xt7tb27ps902 https://exploreuk.uky.edu/dips/xt7tb27ps902/data/mets.xml Kentucky. Department of Education. Kentucky Kentucky. Department of Education. 1962-05 bulletins  English Frankford, Ky. : Dept. of Education  This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Educational Bulletin (Frankfort, Ky.) Education -- Kentucky Educational Bulletin (Frankfort, Ky.), "Kentucky Common School Laws 1962", vol. XXX, no. 5, May 1962 text 
volumes: illustrations 23-28 cm. call numbers 17-ED83 2 and L152 .B35. Educational Bulletin (Frankfort, Ky.), "Kentucky Common School Laws 1962", vol. XXX, no. 5, May 1962 1962 1962-05 2022 true xt7tb27ps902 section xt7tb27ps902   

 

 KENTUCKY
COMMON SCHOOL
LAWS

7962

With Abstracts from the DecisiOns of the Court
of Appeals to and including Volume 348 of
Southwestern Reporter

Published by Order of
the State Board of Education

STATE BOARD OF EDUCATION

 

 

 

 

  

 

 

 

DUNNE PRESS
LOUISVILLE, KENTUCKY
PRINTERS TO THE COMMONWEALTH OF KENTUCKY

 

the
tim
con
and
the

Pu]
sch
B0:
ifltl
the
ed1'
the

 

 KY

 

FOREWORD

Section 156.240 of the Kentucky Revised Statutes provides that
the Superintendent of Public Instruction shall prepare for publica-
tion the complete school laws of Kentucky. This volume is issued in
compliance with these provisions in order that school administrators
and other interested persons may have available a compilation of
the existing school laws.

Section 156.240 further provides that the Superintendent of
Public Instruction shall explain the true intent and meaning of the
Sohool laws and the published rules and regulations of the State
Board of Education. This bulletin forms the basis upon which such
interpretation is based. Together with the published regulations of
the State Board of Education, it constitutes the legal basis for public
education in Kentucky. These statutes and annotated decisions of
the Court of Appeals were compiled for the Superintendent of
Public Instruction. Included are acts of the 1962 session of the

General Assembly and annotations of decisions of the Court of
Appeals to and including Volume 346.

AS the legal structure of education in Kentucky becomes in—
Freasmgly 00mplex, proper knowledge of school law acquires a new
llflportance. No publication can substitute for competent, legal ad-
V108 ; however, it is our sincere hope that this volume will enable

School administrators and others to acquire a basic understanding
of Kentucky school law.

WENDELL P. BUTLER
Superintendent of Public Instruction

 

  

 

 

 

 

 

TABLE OF CONTENTS

Chapter Page
I Kentucky Constitutional ProviSions 1

II General Provisions _________________________________________________________________________________ 17
III Department of Education _______________________________________________________________________ 152
IV State Support of Education ___________________________________________________________________ 199
V Conduct of Schools _________________________________________________________________________________ 225
VI Compulsory Attendance _________________________________________________________________________ 241
VII School Districts _________________________________________________________________________________________ 251
VIII School Employes, Teachers’ Retirement and Tenure ..................... 309
IX School Property and Buildings ........................................................... 369
X Vocational Education and Rehabilitation ......................................... 404
XI State Universities and Celleges _________________________________________________________ 410
XII City Universities and Colleges _____________________________________________________________ 451
XIII Negro Vocational and Higher Education ......................................... 463
XIV Education of the Deaf, Dumb and Blind ___________________________________________ 468
XV Educational TeleviSion __________________________________________________________________________ 473

 

Se(

158

165
169
179

180

183
184

185
186
187

188
189

228
237
246

giv
21113
p01
wo
pla
shat

 

  

CHAPTER I
KENTUCKY CONSTITUTIONAL PROVISIONS

Section

5 Right of religious freedom. '
55 When laws to take effect; emergency legislatlon.
59 Local and special legislation.

91 Constitutional state officers; election, qualifications, term of office;
duties; Secretary of State to record acts of Governor and report
them to General Assembly.

