Colo. Const. art. V § 33 Disbursement of Public Money

• Library: Colorado Constitution
• Edition: prefLabel,label,title,shortLabel
• Currency: Current through 11/8/2022 Election
• Citation: Colo. Const. art. V § 33

No moneys in the state treasury shall be disbursed therefrom by the treasurer except upon appropriations made by law, or otherwise authorized by law, and any amount disbursed shall be substantiated by vouchers signed and approved in the manner prescribed by law.

Cite as Colo. Const. art. V § 33

Source:

Entire article added, effective August 1, 1876, see L. 1877, p. 42. L. 74: Entire section R&RE, p. 450, effective January 1, 1975.

Editor's Note:

The Governor's proclamation date in 1974 was December 20, 1974.

ANNOTATION

The object of this provision is to prohibit the expenditure of public funds at the mere will or caprice of the crown or those having the funds in custody, without direct legislative sanction. People ex rel. Hegwer v. Goodykoontz, 22 Colo. 507, 45 P. 414 (1896).

Purpose of this section is protection of public funds. This section is to prevent the extravagant and improvident payment of moneys belonging to the state and to furnish a ready check on the state treasurer. Inst. for Educ. of Mute & Blind v. Henderson, 18 Colo. 98, 31 P. 714 (1892).

Payment other than by appropriation and warrant void. Under this section, a statute providing for the payment of money out of the state treasury other than by appropriation and warrant is void, and the inhibition applies as well to statutes providing for the disposition and disbursement of state funds before they are covered into the treasury. Inst. for Educ. of Mute & Blind v. Henderson, 18 Colo. 98, 31 P. 714 (1892).

No duty devolves on auditor to issue warrant until appropriation made. No matter how just or equitable a claim against the state may be, no duty devolves upon the auditor to issue his warrant for the payment thereof, until an appropriation be made by law for that purpose. Collier & Cleveland Lithographing Co. v. Henderson, 18 Colo. 259, 32 P. 417 (1893).

Standing to sue for violation of section. Where the complaint alleged that the plaintiffs were taxpayers and citizens of the state of Colorado, that public funds were being used to finance nontherapeutic abortions, and that such expenditures were in contravention of this section, plaintiffs had standing to sue. Dodge v. Dept. of Soc. Servs., 198 Colo. 379, 600 P.2d 70 (1979).