The general appropriation bill shall embrace nothing but appropriations for the expense of the executive, legislative and judicial departments of the state, state institutions, interest on the public debt and for public schools. All other appropriations shall be made by separate bills, each embracing but one subject.
Entire article added, effective August 1, 1876, see L. 1877, p. 42. L. 50: Entire section amended, see L. 51, p. 555.
ANNOTATION Am. Jur.2d. See 63C Am. Jur.2d, Public Funds, §§ 33-38. Purpose of section to guard against improper appropriations of public revenue. This section was adopted not merely to make emphatic the exception found in section 21 of this article. Its special office is to guard against improper appropriations of the public revenue and to impose restrictions upon the manner of making the same, in addition to those found in section 21 of this article. In re House Bill No. 168, 21 Colo. 46, 39 P. 1096 (1895). "Subject", as employed in this section, is substantially equivalent to "purpose". In re House Bill No. 168, 21 Colo. 46, 39 P. 1096 (1895). Purpose of appropriation bills is to take money out of state treasury. People ex rel. Colo. State Hosp. v. Armstrong, 104 Colo. 238, 90 P.2d 522 (1939). Sole purpose of the general appropriations bill is to meet charges already created against the public funds by affirmative acts of the general assembly. Dodge v. Dept. of Soc. Servs., 657 P.2d 969 (Colo. App. 1982). Scope of general appropriation bill is to provide appropriations such as can be constitutionally included therein for the period of two years only. In re House Bill No. 168, 21 Colo. 46, 39 P. 1096 (1895).
The general appropriation bill can only provide for meeting charges already created against the public funds by affirmative acts of the general assembly. The compensation of lieutenant-governor should first be prescribed by affirmative legislation before it can be included in the general appropriation bill, and there must be a law permitting expenses to be incurred before they can lawfully be paid out from the state treasury. A law must be enacted providing for its allowance before the compensation or expenses of state officials can be included in the general appropriation bill. Leckenby v. Post Printing & Publishing Co., 65 Colo. 443, 176 P. 490 (1918).
And not within province of general appropriation bill to enact affirmative laws. The framers of the constitution never contemplated that this bill would be used for the twofold purpose of creating laws and then appropriating money to carry them into effect. Affirmative legislation, as well as special appropriations, are otherwise provided for in the constitution. People ex rel. Clement v. Spruance, 8 Colo. 307, 6 P. 831 (1885); In re House Bill No. 168, 21 Colo. 46, 39 P. 1096 (1895); Anderson v. Lamm, 195 Colo. 437, 579 P.2d 620 (1978).