10-118a.   Diversion of interest and sinking funds for refunding bonds;penalties.Whenever any municipality, as defined in K.S.A. 10-101, shall haverefunded any of its outstanding bonded indebtedness, all funds on hand tothe credit of the bonds so refunded shall be transferred to the credit ofthe interest and sinking fund for the refunding bonds so issued; and anyand all taxes originally levied for the payment of said outstanding bondsso refunded, when collected, shall be paid into the interest and sinkingfund created for the payment of said refunding bonds and interest.

      Any diversion of such funds to other purposes shall constitute amisappropriation thereof; and any person who shall divert or aid or abet inthe diversion of any of such funds for any other purpose shall be deemedguilty of a misdemeanor, and upon conviction thereof, shall be fined in thesum of not less than one hundred dollars ($100) or more than one thousanddollars ($1,000); and in addition thereto, may be imprisoned in the countyjail for not less than three (3) months or more than twelve (12) months;and shall also be liable in a civil action to the municipality for theamount so diverted. Any official of any municipality who shall be convictedin a court of competent jurisdiction of a misdemeanor as herein set out,shall in addition to the penalty or penalties herein described, forfeit hisor her office.

      History:   L. 1933, ch. 31, § 1 (Special Session); Dec. 30.