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56.440 Definitions for chapter.
As used in this chapter, unless the context otherwise requires: <br>(1) "Commission" means the State Property and Buildings Commission; <br>(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 <br>devices for the purpose of establishing, developing, or furthering television or <br>related services in aid of education or in aid of any other proper public functions, <br>whether or not the same would otherwise be legally defined as buildings; but only <br>(except for industrial development projects) if used or to be used by the <br>Commonwealth of Kentucky or one (1) of its departments or agencies (not <br>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 <br>installation of utility services, including roads and sewers, and the purchase and <br>installation of equipment, facilities, and furnishings of a permanent nature for <br>buildings; the purchase and installation initially of movable equipment, furnishings, <br>and appurtenances necessary to make a building operable; and for television or <br>related purposes as referred to in subsection (3) of this section, for use by the state <br>government or one (1) of its departments or agencies, not including any independent <br>municipal corporation or political subdivision, or any other capital outlay program <br>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 <br>thereto of improvements and facilities necessary and useful for the improvement of <br>such real estate for conveyance to or lease to industrial entities to be used for <br>manufacturing, processing, or assembling purposes, including surveys, site tests and <br>inspections, subsurface site work, excavation, removal of structures, roadways, <br>cemeteries, and other surface obstructions, filling, grading and provision of <br>drainage, storm water detention, installation of utilities such as water, sewer, <br>sewage treatment, gas, electricity, communication, and other similar facilities, off-<br>site construction of utility extensions to the boundaries of such real estate, <br>construction and installation of buildings, including buildings to be used for worker <br>training and education, rail facilities, roads, sidewalks, curbs, and other <br>improvements to such real estate necessary to its manufacturing, processing, or <br>assembling use by industrial entities; provided that an industrial entity must have <br>agreed with the commission, prior to the financing of an industrial development <br>project, to develop, in conjunction with such industrial development project, <br>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 <br>affiliates construct and develop a manufacturing, processing, or assembling facility <br>on the site of an industrial development project financed pursuant to this chapter;
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(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 <br>taxing entity, during such fiscal year in respect of an industrial development project <br>and improvements and equipment thereon and the products thereof, and activities <br>carried out by the occupants and users of such industrial development project, <br>minus an amount equal to all tax revenues received by the Commonwealth, as <br>taxing entity, in respect of the site of the industrial development project and the <br>same type of taxable properties and activities during the fiscal year immediately <br>preceding the fiscal year during which construction of the improvements undertaken <br>by an industrial entity as a result of the financing of such industrial development <br>project commenced. Incremental taxes shall include such tax revenues as state <br>corporate income taxes, state income taxes paid by employees of manufacturing, <br>processing, and assembling facilities developed on the site of an industrial <br>development project, state property taxes, state corporation license taxes, and state <br>sales and use taxes, but shall not include any taxes levied specifically for <br>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 <br>exercising any function of the state but which is not an independent municipal <br>corporation or political subdivision;
(9) "Cabinet" means the Finance and Administration Cabinet; <br>(10) "Asbestos" means the asbestiform varieties of: chrysotile (serpentine); crocidolite
(riebeckite); amosite (cummingtonite-grunerite); anthophyllite; tremolite; and <br>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 <br>dry, may be crumbled, pulverized, or reduced to powder by hand pressure;
(13) "Meeting" means all gatherings of every kind, including video teleconferences; <br>(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 <br>audio equipment;
(15) "Writing" or "written" shall mean letters, words, or numbers, or their equivalent, set
down by handwriting, typewriting, printing, photostating, photographing, magnetic <br>impulse, mechanical or electronic recording, or other form of data compilation;
(16) "Branch budget" shall have the same meaning as in KRS 48.010; and <br>(17) "Reverse auction" shall have the same meaning as in KRS 45A.070.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 63, sec. 9, effective July 15, 2010. -- Amended
2009 Ky. Acts ch. 78, sec. 35, effective June 25, 2009. -- Amended 1998 Ky. Acts <br>ch. 120, sec. 22, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 387, sec. 25, <br>effective July 15, 1994. -- Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, <br>sec. 284, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 395, sec. 1, effective
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July 15, 1988. -- Amended 1986 Ky. Acts ch. 350, sec. 2, effective April 8, 1986; <br>and ch. 357, sec. 1, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 447, <br>sec. 10, effective January 1, 1984. -- Amended 1976 Ky. Acts ch. 205, sec. 1, <br>effective October 1, 1976. -- Amended 1970 Ky. Acts ch. 204, sec. 8. -- Amended <br>1968 Ky. Acts ch. 199, sec. 1. -- Amended 1966 Ky. Acts ch. 255, sec. 58. -- <br>Amended 1964 Ky. Acts ch. 7, sec. 1. -- Amended 1962 Ky. Acts ch. 15, sec. 1. -- <br>Amended 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. XVI, sec. 1. -- Created 1949 <br>(1st Extra. Sess.) Ky. Acts ch. 11, sec. 1.
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56.440 Definitions for chapter.
