KRS § 56.440 — KY Code / Title VII / Chapter 56 / Section 56.440
56.440 Definitions for chapter
Status: in_force

56.440 Definitions for chapter.

As used in this chapter, unless the context otherwise requires:

(1) "Commission" means the State Property and Buildings Commission;

(2) "Real estate" includes lands together with improvements thereon and appurtenances

thereto;

(3) "Building" includes any structure or improvement upon real estate of a permanent

nature and additionally includes any sites, structures, equipment, machinery, or

devices for the purpose of establishing, developing, or furthering television or

related services in aid of education or in aid of any other proper public functions,

whether or not the same would otherwise be legally defined as buildings; but only

(except for industrial development projects) if used or to be used by the

Commonwealth of Kentucky or one (1) of its departments or agencies (not

including independent municipal corporations or political subdivisions);

(4) "Building project" includes the acquisition of any real estate and the acquisition,

construction, reconstruction, and structural maintenance of buildings, the

installation of utility services, including roads and sewers, and the purchase and

installation of equipment, facilities, and furnishings of a permanent nature for

buildings; the purchase and installation initially of movable equipment, furnishings,

and appurtenances necessary to make a building operable; and for television or

related purposes as referred to in subsection (3) of this section, for use by the state

government or one (1) of its departments or agencies, not including any independent

municipal corporation or political subdivision, or any other capital outlay program

authorized by any branch budget bill or other legislation;

(5) "Industrial development project" means and includes the acquisition of any real

estate and the construction, acquisition, and installation thereon and with respect

thereto of improvements and facilities necessary and useful for the improvement of

such real estate for conveyance to or lease to industrial entities to be used for

manufacturing, processing, or assembling purposes, including surveys, site tests and

inspections, subsurface site work, excavation, removal of structures, roadways,

cemeteries, and other surface obstructions, filling, grading and provision of

drainage, storm water detention, installation of utilities such as water, sewer,

sewage treatment, gas, electricity, communication, and other similar facilities, off-

site construction of utility extensions to the boundaries of such real estate,

construction and installation of buildings, including buildings to be used for worker

training and education, rail facilities, roads, sidewalks, curbs, and other

improvements to such real estate necessary to its manufacturing, processing, or

assembling use by industrial entities; provided that an industrial entity must have

agreed with the commission, prior to the financing of an industrial development

project, to develop, in conjunction with such industrial development project,

manufacturing, processing, or assembling facilities satisfactory to the commission;

(6) "Industrial entity" means any corporation, partnership, person, or other legal entity,

whether domestic or foreign, which will itself or through its subsidiaries and

affiliates construct and develop a manufacturing, processing, or assembling facility

on the site of an industrial development project financed pursuant to this chapter;

(7) "Incremental taxes" means, for any fiscal year of the Commonwealth, that amount

of money which is equal to all tax revenues received by the Commonwealth, as

taxing entity, during such fiscal year in respect of an industrial development project

and improvements and equipment thereon and the products thereof, and activities

carried out by the occupants and users of such industrial development project,

minus an amount equal to all tax revenues received by the Commonwealth, as

taxing entity, in respect of the site of the industrial development project and the

same type of taxable properties and activities during the fiscal year immediately

preceding the fiscal year during which construction of the improvements undertaken

by an industrial entity as a result of the financing of such industrial development

project commenced. Incremental taxes shall include such tax revenues as state

corporate income taxes, state income taxes paid by employees of manufacturing,

processing, and assembling facilities developed on the site of an industrial

development project, state property taxes, state corporation license taxes, and state

sales and use taxes, but shall not include any taxes levied specifically for

educational purposes;

(8) "State agency" means any state administrative body, agency, department, or division

as defined in KRS 42.005, or any board, commission, institution, or division

exercising any function of the state but which is not an independent municipal

corporation or political subdivision;

(9) "Cabinet" means the Finance and Administration Cabinet;

(10) "Asbestos" means the asbestiform varieties of: chrysotile (serpentine); crocidolite

(riebeckite); amosite (cummingtonite-grunerite); anthophyllite; tremolite; and

actinolite;

(11) "Asbestos-containing material" means any material which contains more than one

percent (1%) asbestos by weight;

(12) "Friable material" means any material applied onto ceilings, walls, structural

members, piping, ductwork, or any other part of the building structure which, when

dry, may be crumbled, pulverized, or reduced to powder by hand pressure;

(13) "Meeting" means all gatherings of every kind, including video teleconferences;

(14) "Video teleconference" means one (1) meeting, occurring in two (2) or more

locations, where individuals can see and hear each other by means of video and

audio equipment;

(15) "Writing" or "written" shall mean letters, words, or numbers, or their equivalent, set

down by handwriting, typewriting, printing, photostating, photographing, magnetic

impulse, mechanical or electronic recording, or other form of data compilation;

(16) "Branch budget" shall have the same meaning as in KRS 48.010;

(17) "Reverse auction" shall have the same meaning as in KRS 45A.070;

(18) "Headquarters" means the principal office where the principal executives of the

entity are located and from which other personnel, branches, affiliates, offices, or

entities are controlled;

(19) "Nonretail service and technology project" means and includes the acquisition of

any real estate and the construction, acquisition, equipping, and installation thereon

and with respect thereto of improvements and facilities necessary and useful for the

improvement of that real estate for conveyance to or lease to nonretail service and

technology entities to be used for call centers, centralized administrative or

processing centers, telephone or Internet sales order or processing centers,

distribution or fulfillment centers, data processing centers, research and

development facilities, or other similar activities; and

(20) "Nonretail service and technology entity" means any corporation, partnership,

person, or other legal entity, whether domestic or foreign, which will itself or

through its subsidiaries and affiliates operate call centers, centralized administrative

or processing centers, telephone or Internet sales order or processing centers,

distribution or fulfillment centers, data processing centers, and research and

development facilities, or conduct other similar activities.