extension in the bond 22
term, up to a total of twenty -five (25) years, but only as necessary to keep the 23
annual use allowance within the budgeted amount. All bonds issued by any 24
local unit of government for court facilities projects shall be limited to the 25
term approved by the Administrative Office of the Courts;[.] 26
(b)[(2)] Before approving any bond issue for a term exceeding twenty -five (25) 27
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years, the director of the Administrative Office of the Courts shall submit a 1
proposal for the extended term to the Interim Joint Committee on 2
Appropriations and Revenue and the Capital P rojects and Bond Oversight 3
Committee. The proposal shall include a statement of the necessity for the 4
extended bond term and the impact of the extended term on the project's 5
budgeted scope and authorized annual use allowance; and[.] 6
(c)[(3)] Within thirty (30) days after receiving a proposal to extend a bond term 7
beyond twenty-five (25) years, the Interim Joint Committee on Appropriations 8
and Revenue and the Capital Projects and Bond Oversight Committee shall 9
either approve or disapprove the proposal and sh all then promptly notify the 10
director of the Administrative Office of the Courts. If either committee 11
disapproves the proposal, the director of the Administrative Office of the 12
Courts shall take one (1) of the following actions and shall notify the 13
committee of its decision in writing within thirty (30) days: 14
1.[(a)] Disapprove and take no further action on the proposal; 15
2.[(b)] Revise the proposal to comply with the committee's objections; or 16
3.[(c)] [Determine to ] Approve and proceed with the proposal ove r the 17
committee's objection. 18
(2) For new projects authorized on or after the effective date of this Act, debt service 19
shall be funded as provided in Section 12 of this Act, and no use allowance under 20
this section shall apply. 21
Section 9. KRS 26A.164 is amended to read as follows: 22
(1) There is created a court facility use allowance contingency fund. The fund shall 23
consist of money appropriated to it in the judicial branch budget by the General 24
Assembly. Money in the fund shall not lapse but shall be carried forward to the next 25
fiscal year or biennium. 26
(2) The Court of Justice may agree to increase the budgeted scope of a court project or 27
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project pool authorized in a judicial branch budget bill enacted by the General 1
Assembly, and may use the use allowance contingency fund to cover any resulting 2
increase in the budgeted annual use allowance[, if and only] if: 3
(a) The appropriate unit of government first submits a proposal for the increase to 4
the Court Facilities Construction Standards Board[Committee], and the Court 5
Facilities Construction Standards Board[Committee] approves the increase; 6
(b) The annual use allowance for the project or project pool, adjusted for the 7
proposed increase in scope, would not exceed the annual use allowance 8
specified for that project or project pool in the multiyear use allowance 9
schedule set out in the judicial branch budget bill by more than fifteen percent 10
(15%); and 11
(c) The requirements of KRS 26A.166 have been met. 12
(3) This section shall not apply to any new project, as defined in Section 1 of this Act, 13
for which funding contingencies shall be addressed through t he fiscal court or 14
the legislative body of the local unit of government as provided in Section 12 of 15
this Act. 16
Section 10. KRS 26A.166 is amended to read as follows: 17
(1) For court facility projects authorized prior to the effective date of this Act, the 18
following shall apply: 19
(a) Before the Court of Justice gives final approval to an increase in the budgeted 20
scope of an authorized project or project pool listed in a judici al branch 21
budget bill which would result in an increased use allowance, the director of 22
the Administrative Office of the Courts shall submit a proposal for the 23
increase to the Capital Projects and Bond Oversight Committee at least 24
fourteen (14) days prior to the committee meeting. The proposal shall include: 25
1.[(a)] The multiyear use allowance specified in the judicial branch 26
budget bill; 27
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2.[(b)] The proposed increase in the use allowance; 1
3.[(c)] The reasons and necessity for the proposed increase; 2
4.[(d)] A statement as to whether or how the proposed use of funds 3
conforms with the requirements of the law; and 4
5.[(e)] Any other information that the committee requests;[.] 5
(b)[(2)] Within thirty (30) days after receiving a proposal to increase the use 6
allowance, the Capital Projects and Bond Oversight Committee shall either 7
approve or disapprove the proposal and shall then promptly notify the director 8
of the Administrative Office of the Courts of its decision;[.] 9
(c)[(3)] If the Capital Projects and Bond Overs ight Committee disapproves the 10
proposal, the director of the Administrative Office of the Courts shall take one 11
(1) of the following actions and shall notify the committee of its decision in 12
writing within thirty (30) days of receiving the committee's noti ce of 13
disapproval: 14
(a) Revise the proposal to comply with the committee's objections; 15
(b) Cancel and take no further action on the proposal; or 16
(c) Determine to implement the proposal over the committee's objection;[.] 17
(d)[(4)] The Administrative Office of the Courts shall report to the Capital 18
Projects and Bond Oversight Committee within thirty (30) days of any action 19
taken by the Court of Justice to approve a scope increase of a project within a 20
pool which would increase the use allowance for that project; and[.] 21
(e)[(5)] The Capital Projects and Bond Oversight Committee shall maintain 22
records of proposals, findings, decisions, and actions taken under this section. 23
When appropriate, the committee shall provide this information to other 24
legislative committees or to the General Assembly. 25
(2) For new projects authorized on or after the effective date of this Act, any material 26
increase in project scope or cost shall be reported to the Capital Projects and 27
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Bond Oversight Committee by the fiscal court or legislat ive body of the local unit 1
of government. When appropriate, the committee shall provide this information 2
to other legislative committees or to the General Assembly. 3
