ASSISTING PRIVATE ENTERPRISE: STATE CONSTITUTIONAL ISSUES. A RAIL PROGRAM CASE STUDY

This report examines the conflict between state constitutional law and the eligible option open to state governments under the FRA Rail Service Assistance Program of the 4R Act. The complexity of the problem is examined and alternative strategies a state may consider to be eligible to participate are outlined. Chapter 2 discusses the nature of the four types of state constitutional prohibitions: (1) loan of credit; (2) stock shareholding; (3) loans, gifts and donation of funds; (4) assumption of debt. Chapter 3 relates actions and alternatives states have used in the past with similar participatory funding, planning and program requirements. The alternatives used have been constitutional amendments; court decisions, attorney generals' opinions, service contracts, special authorities, in-kind benefits and shipper options.

  • Corporate Authors:

    Council of State Governments

    Iron Works Pike
    Lexington, KY  United States  40505

    Economic Development Administration

    Office of Technical Assistance
    Washington, DC  United States  20230
  • Authors:
    • Runke, J F
    • Kannensohn, M H
  • Publication Date: 1977-4

Media Info

  • Pagination: 62 p.

Subject/Index Terms

Filing Info

  • Accession Number: 00188071
  • Record Type: Publication
  • Source Agency: Council of State Governments
  • Contract Numbers: 99-6-09586
  • Files: TRIS
  • Created Date: Feb 3 1979 12:00AM