93 Constitutional state officers not to succeed themselves; duties; fees;
inferior state officers; term.

95 Time of election of constitutional state officers.
96 Compensation of constitutional state officers.

152 Vacancies; when filled by appointment, when by election; who
to fill.

155 School elections not governed by constitution.

157 Maximum tax rate for cities, counties and taxing districts; indebted—
ness exceeding income provided for year nOt ’60 be incurred
without popular vote.

158 Maximum indebtedness of cities, counties and taxing districts; in—
debtedness authorized or incurred prior to constltutlon-

165 Incompatible offices and employments.

169 Fiscal year.

179 Political subdivision not to become stockholder in corporation, or
appropriate money or lend credit to any person, except for roads
or state capitol.

180 Poll tax; act or ordinance levying any tax must specify purpose, for
183 which alone money may be used.

General Assembly to provide for school system.

184 Common school fund; what constituteS; use; vote on tax for educa-
185 tion other than in common schools.

Interest on school fund; investment.
186 Distribution and use of school fund.

187 Whitelanld colored to share fund without distinction; separate
SC100 S.

133 Refund of federal direct tax part of school fund; irredeemable bond.

189 Schoolhmtiney not to be used for church, sectarian or denominational
so 00.
228

23 Oath of officers and attorneys.
24; Federal office incompatible with state office.
Max1mum limit on compensation of public officers.

, § 5' Right of Religious Freedom. No preference shall ever be
given by law to any religious sect, society or denomination; nor to
any particular creed, mode of worship or system of ecclesiastical
£11121; 1101‘ shall any person be compelled to attend any place of
place 131:0 contribute to the erection or maintenance of. any such
Shall 21111 0 the salary or support of any minister of rehgion; nor

y man be compelled to send his child to any school to Wthll

1

 

  

 

 

 

 

 

Sec. 55 Kentucky Constitutional Provisions

he may be conscientiously opposed; and the civil rights, privileges
or capacities of no person shall be taken away, or in any wise di‘
minished or enlarged, on account of his belief or disbelief of any
religious tenet, dogma or teaching. No human authority shall, in
any case Whatever, control or interfere with the rights of conscience.

Nicholas, et al. v. Henry, 301 Ky. 434. The statute providing supplementary trans-
portation for children attending school in compliance with compulsory school attend-'41:?
laws, providing for payment of such transportation from general funds of county. in ‘
ing transportation available to children attending common, privateusectarian, or 136“;
chial schools, is tax legislation for a public purpose and is not violative.of constitution
provisions prohibiting special privilege or requiring tax levies for public purposes 0n1Y~
(November 27, 1945.)

Rawlings vs. Butler, 290 S.W. (2d) 801. That members of religious orders who
were engaged to teach in public schools were religious garb or emblems did not. 0f
itself. violate constitutional guarantee of freedom of religion. (February 10, 1956i.

Mosier v. Barren County Board of Health, 308 Ky. 229, 215 S. W. (2d) 907. “Religlylli
freedom" embraces conception of freedom to believe and freedom to act. and the firs
freedom is absolute but the second freedom is not, and one’s conduct remains to regu‘
lation for protection of society.

'9‘ 55. When Laws to Take Effect; Emergency Legislation. Ni)
act, except general appropriation bills, shall become a law until
ninety days after the adjournment of the session at which it was
passed, except in cases of emergency, when, by the concurrence Of
a majority of the members elected to each House of the General
Assembly, by a yea and nay vote entered upon their journals an act
may become a law when approved by the Governor; but the reasons
for the emergency that justifies this action must be set out at length
in the journal of each House.

Ficke, et al. v. Board of Trustees of Erlanger Consolidated Graded 5611091333231
262 Ky. 312. School districts have liens on personal property. If Governor n91

o
proves nor disapproves act with emergency clause it becomes effective when returns
Secretary of State’s Office.