Section 11. KRS 26A.168 is amended to read as follows: 4
(1) For court facility projects authorized prior to the effective date of this Act, the 5
following shall apply: 6
(a) The Administrative Office of the Courts shall provide to the Capital Projects 7
and Bond Oversight Committee, at the committee's January, April, July, and 8
October regular meetings, a status report of all incomplete court facilities 9
projects. The Capital Proj ects and Bond Oversight Committee shall prescribe 10
data elements for the quarterly status reports. For each project, the status 11
report shall include: 12
1.[(a)] The project title; 13
2.[(b)] The county in which the project is located; 14
3.[(c)] The scope and use al lowance authorized for the project in the 15
judicial branch budget, and any increases to the scope or use allowance 16
under KRS 26A.164; 17
4.[(d)] The current status of the project; 18
5.[(e)] Estimated completion date of the project; 19
6.[(f)] An explanation of any delay or major change in the project, 20
including deletion or modification of project components; and 21
7.[(g)] Any other information that the committee requests; and[.] 22
(b)[(2)] On August 1 of each year, the Administrative Office of the Courts shall 23
prepare a financial report on the court facility use allowance contingency fund 24
for the fiscal year ending on June 30 of that year. The report shall include, 25
with explanations, allotme nts, expenditures, encumbrances, and the available 26
balance. 27
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(2) For new projects authorized on or after the effective date of this Act, the county 1
fiscal court or the legislative body of the local unit of government shall report to 2
the Administrative Office of the Courts on project status on a quarterly basis, and 3
the Administrative Office of the Courts shall include a summary of the status of 4
all new projects in its annual report to the General Assembly. 5
SECTION 12. A NEW SECTION OF KRS CHAPTER 26A IS CREATED TO 6
READ AS FOLLOWS: 7
(1) For each new court facility project authorized by the General Assembly on or 8
after the effective date of this Act, the General Assembly shall specify the 9
authorized project scope and maximum p roject cost in the judicial branch budget 10
bill, and shall appropriate funds for debt service and operating costs. 11
(2) Funds for debt service on bonds issued by or on behalf of the fiscal court or other 12
legislative body of the local unit of government for t he construction of a court 13
facility shall be appropriated by the General Assembly to the Finance and 14
Administration Cabinet for disbursement to the county fiscal court or directly to 15
the bond trustee on a schedule consistent with the county's bond payment 16
obligations. 17
(3) For court facility projects authorized prior to the effective date of this Act, use 18
allowance payments shall continue to be paid from the judicial branch budget bill 19
appropriation through the Administrative Office of the Courts as provided in 20
Section 5 of this Act, and this section shall not alter those obligations. 21
(4) (a) A county fiscal court that receives funds under subsection (1) of this section 22
shall use those funds exclusively for debt service on bonds and costs 23
associated with construction issued for the authorized court facility project. 24
(b) Any funds received in excess of debt service obligations in any fiscal year 25
shall be held in trust for future debt service payments or returned to the 26
general fund as directed in the judicial branch budget bill enacted by the 27
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General Assembly. 1
(5) The county fiscal court shall report annually to the Administrative Office of the 2
Courts and to the Finance and Administration Cabinet on the receipt and 3
application of funds provided under this section. 4
(6) Operating costs for new projects, including utilities, janitorial services, and 5
routine maintenance shall be included in the lease agreement between the county 6
fiscal court or the local unit of government and the Court of Justice pursuant to 7
Section 4 of this Act, and the General Assembly may appropriate funds for 8
operating costs to the county fiscal court or the local unit of government directly. 9
SECTION 13. A NEW SECTION OF KRS CHAPTER 26A IS CREATED TO 10
READ AS FOLLOWS: 11
(1) For new projects authorized on or after the effective date of this Act, the county 12
fiscal court or the local unit of government, as property owner, shall be 13
responsible for all maintenance of the court facility, including routine 14
maintenance, capital maintenance, and major repairs. 15
(2) The lease agreement entered into under Section 4 of this Act shall specify the 16
maintenance obligations of the county fiscal court or the local unit of 17
government and shall include a maintenance schedule and stand ards consistent 18
with the standards established by the Court Facilities Construction Standards 19
Board under Section 6 of this Act. 20
(3) The General Assembly may appropriate funds for maintenance of new court 21
facilities to the county fiscal court of the local unit of government directly as 22
specified in the judicial branch budget bill enacted adopted by the General 23
Assembly. 24
(4) The county fiscal court or the local unit of government shall report annually to 25
the Administrative Office of the Courts on the mainten ance activities undertaken 26
and the condition of the court facility. The Administrative Office of the Courts 27
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shall include a summary of maintenance activities and facility conditions for all 1
new projects in its annual report to the General Assembly. 2
Section 14. (1) The provisions of this Act applying to new projects shall 3
apply to all court facility construction and renovation projects authorized by the General 4
Assembly on or after the effective date of this Act. 5
(2) All court facilities projects authorized prior to the effective date of this Act 6
shall continue to be governed by the law in effect at the time of authorization, and this 7
Act shall not impair or modify any existing bond covenant, use allowance obligation, 8
memorandum of understanding, or contract related to those projects. 9
Section 15. Whereas the provisions of this Act affect capital projects and 10
budget processes subject to a fiscal year, an emergency is declared to exist, and this Act 11
takes effect July 1, 2026. 12