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.



Previous Vol01_Ch0001-0042F Next