. - ro-
. Emergency statute declaring inadequacy of existing remedies and mtentlgatcgiiileb‘
v1de additional remedies for collecting school taxes held intended to apply re r
(January 24, 1936.)

§ 59. Local and Special Legislation. The General Assemlfly
shall not pass local or special acts concerning any of the followmg
subjects or for any of the following purposes, namely:

(15th) To authorize or to regulate the levy, the assessme
the collection of taxes or to give any indulgence or discharge t
assessor or collector of taxes, or to his sureties.

(25th) To provide for the management of common sch001s-Act

956

Harlan—Wallins Coal Corp. v. Cawood, 303 Ky. 544, 198 S.W.. (2d) 218- Flfiaéfie ap-
(KRS 160.475) fixing limits on ad valorem school tax levies is a genefl‘gu e state:
plicable to all fiscal courts and county school districts equally throng special leglsg
hence it does not violate subsection (51) of Const. 59. inhibiting local orate schools 0
lation though the determination of the amount of tax necessary to oper
each district is left to the county board of education. 291 KY.

Johnson, Governor v. Commonwealth ex rel. Meredith, Atty- Gen'ia an attorney
State executive departments, boards. or commissions may be representEd 3’
other than the Attorney General. (August 26, 1942.)

nt, 01‘
0 alll’

2

 

clu
gui
cla.

pra
pra
nat
eitl
cor

 

  

‘hts, privileges
1 any Wise di-
sbelief of any
.ority shall, in
. of conscience.

pplementary trans-
' school attendance
is of county, mak-
sectarlan, or paro-
le of constitutional
blic purposes only.

igious orders who
iblems did not. 0f
ary 10. 1956b

2d) 907. “Religim's
. act. and the firSt
t remains to red“

egislation. N0
e a law until

which it was
:oncurrence of
if the General
ournals an act
»ut the reasons
is out at length

ed school District
vernor neither a!"
: When returned 10

l intention tapro-
1PPI)’ retroactively.

eral Assembly

the following
assessment; or
scharge to all),

Red, 291 1“
ted by an a

Kentucky Constitutional Provisions Sec. 91

1 Stone v. Wilson, 102 Ky. 423, 43 S.W. 397. Local or special legislation applies ex-
cuswely to special or particular places, or special or particular persons, and is distin-
guished from the statute intended to be general in its operation and that relating to
classes of persons or subjects.

ra 13111101?1 v. Meigs, 340's. W. (2d) 601. 1960. Constitution section providing that
p actice courts of continuous session may, by general law, be made different from
grit: ice tof circuit courts held in terms necessarily implied right of legislature to desig-
eithercer ain courts as being courts of continuous session and legislature has right, by
contin speCial 0_r general law, to say. whether courts of particular district shall be of
vidin mfius fessmn; and statute creating Judicial district of Franklin County and pro—
geneigl loarw Eggidfgg gguré EtiereOf was not violativte of Constitution, notwithstanding

, ‘ o nuous sesSi ' ‘ " ' ' '
havmg populations of less than 150,000. 0115 in cour s of distiicts con51sting of counties
Watkins v State Property and Buildin ’ ‘

. . - g Comn 342 S. W. (2d) 511. 1961. Restric-
wags Iof‘fiailranents of veterans’ bonus to veterans of Spanish American War, World
prior to ent War II 'and Korean Conflict, who were state residents for six months
payment ofry igto active serv1ce and were state residents at time electorate approved
within counts, onus. and to maxrrnum amounts of $300 for veteran with service
bonus statut and $500 for those With service outside country, were reasonable, and
3 (e) (1-4).e was not for such reasons invalid. (Acts 1960, c. 15, Sections 1 et seq.,

Sims v. Board of Education of J
is efferson County Ky. 290 S. W. (2d) 491. Le islation

