10-1113.   Creating indebtedness in excess of funds unlawful;exceptions.Unless otherwise provided in this act, it shall be unlawful after May 1,1933, for any member of any governing body of any municipality to knowinglyvote for or in any manner aid or promote the passage or adoption of anyorder, motion, ordinance, resolution, legislation or other act of saidgoverning body, creating an indebtedness in excess of the amount of fundsactually on hand in the treasury of such municipality at the time for suchpurpose, or to knowingly vote for the drawing of any order, warrant orcheck, or other evidence of such indebtedness on the treasury of saidmunicipality, in payment of any such indebtedness, in excess of the amountof funds actually on hand in the treasury at the time for such purpose.School districts and community junior colleges, may, however, issuecancelable purchase orders for school supplies and equipment, school buses,books purchased in conjunction with textbook rental programs and dataprocessing equipment in advance of the budget year during which moneys willbecome available to pay for such purposes, but contracts for the purchaseof such school supplies and equipment, books, buses and data processingequipment cannot be entered into except during the budget year in whichmoneys will become available for such purchases and risk of loss and titlethereto shall not pass to the school district or community junior collegeprior to entering into such contracts. Issuance of such a cancelablepurchase order shall not constitute an indebtedness within the meaning ofK.S.A. 79-2935.

      History:   L. 1933, ch. 319, § 13; L. 1969, ch. 67,§ 1; L. 1970, ch. 66, § 1; L. 1972, ch. 40, § 2; July 1.