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§ 24. Appropriations. No money shall be drawn from the treasury except in pursuance of a specific appropriation made by law.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 54; L. 1876, ch. 129, § 1; L. 1974, ch. 458, § 1; November 5, 1974.

Law Review and Bar Journal References:

Special Committee on Judiciary Prepares for 2006 Legislative Session, James W. Clark, 74 J.K.B.A. No. 10, 22 (2005).

Gunfight at the K-12 Corral: Legislative vs. Judicial Power in the Kansas School Finance Litigation, Richard E. Levy, 54 K.L.R. 1021 (2006).

Attorney General's Opinions:

State historical society; national historic preservation act of 1966; internal improvements. 79-27.

State departments; public officers, employees; surety bonds and insurance; health care provider insurance. 79-107.

State historical society; powers as private, nonprofit corporation. 79-202.

Public officers and employees; state moneys; powers and duties of pooled money investment board. 80-18.

Department of administration; exercise of state's right of set-off by director of accounts and reports. 80-244.

State historical society; sales of extra copies of state publications. 81-62.

Statutes; appropriation acts; line item veto. 81-82.

State departments; public officers, employees; department of administration; application of allotment system. 82-160.

State water plan; agreement with federal government for water storage; payment dependent on appropriations. 83-21.

State park and resources authority; contracts with federal government. 83-51.

Finance and taxation; internal improvements; public improvements; debts. 84-13.

Crime victims reparations board; reparations and funding limitations. 88-10.

Presidential preference primary election; payment of election expenses. 92-25.

Omnibus appropriation act; sentencing guidelines act; unconstitutional delegation of authority. 93-114.

Costs of election contests; waiver; payment by state. 95-66.

Use of tax revenues to pay bond debt service by Kansas Development Finance Authority. 2001-12.

Kansas Supreme Court has inherent authority to impose surcharge on certain court costs and fees. 2002-17.

CASE ANNOTATIONS

1. Money drawn only in pursuance of act passed within year. Martin v. Francis, 13 Kan. 220, 228.

2. Appropriation of all proceeds of certain levies held valid appropriation. Evans v. McCarthy, 42 Kan. 426, 429, 22 P. 631.

3. Money drawn from treasury only in pursuance of specific appropriation. Henderson v. Hovey, 46 Kan. 691, 692, 27 P. 177.

4. No money (interest) drawn, except specific appropriation within two years. The State, ex rel., v. Stover, 47 Kan. 119, 124, 27 P. 850.

5. Specific appropriation cannot be attacked by mere volunteer. Cole v. National Bank, 56 Kan. 571, 575, 44 P. 8.

6. Appropriations for expenses of grain inspector, valid. Hicks v. Davis, 97 Kan. 312, 315, 154 P. 1030.

7. When house concurrent resolution may become a law. The State, ex rel., v. Knapp, 102 Kan. 701, 703, 171 P. 639.

8. Section considered in determining disposition to be made of fund from the sale of sand. State, ex rel., v. Thompson, Treasurer, 115 Kan. 457, 223 P. 258.

9. Cited in setting out authority of school book commission to secure texts. State, ex rel., v. Allen, 133 Kan. 376, 383, 299 P. 630.

10. Inapplicable to fund illegally collected and held apart from general revenue. Kittredge v. Boyd, 136 Kan. 691, 701, 18 P.2d 563. Rehearing denied: 137 Kan. 241, 20 P.2d 811.

11. Act providing for federal loan for highways does not violate section. State, ex rel., v. State Highway Comm., 138 Kan. 913, 915, 28 P.2d 770.

12. Cited in holding state fish and game, federal loan, act unconstitutional. State, ex rel., v. Atherton, 139 Kan. 197, 203, 30 P.2d 291.

13. Section held inapplicable to funds not required to be placed in treasury. State, ex rel., v. State Highway Comm., 139 Kan. 391, 394, 32 P.2d 493.

14. Section held inapplicable to protested inheritance tax funds. Boston Safe Deposit and Trust Co. v. Boyd, 139 Kan. 411, 413, 32 P.2d 218.

15. Revenue bond act for state school dormitories; section inapplicable. State, ex rel., v. Board of Regents, 167 Kan. 587, 593, 207 P.2d 373.

16. Expenditure cannot be legally made from appropriation after its expiration date. Hyre v. Sullivan, 171 Kan. 309, 311, 232 P.2d 474.

17. Kansas armory rental revenue bond act (K.S.A. 48-315 through 48-321) is constitutional. State, ex rel., v. Kansas Armory Board, 174 Kan. 369, 371, 373, 380, 256 P.2d 143.

18. Kansas Turnpike Authority Act (K.S.A. 68-2001 through 68-2020) does not contravene section. State, ex rel., v. Kansas Turnpike Authority, 176 Kan. 683, 696, 273 P.2d 198.

19. Section was modeled after identical section in Ohio constitution; "specific appropriation" defined; appropriation of state emergency fund valid. State, ex rel., v. Fadely, 180 Kan. 652, 658, 659, 660, 661, 663, 678, 308 P.2d 537.

20. In absence of constitutional or statutory requirement, treasurer cannot refund taxes; this section insurmountable. Panhandle Eastern Pipe Line Co. v. Fadely, 189 Kan. 283, 286, 369 P.2d 356.

21. Section not repealed by implication by Section 6 of Article 1, which authorizes governor to issue reorganization orders. Van Sickle v. Shanahan, 212 Kan. 426, 452, 511 P.2d 223.

22. Mandamus cannot be used to compel unconstitutional refund of illegal assessment. Wheat v. Finney, 230 Kan. 217, 222, 630 P.2d 1160 (1981).

23. Cited; nonappropriation provision in appropriation bill not subject to line item veto; unconstitutional as two subjects in bill. State ex rel. Stephan v. Carlin, 230 Kan. 252, 256, 631 P.2d 668 (1981).