Claélgbilegti‘bfigrgflgfigl‘ npr repugnant to the Constitiition because it applies to ognly one

or arbitrary. Jec s prov1ded that the claSSification thus made is not unreasonable
Carr v. Texas Ea te- '1‘ ' ‘

classifies rea s in ransmrssron Corp, 344 S. W. (211) 619. 1961. If a statute

as special 1e 3:11:81; and operates upon all of the class equally. it is not unconstitutional

1961. The statute V. - V] ' I‘ V =1
. pro ldll’lg that a. acti f . I - '

~ . . _ on 0 IHJUI‘ to livestock by I hoad OI
COIPOIalion must be biought Wlthln one year 1's not invalid as special legislationl. Ibid.

State P - -
Counties “11:01:33 & Buildingpomm. v. Hays, 346 S. W. (2d) 3. 1961. Classification of
to Whether they Iii-$6 of states contribution to counties’ election expenses according
acquired voting machines by certain date in compliance with statute

was based on -
render statute gszgfiable and natural difference, was not discriminatory, and did not

Ku -
mittingpggfm‘g, I‘Rz‘clggngi-lt oft Jefferson County, 346‘s. W. (2d) 763- 1951- A011 per-
was not invalid as special iigisiggg’KPO population to impose occupational license taxes
1961. Act ’ ‘
license tax permitting county having 300,000 po ulation to im 0 '
and provrding for allowance of credit in arribunt paid to citIy Sseitugtgdptzlieggfri

01‘ same privilege '
any was not violative of const‘tu ' ' ' ‘ .
guaranty under state or federal constitution?!Ollbidfeqmrement 0f unlfolmlty 01‘ 0f

Tern? :fl-oggfftlgutlonal State Officers; Election, Qualifications,
emor and Re it 111113165; Secretary of State to Record Acts of Gov-
of Public Ac501‘ t em to General Assembly. A Treasurer, Auditor
Agriculture Loints, Register of the Land Office, Commissioner of
eral and Super? fr and Statistics, Secretary of State, Attorney-Gen-
qualified voterm indent of Public Instruction, shall be elected by the
for the term ofsfo the state at the same time the Governor is elected
of age at the ti our fyears, each of whom shall be at least thirty years
Zen of the Stat811:: 10 his election, and shall have been a resident citi-
of all these offic east two years next before his election. The duties
the Seeretary of €811: shall be such as may be prescribed by law, and
Official acts of th agree shall keep a fair register of and attest all the
and all papers me overnor, and shall, when required, lay the same
hOuse of the Gten 11111:: and vouchers relative thereto before either
Shall enter u era Issembly. The officers named in this section

pon the discharge of their duties the first Monday in

3

 

  

 

 

 

 

 

 

Sec. 93 Kentucky Constitutional Provisions

January after their election, and shall hold their offices until their
successors are elected and qualified.

§ 93. Constitutional State Officers Not to Succeed Themselves;
Duties; Fees; Inferior State Officers; Term. The Treasurer, Auditor
of Public Accounts, Secretary of State, Connnissioner of Agriculture,
Labor and Statistics, Attorney-General, Superintendent of Public
Instruction, and Register of the Land Office shall be ineligible to
re—elcction for the succeeding four years after the expiration of the
term for which they shall have been elected. The duties and re-
sponsibilities of these officers shall be prescribed by law, and all
fees collected by any of said officers shall be covered into the treas—
ury. Inferior state officers, not specifically provided for in this con-
stitution, may be appointed or elected, in such a manner as may be
prescribed by law, for a term not exceeding; four years, and until
their successors are appointed or elected and qualified.

§ 95. Time of Election of Constitutional State Officers. The
election under this Constitution for Governor, Lieutenant Governor,
Treasurer, Auditor of Public Accounts, Register of the Land Office:
Attorney—General, Secretary of State, Superintendent of Public IDI-
struction, and Commissioner of Agriculture, Labor and Statistics,
shall be held on the first Tuesday after the first. Monday in NOVCm‘
ber, eighteen hundred and ninety—five and the same day every four
years thereafter.

