Colo. Const. art. V § 34 Appropriations to Private Institutions Forbidden

• Library: Colorado Constitution
• Currency: Current through 11/8/2022 Election
• Citation: Colo. Const. art. V § 34

No appropriation shall be made for charitable, industrial, educational or benevolent purposes to any person, corporation or community not under the absolute control of the state, nor to any denominational or sectarian institution or association.

Cite as Colo. Const. art. V § 34

Source:

Entire article added, effective August 1, 1876, see L. 1877, p. 42.

ANNOTATION

Purpose of phrase "not under the absolute control of the state". The phrase "not under the absolute control of the state" was added specifically to ensure that public entities would not be covered by the provision. In re Colo. State Senate, 193 Colo. 298, 566 P.2d 350 (1977).

"Not under the absolute control of the state", refers only to "corporation or community", for the reason that under the ordinary and usual rule of construction the qualifying words should be held to refer to the first preceding subject to which they can be consistently applied and no sufficient reason appears for requiring the appropriation to be under the absolute control of the state, while there are strong arguments in favor of limiting the beneficiaries to those institutions and associations under state control. In re Relief Bills, 21 Colo. 62, 39 P. 1089 (1895).

This section concerned only with state money. That this article in defining and limiting the powers of the general assembly in the matter of appropriations, had in contemplation the disbursement of state funds only, and their disposition by the state in its corporate capacity, is apparent from an examination of other provisions herein contained, which relate to the subject of revenue. They are concerned strictly with state matters, and the payment of money out of the state treasury. The manner prescribed by section 32 of this article in which appropriations must be made in itself precludes the idea that the appropriation of other than state money was contemplated by the framers of the constitution. In re House, 23 Colo. 87, 46 P. 117 (1896).

And aid extended to institutions only if under absolute control of state. The state cannot, in its sovereign capacity, extend aid for charitable, industrial, educational or benevolent purposes to any person, corporation or community, unless such person, corporation or community is under the absolute control of the state. Hence the appropriation attempted to be authorized by a bill for the agricultural development and relief of settlers in certain counties is forbidden by this section. In re Relief Bills, 21 Colo. 62, 39 P. 1089 (1895).