Section III Section 38(a)

Constitution

Effective - 27 Feb 1945, see footnote   

  III Section 38(a).  Limitation on use of state funds and credit — exceptions — public calamity — blind pensions — old age assistance — aid to children — direct relief — adjusted compensation for veterans — rehabilitation — participation in federal aid. — The general assembly shall have no power to grant public money or property, or lend or authorize the lending of public credit, to any private person, association or corporation, excepting aid in public calamity, and general laws providing for pensions for the blind, for old age assistance, for aid to dependent or crippled children or the blind, for direct relief, for adjusted compensation, bonus or rehabilitation for discharged members of the armed services of the United States who were bona fide residents of this state during their service, and for the rehabilitation of other persons.  Money or property may also be received from the United States and be redistributed together with public money of this state for any public purpose designated by the United States.

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Source: Const. of 1875, Art. IV, §§ 45, 46, 47 (as amended in 1916, 1920, 1932, 1936, and 1938).

(1962) Highway commission had authority to condemn easement to provide a substitute location for pipelines which was necessary for interstate highway construction as the taking was for public purpose and was not in violation of Article III, Sec. 38(a) since state received compensation in surrender of existing right-of-way. State ex rel. State Highway Commission v. Eakin (Mo.), 357 S.W.2d 129.

(1974) The requirement in Sec. 552.080, RSMo, that the state pay the costs of medical care of person committed to state hospital after being acquitted of a crime by reason of mental disease does not violate this section since commitment is not voluntary. Robb v. Estate of Brown (A.), 518 S.W.2d 729.

(1987) This section forbids the issuance of revenue bonds which provide a tax credit upon default. Curchin v. Missouri Industrial Development Board, 722 S.W.2d 930 (Mo. banc 1987).