§ 96. Compensation of Constitutional State Officers. A11 9H“
cers mentioned in section ninety-five shall be paid for their sel‘VlCCS
by salary, and not otherwise.

§ 152. Vacancies; When Filled by Appointment, When by Elec'
tion; Who to Fill. Except as otherwise provided in this constitutl'ODv
vacancies in all elective offices shall be, filled by election or appomt'
ment, as follows: If the unexpired term will end at the next Sllc'
ceeding annual election at which either city, town, county, distl‘lCt
or state officers are to be elected, the office shall ‘be filled by ap—
pointment for the remainder of the term. If the unexpired term \f’lll
not end at the next succeeding annual election at which either 01W!
town, county, district or state officers are to be elected, and if three
months intervene before said succeeding annual election at “7111611
either city, town, county, district or state officers are to be elected’

4.

 

 

  

as until their

Themselves;
irer, Auditor
Agriculture,
it of Public
ineligible to
ration of the
Lties and re-
law, and all
llO the treas-
.‘ in this con-
:r as may be
es, and until

fficers. The
at Governor,
Land Office,
Df Public 111'
d Statistics:
y in Novem-
v every four

rs. All offi—
heir services

hen by Elec-
constitution:
L or aPPOth’
1e next 5118‘
nty, district
iillcd by ap-
ed term will
, either city,
and if three
)II at WlliCh
) be elected:

\I

\,

Kentucky Constitutional Provisions Sec. 157

the office shall be filled by appointment until said election, and then
said vacancy shall be filled by election for the remainder of the
term. If three months do not intervene between the happenings of
said vacancy and the next succeeding election at which city, town,
county, district or state officers are to be elected, the office shall
be filled by appointment until the second succeeding annual election
at which city, town, county, district or state officers are to be
elected; and then, if any part of the term remains unexpired, the
office shall be filled by election until the regular time for the
election of officers to fill said offices. Vacancies in all offices for
the state at large, or for districts larger than a county, shall be
filled by appointment of the governor; all other appointments shall
be'made as may be prescribed by law. No person shall ever be ap-
ponited a member of the General Assembly, but vacancies therein
maybe filled at a special election, in such a manner as may be
prov1ded by law.

Brown
v. Rose, 233 Ky. 549, 26 S. W. (2d) 503. One elected to office to fill vacancy

on county board ' ‘ ‘ ' '
held to be unreaggxféifigapigiernust qualify Within reasonable time thereafter. Sixty days

County board wa ‘th' ' ‘ ‘
appointing person to fSiIIWl in its rights in declaring a vacancy in its membership and
days after receiving certi‘filccgféclgf giféeogne elected to fill vacancy had not qualified 33

C0 . .
unty board of education is not constitutional office. (March 25, 1930.)

proving: OSfchool Elections Not Governed By Constitution. The
and fifty-£011 sections one hundred and forty-five to one hundred
trustee 1‘, 1nclus1ve, shall not apply to the election of school

s and other common school district elections. Said elections

Shall be reoul
. t“ ated by the General A ssemblr ' '
PI‘OVIded in this COHstitution. 3, except as othermse

tricts§;lI:'2e1:v1f::1{111:mn]lgTax Rate for Cities, Counties and Taxing Dis-
ncurred Without s1: xceeding Income Provided for Year Not to be
ties, taxino- dis‘tri t opular Vote. The tax rate of cities, towns, coun-
purposgs, :hau nets and other municipalities, for other than school
the value of the ot, at;O any time, exceed the following rates upon
cities having a Oaxla gle property therein, viz.: For all towns or
and fifty cents 01313111 ation of fifteen thousand or more, one d011aI‘
less than fifteen t-he hundred dollars; for all towns or cities having
dollar on the hm 1 ousand and not less than ten thousand, one
than ten thousamlic red dollars; for all towns or cities having less
and fer counties a, slevent'y-five cents on the one hundred dollars
dollars. unles . nc taxmg districts, fifty cents on the hundred

