56.440 Definitions for chapter. - Kentucky Statutes

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Page 1 of 3 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; 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
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; and
(17) "Reverse auction" shall have the same meaning as in KRS 45A.070. Effective: July 15, 2010
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
ch. 120, sec. 22, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 387, sec. 25,
effective July 15, 1994. -- Repealed and reenacted 1990 Ky. Acts ch. 476, Pt. V,
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;
and ch. 357, sec. 1, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 447,
sec. 10, effective January 1, 1984. -- Amended 1976 Ky. Acts ch. 205, sec. 1,
effective October 1, 1976. -- Amended 1970 Ky. Acts ch. 204, sec. 8. -- Amended
1968 Ky. Acts ch. 199, sec. 1. -- Amended 1966 Ky. Acts ch. 255, sec. 58. --
Amended 1964 Ky. Acts ch. 7, sec. 1. -- Amended 1962 Ky. Acts ch. 15, sec. 1. --
Amended 1956 (1st Extra. Sess.) Ky. Acts ch. 7, Art. XVI, sec. 1. -- Created 1949
(1st Extra. Sess.) Ky. Acts ch. 11, sec. 1.