APPROPRIATIONS FOR PRIVATE PURPOSES PROHIBITED


Section 4.  No tax shall be levied or appropriation of public money or property made, nor shall the public credit be used, directly or indirectly, except for a public purpose.  No grant shall be made in violation of Section 4 of Article I of this constitution.  No grant of public money or property shall be made except pursuant to standards provided by law. [Ren Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978]


Attorney General Opinions


  State's appropriation to eleemosynary hospital considered for public purpose.  Att. Gen. Op. 64-51.

  Lease-back arrangement for financing state capitol in which title to state land is conveyed to a public building authority for nominal consideration is not a pledge of state's credit nor a prohibitive appropriation of public property.  Att. Gen. Op. 65-4.

  Subcontracting by the HVB of a part of its work under a contract with the department of planning and economic development to the Maui County Visitors Association, a private nonprofit agency, was not in violation of this section.  Att. Gen. Op. 81-5.

  Use of public funds to obtain permanent/immigrant status for noncitizen employees, not a "public purpose".  Att. Gen. Op. 84-12.


Case Notes


  It is generally for legislature to decide what is a "public purpose", and courts should not void the determination unless manifestly wrong.  56 H. 566, 545 P.2d 1175.










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