, s it should be necessary to enable such city, town,

5

 

 

  

 

 

 

 

 

 

 

 

 

Sec. 157 Kentucky Constitutional Provisions

county, or taxing district to pay the interest on, and provide a sink-
ing fund for the extinction of indebtedness contracted before the
adoption of this Constitution. No county, city, town, taxing district,
or other municipality shall be authorized or permitted to become
indebted in any manner or for any purpose, to an amount exceeding
in any year, the income and revenue provided for such year, without
the assent of two-thirds of the voters thereof, voting at an election
to be held for that purpose; and any indebtedness contracted in
violation of this section shall be void. Nor shall such contract be
enforceable by the person with whom made; nor shall such munici-
pality ever be authorized to assume the same.

Board of Education of Fayette County v. Board of Education of Lexington Independ-
ent School District, 250 s.w. (2d) 1017. Property in county school district at time Of
favorable vote on question of indebtedness and issuing general obligation bonds. would
be liable for the tax regardless of the subsequent transfer of the property to another
school district.

Board of Education of Louisville et al. v. City of Louisville et al., 258 SW. (2d) 707.
The provisions of KRS 162.090, making school bonds the obligation of the city in case:
where the city school district embraces the city. cannot constitutionally be apphed
where the city boundaries extend beyond those of the school district; therefore the bonds
constitute obligations of the school district, for which only property within the district
may be taxed and for which only voters in the district may vote on the questlon 0
issuance of bonds.

Billings v. Bankers Bond Co., 199 Ky. 490, 251 S. W. 643. A certain contract 1.“ thh
a board of education under the guise of Reynolds, attempted to secure the erectwn Of a
schopld building, for an amount in excess of the revenues for the current year, was
inva i .

Fall v. Read, 194 Ky. 135, 238 S. W. 177. The outstanding indebtedness of a 0115’.“
not to be considered in determining indebtedness that may be incurred by a sch001 (115‘
trict of which the city forms a part.

Flanders v. Board of Trustees of Little Rock Graded School, 170 Ky. 627, 186 5- W-
506. If a municipality creates a debt greater than the income and revenue for such Year
without the assent of the voters. the same is in violation of this section, although t e
amount is divided in equal installments, payable in a series of years.

Dunn v. Allen. et al., 308 Ky. 7'14, 215 S. W. (2d) 957. Purpose of appropriation 3;!
providing for supplementing salaries of teachers in common schools was to benefit teac
ers and not school board. (December 14. 1948.)

Dodge v. Jefferson County Board of Education, 298 Ky. 1. The expenditure ’2’?"
Jefferson County Board of Education, for maintenance of a recreational plan. 0f 25
funds collected for educational purposes. common school purposes. and the comm
school system. is not Violative of constitutional provisions that taxes collectEdufOr “on
purposes should not be applied to other purposes, since the terms “education." 00!“ng
i322? purpose.” and “common school system" embrace recreational training. (June ‘

Blancett v. Leet. et al.. 297 Ky. 141. ..thre board of education made no expengéé
tures in excess of those shown by budget and floating indebtedness was the aggre%.ng
of annual deficiencies in tax collection. plus interest accumulated thereon, the flea :13
indebtedness was not incurred in excess of “income and revenue” within constitutlo _
provision establishing maximum indebtedness and therefore the indebtedness was fun
able. (March 24, 1944.) ‘t

Rowan County Board of Education v. Citizens Bank. et al., 279 KY~ 413~ “155:3:
tests the validity of a proposed bond issue of the county board of education. JUngFune
g; tfiggltawer court affirmed and the issue of bonds of $62,500 is thereby approved (

