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§ 6. State debts; annual tax; proceeds. For the purpose of defraying extraordinary expenses and making public improvements, the State may contract public debts; but such debts shall never, in the aggregate, exceed one million dollars, except as hereinafter provided. Every such debt shall be authorized by law for some purpose specified therein, and the vote of a majority of all the members elected to each House, to be taken by the yeas and nays, shall be necessary to the passage of such law; and every such law shall provide for levying an annual tax sufficient to pay the annual interest of such debt, and the principal thereof, when it shall become due; and shall specifically appropriate the proceeds of such taxes to the payment of such principal and interest; and such appropriation shall not be repealed nor the taxes postponed or diminished, until the interest and principal of such debt shall have been wholly paid.

History: Originally adopted by convention as § 5, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 62; renumbered as § 6, L. 1931, ch. 300, § 2; November 8, 1932.

Revisor's Note:

This section was originally § 5 and is renumbered § 6 by authority of L. 1931, ch. 300, § 2.

Attorney General's Opinions:

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

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.

Agricultural hall of fame; state aid; internal improvements. 83-95.

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

Finance and taxation; internal improvements; development of water resources. 84-102.

Revenue bonds issued for state board of regents capital improvement project, creation of debt under article 11, section 6 of Kansas Constitution. 96-15.

CASE ANNOTATIONS

1. Legislative and current expenses are not "extraordinary expenses"; bond issue, bought by school funds, is "creation of debt." The State, ex rel., v. School Fund, 4 Kan. 261, 270.

2. Act authorizing investmemt of sinking fund in warrants for current expenses void. Graham, State Treasurer, v. Horton, 6 Kan. 343, 353, 354.

3. Section construed with other sections limiting and regulating state indebtedness. Hicks v. Davis, 97 Kan. 312, 315, 154 P. 1030.

4. State has power to contract debt to pay soldiers' compensation. The State, ex rel., v. Davis, 113 Kan. 4, 6, 213 P. 171.

5. Soldiers' bonus bill does not contravene section. State, ex rel., v. Davis, 113 Kan. 584, 217 P. 903.

6. Additional bonds may be issued without vote to cover soldiers' compensation. State, ex rel., v. Davis, 114 Kan. 270, 283, 217 P. 905, 915.

7. State highway act for federal loan held not to violate section. State, ex rel., v. State Highway Comm., 138 Kan. 913, 917, 918, 919, 921, 28 P.2d 770.

8. State fish and game act for federal loan contravenes section. State, ex rel., v. Atherton, 139 Kan. 197, 202, 203, 212, 30 P.2d 291.

9. State act for federal loan for state highways is constitutional. State, ex rel., v. State Highway Comm., 139 Kan. 391, 392, 395, 32 P.2d 493.

10. State may issue tax anticipation warrants payable solely from excise tax. State, ex rel., v. State Commission of Revenue and Taxation, 163 Kan. 240, 246, 250, 181 P.2d 532.

11. Applies only to debts payable by general property tax; revenue bonds for dormitories at state school; no state debt created; student dormitory is "public improvement"; "public improvements" and "internal improvements" distinguished. State, ex rel., v. Board of Regents, 167 Kan. 587, 207 P.2d 373.

12. Kansas armory rental revenue bond statute (K.S.A. 48-315 through 48-321) is constitutional; "debts" defined. State, ex rel., v. Kansas Armory Board, 174 Kan. 369, 370, 373, 377, 379, 380, 256 P.2d 143.

13. 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, 690, 273 P.2d 198.

14. Veterans' pension law was enacted by the people of the state acting in their sovereign capacity; if uncertain, it can be made definite by subsequent legislation. Richardson v. Soldiers' Compensation Board, 150 Kan. 343, 346, 92 P.2d 114.