KRS § 45.750 — KY Code / Title VI / Chapter 45 / Section 45.750
45.750 Definitions for KRS 45.760 to 45.810 -- Application of KRS 45.760 to 45.810
Status: in_force

45.750 Definitions for KRS 45.760 to 45.810 -- Application of KRS 45.760 to 45.810.

(1) As used in KRS 45.760 to 45.810:

(a) "Committee" means the Capital Projects and Bond Oversight Committee;

(b) "Capital construction item" means:

1. The construction, reconstruction, acquisition, and structural maintenance

of buildings;

2. The installation of utility services, including roads and sewers;

3. The acquisition or improvement of real property;

4. The purchase and installation initially or during major renovation of

equipment, facilities, and furnishings of a permanent nature for

buildings; or

5. The acquisition of any building to be occupied by any:

a. Subdivision of state government as defined in KRS 12.010 or

enumerated in KRS 12.020;

b. Municipal corporation which exercises its authority on a statewide

basis including, but not limited to, the Kentucky Employees

Retirement System, Teachers' Retirement System of the State of

Kentucky, Kentucky Higher Education Student Loan Corporation,

Kentucky Lottery Corporation, Kentucky Housing Corporation, or

any entity with a governing body whose membership is

substantially similar to the membership of the governing body of a

municipal corporation which exercises its authority on a statewide

basis; and

c. Institution of higher education;

(c) "Lease" means any lease, lease-purchase, or lease with an option to purchase

of any real property space occupied by:

1. Any entity listed in paragraph (b)5. of this subsection;

2. The legislative branch; or

3. The judicial branch when leased from a private sector landlord;

(d) "Equipment" means:

1. Any major item of equipment, including aircraft;

2. Any movable furnishing, appurtenance, or other equipment, necessary to

make a building operable; and

3. Equipment purchased or otherwise acquired, or equipment to be

purchased or otherwise to be acquired, under a lease or lease-purchase

contract or agreement or an arrangement equivalent to a lease or lease-

purchase contract or agreement;

(e) "Information technology system" means any related computer or

telecommunications components that provide a functional system for a

specific business purpose and contain one (1) or more of the following:

1. Hardware;

2. Software, including application software, systems management

software, utility software, or communications software;

3. Professional services for requirements analysis, system integration,

installation, implementation, or data conversion services; or

4. Digital data products, including acquisition and quality control;

(f) "Capital projects" means, regardless of the source of cash or other

consideration:

1. Any capital construction item, or any combination of capital

construction items necessary to make a building or utility installation

complete, estimated to cost one million dollars ($1,000,000) or more in

cash or other consideration;

2. Any lease of real property space with an annual rental cost exceeding

two hundred thousand dollars ($200,000);

3. The use allowance paid by the judicial branch for a real property space

pursuant to KRS 26A.090(2) and 26A.115 when the use allowance for

the space exceeds two hundred thousand dollars ($200,000) on an

annual basis;

4. Any item of equipment estimated to cost two hundred thousand dollars

($200,000) or more in cash or other consideration;

5. Any lease of an item of movable equipment if the annual cost of the

lease is two hundred thousand dollars ($200,000) or more or if the total

cost of the lease-purchase or lease with an option to purchase is two

hundred thousand dollars ($200,000) or more; and

6. Any new acquisition, upgrade, or replacement of an information

technology system estimated to cost one million dollars ($1,000,000) or

more in cash or other consideration;

(g) "Emergency repair, maintenance, or replacement project" means the

maintenance, repair, or reconstruction of a capital construction project or the

maintenance, repair, or replacement of a major item of equipment that is:

1. Necessitated by injury or damage resulting from a disaster;

2. Necessary to maintain government operations or to prevent or minimize

injury or damage that could reasonably be expected to result from an

impending disaster; or

3. Necessitated by an unforeseen mechanical breakdown, electrical

breakdown, or structural defect that must be corrected to make a facility

or item of equipment usable;

(h) "Disaster" means a fire, flood, tornado, other natural disaster, riot, enemy

attack, sabotage, explosion, power failure, energy shortage, transportation

emergency, or other man-caused disaster;

(i) "Capital construction funds" means any funds used for capital construction,

including, but not limited to, appropriated capital construction funds, agency

funds, federal funds, private funds, or funds from any source held by an

agency for management or investment purposes; and

(j) "Entity head" means the Chief Justice of the Supreme Court, the President of

the Senate and the Speaker of the House of Representatives, the secretary of

the Finance and Administration Cabinet, the president of any university which

complies with KRS 164A.585, 164A.595, and 164A.600, the board of trustees

of the Kentucky Employees Retirement System, the board of trustees of the

Teachers' Retirement System of the State of Kentucky, the board of directors

of the Kentucky Higher Education Student Loan Corporation, the board of

directors of the Kentucky Lottery Corporation, or the board of directors of the

Kentucky Housing Corporation.

(2) Except as provided in subsection (3) of this section, KRS 45.760 to 45.810 shall

apply to capital projects and bonds for use by:

(a) The state government;

(b) One of its departments or agencies, as defined in KRS 12.010 or enumerated

in KRS 12.020;

(c) A municipal corporation which exercises its authority on a statewide basis,

including but not limited to the Kentucky Employees Retirement System,

Teachers' Retirement System of the State of Kentucky, Kentucky Higher

Education Student Loan Corporation, Kentucky Lottery Corporation, and

Kentucky Housing Corporation; and

(d) Institutions of higher education.

(3) KRS 45.760 to 45.810 shall not apply to:

(a) Capital projects or bonds used directly in or for the construction or

maintenance of roads, including but not limited to bulldozers, graders, earth

movers, and real estate purchased for rights-of-way; and

(b) Political subdivisions, except for those defined in KRS 12.010, enumerated in

KRS 12.020, or created as a municipal corporation which exercises its

authority on a statewide basis including, but not limited to, the Kentucky

Employees Retirement System, Teachers' Retirement System of the State of

Kentucky, Kentucky Higher Education Student Loan Corporation, Kentucky

Lottery Corporation, Kentucky Housing Corporation, or any entity with a

governing body whose membership is substantially similar to the membership

of the governing body of a municipal corporation which exercises its authority

on a statewide basis. However, the provisions of KRS 45.750 to 45.810 shall

not apply to acquisition or maintenance of any building or land which is

purchased as a legal investment by any of the state retirement systems, which

is not to be occupied by the retirement system, and which is financed solely

with those assets of the retirement system used for investment purposes.