Citizens’ Bank v. Rowan County Board of Education. 27:1 Ky. 48!. Warrants ‘
over a period of six years for governmental expenses of board of education and l” ted
did not exceed. with prior indebtedness. the revenue that could be lawfully antmpfiich
for the particular year. were valid obligations when issued. and hence a no e by ‘3 the
Warrants were taken up was valid regardless of whether amount of note eXCGEde
ant1c1pated revenue for the year in which note was executed. (June 24. 1938.) , g
. Abbott, et al. v. Oldliam County Board of Education. 272 Ky. 654. It outstagldggd
indebtedness when created did not exceed anticipated revenue as shown by budge sells
money was expended for lawful purposes. funding bonds may be issued and Pr“
applied to reduction of said indebtedness. (May 5. 1938.)

gelled

6

boai
wen
DTOI
refu
encl

edui
oft

Ky.
p05(

and
63114

exp‘
as i

leas
paic
of 1
con:

inct
tion

and
As

rem
taxi
coll

not
rea:
inv:
stiti
issu

thm
vali
Ibic‘

of i
voti
had
an

of 1
mg

CEEI
C011

Di:

1116

 

 vide a sink-
before the
lug district,
to become
1: exceeding
:ar, without
an election
ntracted in
contract be
uch munici-

gton Independ-
rict at time Of
ri bonds. would
arty to another

3 s.w. (2d) 707.
ie city in cases
illy be applied
efore the M“?5
hin the district
the question 0

ntract in which
re erection 0 a
‘rent year, was

less of 3 CW,“
)3; a school d15-

. 627, 186 s. W-
[e for such year
11, although the

ro riation act
ldpbeipiefit teach-

ex enditure by
[81 pplan. of tax
1d the common
llected for 511

,tion.” "comm"rl
ining. (June 23‘

ide no eXDendi'
IS the aggregi‘“
.on' the floating?
in constitution;
iness was '

. This suit
dig: Judgment
approve - (June
Warrants “mg
ation an. . ted
fullyt aggct‘dfiich
Elem::068ded the
1938.) _

If outstanding
, by budget ”is
ad and procee

Kentucky Constitutional Provisions Sec. 158

Scott County Boaard of Education v. McMillen, 270 Ky. 483. The plan of the county
board of education providing for conveyance to holding corporation properties which
were to be jointly mortgaged to secure payment of bonds, was not invalid because all
properties were jointly subject to lien for payment of bonds or because provision for
refunding of any taxes paid by bondholders if annual payment was within board's un-
encumbered annual income. (November 5, 1937.)

Bales v. Holt, County School Superintendent, et al., 270 Ky. 272. County board of
education should assume indebtedness of the independent district which becomes part
of the county district. (October 22, 1937.)

Fiscal Court of Jackson County, et al. v. Board of Education of Jackson County, 269
Ky. 258.. Board of Education authorized to convey school site to fiscal court for pur—
pose of issuing bonds to finance construction of school building. (June 15, 1937.)

Fiscal Court of Jackson County, et al. v. Board of Education of Jackson County, 268
Ky. 336. This contract to lease a building provides for continuance from year to year
and is illegal. It could be remedied by making lease for one year.

Meade v. Board of Education of Johnson County, of al., 268 Ky. 71. Board of edu-
cation has legal authority to issue bonds to refund validly created indebtedness.

Lee v. Board oi’ Education of Bell County, 261 Ky. 379. Debt which arose from un-
EXDECtEd decrease in value of property of county school district held a valid obligation
as regards validity of bonds authorized to fund such obligations. (November 19, 1935.)
1 DaVis v. Board of Education of City of Newport, et al., 260 Ky. 294. Thirty-year
ease of school building to board on condition of paying $15,000 a year until all rentals
Dglg on condition that building would be conveyed to board held unconstitutional. Lease
0 uilding to board by city for annual rental which does not exceed budget for year
constitutional. (May 31, 1935.)
in Hogan v. Lee Fiscal Court, et al., 235 Ky. 100. Amount of indebtedness counties may
ti cur1 depends on how much revenue would have been raised by imposing full constitu-
b0nia tax rate and not actual revenue. County may fund legally created indebtedness
y 559mg bonds. Dlssentmz opinion given by Chief Justice Thomas and Judges Rees
and Dietzman. (June 20, 1930.)

