KRS § 26A.160 — KY Code / Title IV / Chapter 26A / Section 26A.160
26A.160 Design, financing, and construction of court facilities -- Rules of procedure and guidelines -- Oversight -- Financing requirements -- Project standards -- Application
Status: in_force

26A.160 Design, financing, and construction of court facilities -- Rules of

procedure and guidelines -- Oversight -- Financing requirements -- Project

standards -- Application.

(1) The Chief Justice shall establish rules of procedure or guidelines on matters relating

to the design, financing, and construction of court facilities. The rules or guidelines

shall encompass:

(a) The duties and responsibilities of the Administrative Office of the Courts

under this section;

(b) Criteria for evaluating the feasibility or practicability of various contracting or

construction methods;

(c) A project management system for managing, monitoring, and reporting on

projects through all phases from funding to completion, including change-

order procedures;

(d) Assistance to counties in evaluating proposals for architectural, construction,

or other professional services;

(e) Methods for financing energy savings projects, Americans with Disabilities

Act projects, and other improvement projects;

(f) Kentucky standards for court facilities, including detailed requirements for

space, construction, interior and exterior finishes, structural and mechanical

systems, fixed and moveable furniture and equipment, and maximum unit cost

for court facilities throughout the Commonwealth; and

(g) The maintenance and operation of court facilities after construction.

(2) The Administrative Office of the Courts shall oversee the design, financing, and

construction of court facilities. The Administrative Office of the Courts shall:

(a) Assess the need for court facilities construction or renovation throughout the

Commonwealth. The assessment shall consider the age, space adequacy,

projected needs, structural soundness, mechanical and electrical systems,

security needs, and interior and exterior quality of existing court facilities;

(b) Develop a project program for the construction or renovation of court

facilities that the Administrative Office of the Courts determines to be most in

need of construction or renovation, based on the needs assessment required

under paragraph (a) of this subsection. The project program shall detail a

complete and specifically defined court facilities project that conforms to the

Kentucky standards for court facilities established under paragraph (f) of

subsection (1) of this section, and shall include itemized space requirements,

space relationships, design goals, scope limits, site considerations, cost

estimates, and a proposed project budget;

(c) Establish the financial condition of any county that contains a court facility for

which a project program under paragraph (b) of this subsection has been

developed to determine the county's ability to participate in the proposed

project. The Administrative Office of the Courts may discharge this

responsibility by obtaining certification of the county's financial condition

from the Department for Local Government under KRS 147A.021(5);

(d) Develop a prioritized list, with cost estimates, based on land availability and

the considerations required by this section, of proposed court facilities

projects, and submit the list to the Chief Justice for approval and to the Court

Facilities Standards Committee for informational purposes only. Upon

approval by the Chief Justice, the Administrative Office of the Courts shall

submit the prioritized list to the Capital Planning Advisory Board, by April 15

of each odd-numbered year, in accordance with KRS 7A.120; and

(e) Develop and maintain uniform contracts to be used by local units of

government when procuring architectural, construction, financial, or other

services relating to court facilities projects authorized by the General

Assembly.

(3) Before the Administrative Office of the Courts submits a budget request for court

projects under KRS 48.050, each local unit of government that is expected to

participate in financing a requested court project shall enter into a written

memorandum of agreement with the Administrative Office of the Courts. Each

county with a court project authorized by the 2000 General Assembly shall enter

into a written memorandum of agreement with the Administrative Office of the

Courts. The agreement shall be developed by the Administrative Office of the

Courts, shall specify the rights, duties, and obligations of the local unit of

government and the Administrative Office of the Courts relating to the project, and

shall be contingent upon the project's authorization by the General Assembly.

(4) No contract and no modification to any contract relating to the design, financing, or

construction of court facilities projects authorized by the General Assembly shall be

executed unless first reviewed and approved by the Administrative Office of the

Courts.

(5) All court facilities projects, beginning with those authorized by the 2000 General

Assembly, shall comply with the Kentucky standards for court facilities established

under paragraph (f) of subsection (1) of this section. No other standards shall be

used.

(6) This section shall not affect or apply to any contract executed prior to July 14, 2000.

(7) All local units of government or any other entity providing space to the Court of

Justice under KRS 26A.100 shall, consistent with the law, comply with the rules of

procedure and guidelines established by the Chief Justice and administered by the

Administrative Office of the Courts under this section.