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10-117. Unlawful issue, diversion or misuse of bond proceeds or tax funds; penalties. Any person who shall appropriate, use, or aid or abet in appropriating or using any of the funds procured by the sale of bonds by a municipality for any other purpose than that for which such bond issue was intended, or shall issue any refunding bonds in excess of the principal amount permitted by law, or shall misappropriate or use, or aid or abet in misappropriating or using, any of the funds raised by taxation for the purpose of paying the principal or interest of such bonds for any purpose other than paying such principal or interest, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not less than one hundred nor more than one thousand dollars, and in addition thereto may be imprisoned in the county jail for not less than three months nor more than twelve months, and shall also be liable in a civil action to the municipality issuing the bonds for the amount so misappropriated or used. Any officer of any municipality who shall be convicted in a court of competent jurisdiction of a misdemeanor as herein set out shall, in addition to the penalty or penalties herein prescribed, forfeit his or her office.

History: R.S. 1923, § 10-117; L. 1977, ch. 58, § 2; May 18.

Source or prior law:

See "Revisor's Note" under 10-101.

Cross References to Related Sections:

Diversion of interest and sinking funds for refunding bonds, see 10-118a, 10-118b.

Attorney General's Opinions:

Use of surplus bond proceeds. 83-62.

County hospitals, procedure to establish; petition and election; bonds. 85-87.

Refinancing construction accounts. 86-112.


1. Diversion of county fund for highway loan is in violation of this act. State, ex rel., v. Saline County Comm'rs, 128 Kan. 437, 439, 278 P. 54.

2. Bond ballot for "public building" held not to violate section. Drenning v. City of Topeka, 148 Kan. 366, 373, 81 P.2d 720.

3. Mentioned; mandamus action compelling township trustees to sign water system bonds. State, ex rel., v. Woodruff 164, 339, 346, 189 P.2d 899.

4. Mentioned; purpose of bond proposition for school construction indicated sufficiently within proposition. Kimsey v. Board of Education, 211 Kan. 618, 627, 507 P.2d 180.

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