As Beg v. Board of Education of Barren County Sch. Dist, 343 S. W. (2d) 804. 1961.
murll'se' in this section, constitutional provision prohibiting any taxing district or other
reverlimpghty from becoming indebted to amount exceeding, in any year, “income and
taxlnued' pljovuied for such year, quoted phrase means income and revenue which
colleegtinésma has actually provided for in reasonable and good faith anticipation of
not 313161. Floating indebtedness, necessarily incurred by county board of education,
reasonafiimess of. constitutional debt limitation, for legitimate school purposes, because
invalidatiy anticipated franchise tax collections had been greatly reduced by judicial
Siit‘uted 0n_0f method of computing assessed valuation of gas pipeline franchises, con-
issue Ibvidhd obligation of county school district which could be funded by bond

1961- Annual special tax in excess of maximum re

, gular ad valorem tax levy au-
it‘flfe‘li by statute, could be levied to amortize principal and interests of funding bonds
Ibid. y ssued by County school district, where maximum regular levy was insufficient.

State Property & Buildin '
. gs Comm. v. Hays. 346 S. W. (2d) 3. 1961. Provision
ggtifigsmhlcsliggsfldfd 1féailure Ittoi prgvide in county) laudget fordlpayment offlrentals for
u resu n isanprova o u ge regar ess of whe er coun
had renewed lease, imposed “debt” and was unconstitutional. ty

1961. An obligation from which ' ‘ '
county cannot disengage itself Without abandoning
an unavoidable function of government is a “debt” within state constitution. Ibid.

gggrésééigeifffiéi‘gfifii‘gjgipfitc) tgrrfiifé’eccfdfiflasfiiihh‘ii 332%??? sightipfifiigéfii‘f
ceedspf bonds payable out Mugs,egggngjss‘iaznd’gi‘peig‘céligsfi retitslirhgg fizzliiigi‘; {hogar‘idiois
Counties, were not unconstitutional and did not render statute invalid. Ibid.

. §' 158. Maximum Indebtedness of Cities, Counties and Taxing
gistricts; Indebtedness Authorized or Incurred Prior to Constitu-
1011: -The respective cities, towns, counties, taxing.r districts, and
mumClpalities shall not be authorized or permitted to incur indebted-
:::::§i::1 11:10:11? including existingindehtedness, in the aggregate
of the tab); file 0 lowmg named maxnniim- percentage on the value
next bean; 1:ehprlopcrty therein, to be. estimated by the assessment
indebtedness 6 ast. assessment prevmus to the incurring of the

, v1z.: Cities of the first and second classes, and of the

7

 

  

 

 

 

 

 

 

Sec. 158 Kentucky Constitutional Provisions

third class having a population exceeding fifteen thousand, ten
per centum; cities of the third class having a population of less
than fifteen thousand, and cities and towns of the fourth class, five
per centum; cities and towns of the fifth and sixth classes, three
per centum; and counties, taxing districts and other municipalities,
two per centum: Provided, Any city, town, county, taxing district
or other municipality may contract an indebtedness in excess of such
limitations when the same has been authorized under laws in force
prior to the adoption of this Constitution, or when necessary for
the completion of and payment f0 ‘ a public iinrn'ovement undertaken
and not completed and paid for at the time of the adoption of this
Constitution: And provided further, It, at the time of the adoption
of this Constitution, the aggregate indebtedness, bonded or floating,
of any city, town, county, taxing district or other municipality 111—
cluding that which it has been or may be authorized to contract as
herein provided, shall exceed the limit herein prescribed, then 110
such city, or town shall be authorized or permitted to increase its
indebtedness in an amount exceeding two