As used in this chapter, unless the context otherwise requires: <br>(1) "Commission" means the State Property and Buildings Commission; <br>(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 <br>devices for the purpose of establishing, developing, or furthering television or <br>related services in aid of education or in aid of any other proper public functions, <br>whether or not the same would otherwise be legally defined as buildings; but only <br>(except for industrial development projects) if used or to be used by the <br>Commonwealth of Kentucky or one (1) of its departments or agencies (not <br>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 <br>installation of utility services, including roads and sewers, and the purchase and <br>installation of equipment, facilities, and furnishings of a permanent nature for <br>buildings; the purchase and installation initially of movable equipment, furnishings, <br>and appurtenances necessary to make a building operable; and for television or <br>related purposes as referred to in subsection (3) of this section, for use by the state <br>government or one (1) of its departments or agencies, not including any independent <br>municipal corporation or political subdivision, or any other capital outlay program <br>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 <br>thereto of improvements and facilities necessary and useful for the improvement of <br>such real estate for conveyance to or lease to industrial entities to be used for <br>manufacturing, processing, or assembling purposes, including surveys, site tests and <br>inspections, subsurface site work, excavation, removal of structures, roadways, <br>cemeteries, and other surface obstructions, filling, grading and provision of <br>drainage, storm water detention, installation of utilities such as water, sewer, <br>sewage treatment, gas, electricity, communication, and other similar facilities, off-<br>site construction of utility extensions to the boundaries of such real estate, <br>construction and installation of buildings, including buildings to be used for worker <br>training and education, rail facilities, roads, sidewalks, curbs, and other <br>improvements to such real estate necessary to its manufacturing, processing, or <br>assembling use by industrial entities; provided that an industrial entity must have <br>agreed with the commission, prior to the financing of an industrial development <br>project, to develop, in conjunction with such industrial development project, <br>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 <br>affiliates construct and develop a manufacturing, processing, or assembling facility <br>on the site of an industrial development project financed pursuant to this chapter;
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(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 <br>taxing entity, during such fiscal year in respect of an industrial development project <br>and improvements and equipment thereon and the products thereof, and activities <br>carried out by the occupants and users of such industrial development project, <br>minus an amount equal to all tax revenues received by the Commonwealth, as <br>taxing entity, in respect of the site of the industrial development project and the <br>same type of taxable properties and activities during the fiscal year immediately <br>preceding the fiscal year during which construction of the improvements undertaken <br>by an industrial entity as a result of the financing of such industrial development <br>project commenced. Incremental taxes shall include such tax revenues as state <br>corporate income taxes, state income taxes paid by employees of manufacturing, <br>processing, and assembling facilities developed on the site of an industrial <br>development project, state property taxes, state corporation license taxes, and state <br>sales and use taxes, but shall not include any taxes levied specifically for <br>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 <br>exercising any function of the state but which is not an independent municipal <br>corporation or political subdivision;
(9) "Cabinet" means the Finance and Administration Cabinet; <br>(10) "Asbestos" means the asbestiform varieties of: chrysotile (serpentine); crocidolite
(riebeckite); amosite (cummingtonite-grunerite); anthophyllite; tremolite; and <br>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 <br>dry, may be crumbled, pulverized, or reduced to powder by hand pressure;
(13) "Meeting" means all gatherings of every kind, including video teleconferences; <br>(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 <br>audio equipment;
(15) "Writing" or "written" shall mean letters, words, or numbers, or their equivalent, set
down by handwriting, typewriting, printing, photostating, photographing, magnetic <br>impulse, mechanical or electronic recording, or other form of data compilation;
(16) "Branch budget" shall have the same meaning as in KRS 48.010; and <br>(17) "Reverse auction" shall have the same meaning as in KRS 45A.070.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 63, sec. 9, effective July 15, 2010. -- Amended
2009 Ky. Acts ch. 78, sec. 35, effective June 25, 2009. -- Amended 1998 Ky. Acts <br>ch. 120, sec. 22, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 387, sec. 25, <br>effective July 15, 1994. -- Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, <br>sec. 284, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 395, sec. 1, effective
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July 15, 1988. -- Amended 1986 Ky. Acts ch. 350, sec. 2, effective April 8, 1986; <br>and ch. 357, sec. 1, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 447, <br>sec. 10, effective January 1, 1984. -- Amended 1976 Ky. Acts ch. 205, sec. 1, <br>effective October 1, 1976. -- Amended 1970 Ky. Acts ch. 204, sec. 8. -- Amended <br>1968 Ky. Acts ch. 199, sec. 1. -- Amended 1966 Ky. Acts ch. 255, sec. 58. -- <br>Amended 1964 Ky. Acts ch. 7, sec. 1. -- Amended 1962 Ky. Acts ch. 15, sec. 1. -- <br>Amended 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. XVI, sec. 1. -- Created 1949 <br>(1st Extra. Sess.) Ky. Acts ch. 11, sec. 1.
