Request By:
Mr. David H. Bland
Executive Director
Kentucky Jailers Association
McCowans Ferry Road
Versailles, Kentucky 40383
Opinion
Opinion By: Steven L. Beshear; Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You furnished certain information about jails and raised the following question:
During the 1982 session of the General Assembly H.B. 441 was passed. This legislation authorized the addition of another $5.00 on all criminal cases in district court, including traffic offenses. The funds so generated are deposited with the State Treasurer to underwrite the retirement of bonds issued by the state for the construction and major renovation of jails.
In discussing this legislation with counties a question has been raised concerning the applicability of H.B. 299.
Are construction projects funded by this legislation covered by the provisions of H.B. 299? As you consider this question please note that, pursuant to H.B. 441, a county which receives construction assistance will be required to contribute at least 10% of the total project cost.
Section 19 of H.B. 441 (1982 regular session) amended KRS 24A.175, in connection with court costs in criminal cases in district court. KRS 24A.175(5) previously provided that the circuit clerk, at the time fines and costs are paid over to the state, shall pay five dollars ($5.00) from each court cost collected pursuant to subsection (1) of KRS 24A.175 to the county treasurer for use by fiscal court for the operational costs of the county jail. Subsection (6) of KRS 24A.175 was added in the amendment to provide as follows:
"(6) The circuit clerk shall, at the time fines and costs are paid over to the state, pay five dollars ($5.00) from each court cost collected pursuant to subsection (1) of this section to the state treasury for the benefit and use of the Kentucky local correctional facilities construction authority pursuant to KRS 441.625 to 441.695."
Since the new subsection (6) and the old subsection (5) of KRS 24A.175 have two different purposes in mind, one being jail operational costs, the other being construction costs, they are not in duplication of each other.
You ask whether construction projects funded by the above legislation are covered by H.B. 299 of the 1982 session? You have asked us to note that H.B. 441, Section 6, creating new KRS 441.630, provides in effect that a county receiving jail construction or repair aid must put up ten percent (10%) of the total project cost.
H.B. 441 creates the Kentucky Local Correctional Facilities Construction Authority, as a state agency and public corporation, for the purpose of providing an alternative method of constructing, repairing, and financing jails for counties or urban county government. See Definitions, Section 1, H.B. 441, creating new KRS 441.605, and Section 2, H.B. 441, creating new KRS 441.610 on legislative intent.
It is our opinion that H.B. 299 (1982 regular session) , Ch. 54, amending KRS 337.010, 337.505, 337.520, and 337.530, relating to prevailing wages, is applicable to construction projects carried on by the Kentucky Local Correctional Facilities Construction Authority. H.B. 299 became law on March 8, 1982, without the Governor's signature.
However, a qualifying construction or repair project is limited by Section 1 of H.B. 299 to public works by contract fairly estimated to cost more than two hundred fifty thousand dollars ($250,000) in 1982 and adjusted annually on July 1 thereafter according to the change in the Consumer Price Index released by the U.S. Department of Labor, Bureau of Labor Statistics. See KRS 337.010(3)(a), as amended by H.B. 299. "public works" includes all buildings, roads, streets, alleys, sewers, ditches, sewage disposal plants, waterworks and all other structures or work except buildings constructed as institutions of learning constructed under contract with any public authority. However, the term "public works" does not apply to construction conducted by a city, county, urban county government or school district unless such construction is financed with fifty percent (50%) or more of state funds. However, here, we are dealing with jail construction projects conducted by the aforementioned Kentucky Local Correctional Facilities Construction Authority, a state agency. See KRS 337.010(3)(e), as amended by H.B. 299. See also definitions of "locality" and "public authority" at KRS 337.010(3)(c) and (d), as amended by H.B. 299, Section 1.
The "prevailing wage" applicable to such construction projects is defined in KRS 337.505, as amended by Section 2, H.B. 299. The determination of prevailing wages is covered in KRS 337.520, as amended by Section 3, H.B. 299. See KRS 337.530, as amended by Section 4, H.B. 299, providing that the contractor on such public projects must pay not less than the prevailing wage rate established.