Page 1 of 3
56.440 Definitions for chapter.
As used in this chapter, unless the context otherwise requires: <br>(1) "Commission" means the State Property and Buildings Commission; <br>(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 <br>devices for the purpose of establishing, developing, or furthering television or <br>related services in aid of education or in aid of any other proper public functions, <br>whether or not the same would otherwise be legally defined as buildings; but only <br>(except for industrial development projects) if used or to be used by the <br>Commonwealth of Kentucky or one (1) of its departments or agencies (not <br>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 <br>installation of utility services, including roads and sewers, and the purchase and <br>installation of equipment, facilities, and furnishings of a permanent nature for <br>buildings; the purchase and installation initially of movable equipment, furnishings, <br>and appurtenances necessary to make a building operable; and for television or <br>related purposes as referred to in subsection (3) of this section, for use by the state <br>government or one (1) of its departments or agencies, not including any independent <br>municipal corporation or political subdivision, or any other capital outlay program <br>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 <br>thereto of improvements and facilities necessary and useful for the improvement of <br>such real estate for conveyance to or lease to industrial entities to be used for <br>manufacturing, processing, or assembling purposes, including surveys, site tests and <br>inspections, subsurface site work, excavation, removal of structures, roadways, <br>cemeteries, and other surface obstructions, filling, grading and provision of <br>drainage, storm water detention, installation of utilities such as water, sewer, <br>sewage treatment, gas, electricity, communication, and other similar facilities, off-<br>site construction of utility extensions to the boundaries of such real estate, <br>construction and installation of buildings, including buildings to be used for worker <br>training and education, rail facilities, roads, sidewalks, curbs, and other <br>improvements to such real estate necessary to its manufacturing, processing, or <br>assembling use by industrial entities; provided that an industrial entity must have <br>agreed with the commission, prior to the financing of an industrial development <br>project, to develop, in conjunction with such industrial development project, <br>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 <br>affiliates construct and develop a manufacturing, processing, or assembling facility <br>on the site of an industrial development project financed pursuant to this chapter;
Page 2 of 3
(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 <br>taxing entity, during such fiscal year in respect of an industrial development project <br>and improvements and equipment thereon and the products thereof, and activities <br>carried out by the occupants and users of such industrial development project, <br>minus an amount equal to all tax revenues received by the Commonwealth, as <br>taxing entity, in respect of the site of the industrial development project and the <br>same type of taxable properties and activities during the fiscal year immediately <br>preceding the fiscal year during which construction of the improvements undertaken <br>by an industrial entity as a result of the financing of such industrial development <br>project commenced. Incremental taxes shall include such tax revenues as state <br>corporate income taxes, state income taxes paid by employees of manufacturing, <br>processing, and assembling facilities developed on the site of an industrial <br>development project, state property taxes, state corporation license taxes, and state <br>sales and use taxes, but shall not include any taxes levied specifically for <br>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 <br>exercising any function of the state but which is not an independent municipal <br>corporation or political subdivision;
(9) "Cabinet" means the Finance and Administration Cabinet; <br>(10) "Asbestos" means the asbestiform varieties of: chrysotile (serpentine); crocidolite
(riebeckite); amosite (cummingtonite-grunerite); anthophyllite; tremolite; and <br>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 <br>dry, may be crumbled, pulverized, or reduced to powder by hand pressure;
(13) "Meeting" means all gatherings of every kind, including video teleconferences; <br>(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 <br>audio equipment;
(15) "Writing" or "written" shall mean letters, words, or numbers, or their equivalent, set
down by handwriting, typewriting, printing, photostating, photographing, magnetic <br>impulse, mechanical or electronic recording, or other form of data compilation;
(16) "Branch budget" shall have the same meaning as in KRS 48.010; and <br>(17) "Reverse auction" shall have the same meaning as in KRS 45A.070.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 63, sec. 9, effective July 15, 2010. -- Amended
2009 Ky. Acts ch. 78, sec. 35, effective June 25, 2009. -- Amended 1998 Ky. Acts <br>ch. 120, sec. 22, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 387, sec. 25, <br>effective July 15, 1994. -- Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V, <br>sec. 284, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 395, sec. 1, effective
Page 3 of 3
July 15, 1988. -- Amended 1986 Ky. Acts ch. 350, sec. 2, effective April 8, 1986; <br>and ch. 357, sec. 1, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 447, <br>sec. 10, effective January 1, 1984. -- Amended 1976 Ky. Acts ch. 205, sec. 1, <br>effective October 1, 1976. -- Amended 1970 Ky. Acts ch. 204, sec. 8. -- Amended <br>1968 Ky. Acts ch. 199, sec. 1. -- Amended 1966 Ky. Acts ch. 255, sec. 58. -- <br>Amended 1964 Ky. Acts ch. 7, sec. 1. -- Amended 1962 Ky. Acts ch. 15, sec. 1. -- <br>Amended 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. XVI, sec. 1. -- Created 1949 <br>(1st Extra. Sess.) Ky. Acts ch. 11, sec. 1.
