Florida State Board of Administration, Amendment 1 (1942)

From Ballotpedia
Jump to: navigation, search
Voting on
Administration of Government
Administration of government.jpg
Ballot Measures
By state
By year
Not on ballot
Florida Constitution
750px-Flag of Florida.svg.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXII

The Florida State Board of Administration Amendment, also known as Amendment 1, was a legislatively-referred constitutional amendment in Florida which was approved by voters in the general election on November 3, 1942.

This amendment modified Article IX, Section 16, of the Florida Constitution to create a State Board of Administration with powers relating to bonding.[1]

Election results

Florida Amendment 1 (1942)
ResultVotesPercentage
Approveda Yes 80,208 84.85%
No14,32215.15%

Election results via: Report of the Secretary of State of the State of Florida (1941-1942)

Text of measure

The language that appeared on the ballot:

Question 1

Constitutional Amendment

Article IX

To amend Article IX of the Florida Constitution by adding a section to be Section 16 creating a State Board of Administration, providing that for fifty years 2¢ per gall tax on gasoline and fuels used to propel water vehicles shall be set aside for payment of outstanding county or road and bridge district bonds or other forms of indebtedness issued prior to July 1, 1931, and for public highway purposes, vesting in said Board the statutory powers of Boards of County Commissioner and Bond Trustees with regard to such bonds (except the power to levy ad valorem taxes, which is specifically withheld). Such tax on gasoline and motor fuels to be distributed on a three way basis area, population and county contribution in State road construction is the ratio of distribution as provided in Chapter 15639, Acts of 1931. Also authorizing the Board of Administration to issue refunding bonds maturing within said fifty year period. And gasoline or fuel tax anticipation certificates bearing interest at not more than 3% per annum. And authorizing any surplus, after meeting debt requirements, to be divided 80% to State Road Department and 20% to County Commissioners for road purposes. Authorizing said Board to invest and re-invest funds of any county in the bonds of another county at 3% interest. And providing for Payment of expenses of the Board of Administration. And providing that said board shall have the power to make and enforce all rules and regulation necessary to the full exercise of the powers conferred upon it by the amendment.[2][3]

Constitutional changes

Section 16. (a) That beginning January 1, 1943, and for fifty (50) years thereafter, the proceeds of two (2) cents per gallon of the total tax levied by State law upon gasoline and other like products of petroleum, now known as the Second Gas Tax, and upon other fuels used to propel motor vehicles, shall as collected be placed monthly in the "State Roads Distribution Fund" in the State Treasury and divided into three (3) equal parts which shall be distributed monthly among the several counties as follows: one part according to area, one part according to population, and one part according to the counties' contributions to the cost of State road construction in the ratio of distribution as provided in Chapter 15659, Laws of Florida, Acts of 1931, and for the purposes of the apportionment based on the counties' contributions for the cost of State road construction, the amount of the contributions established by the certificates made in 1931 pursuant to said Chapter 15659, shall be taken and deemed conclusive in computing the monthly amounts distributable according to said contributions. Such funds so distributed shall be administered by the State Board of Administration as hereinafter provided.

(b) The Governor as chairman, the State Treasurer, and the State Comptroller shall constitute a body corporate to be known as the "State Board of Administration," which Board shall succeed to all the power, control and authority of the statutory Board of Administration. Said Board shall have, in addition to such powers as may be conferred upon it by law, the management, control and supervision of the proceeds of said two (2) cents of said taxes and all monies and other assets which on the effective date of this amendment are applicable or may become applicable to the bonds of the several counties of this State, or any special road and bridge district, or other special taxing district thereof, issued prior to July 1, 1931, for road and bridge purposes. The word "bonds" as used herein shall include bonds, time warrants, notes and other forms of indebtedness issued for road and bridge purposes by any county or special road and bridge district or other special taxing district, outstanding on July 1, 1931, or any refunding issues thereof. Said Board shall have the statutory powers of Boards of County Commissioners and Bond Trustees and of any other Authority of special road and bridge districts, and other special taxing districts thereof with regard to said bonds, (except that the power to levy ad valorem taxes is expressly withheld from said Board) and shall take over all papers, documents and records concerning the same. Said Board shall have the power from time to time to issue refunding bonds to mature within the said fifty (50) year period, for any of said outstanding bonds or interest thereon, and to secure them by a pledge of anticipated receipts from such gasoline or other fuel taxes to be distributed to such county as herein provided, but not at a greater rate of interest than said bonds now bear; and to issue, sell or exchange on behalf of any county or unit for the sole purpose of retiring said bonds issued by such county, or special road and bridge district, or other special taxing district thereof, gasoline or other fuel tax anticipation certificates bearing interest at not more than three (3) per cent per annum in such denominations and maturing at such time within the fifty (50) year period as the Board may determine. In addition to exercising the powers now provided by statute for the investment of sinking funds, said Board may use the sinking funds created for said bonds of any county or special road and bridge district, or other unit hereunder, to purchase the matured or maturing bonds participating herein of any other county or any other special road and bridge district, or other special taxing district thereof, provided that as to said matured bonds, the value thereof as an investment shall be the price paid therefor, which shall not exceed the par value plus accrued interest, and that said investment shall bear interest at the rate of three (3) per cent per annum.

(c) The said Board shall annually use said funds in each county account, first, to pay current principal and interest maturing, if any, of said bonds and gasoline or other fuel tax anticipation certificates of such county or special road and bridge district, or other special taxing district thereof; second, to establish a sinking fund account to meet future requirements of said bonds and gasoline or other fuel tax anticipation certificates where it appears the anticipated income for any year or years will not equal scheduled payments thereon; and third, any remaining balance out of the proceeds of said two (2) cents of said taxes shall monthly during the year be remitted by said Board as follows: Eighty per cent (80%) to the State Road Department for the construction or reconstruction of State Roads and bridges within the county, or for the lease or purchase of bridges connecting State highways within the County, and twenty per cent (20%) to the Board of County Commissioners of such county for use on roads and bridges therein.

(d) Said Board shall have the power to make and enforce all rules and regulations necessary to the full exercise of the powers hereby granted and no legislation shall be required to render this amendment of full force and operating effect from and after January 1, 1943. The Legislature shall continue the levies of said taxes during the life of this Amendment, and shall not enact any law having the effect of withdrawing the proceeds of said two (2) cents of said taxes from the operation of this amendment. The Board shall pay refunding expenses and other expenses for services rendered specifically for, or which are properly chargeable to, the account of any county from funds distributed to such county; but general expenses of the Board for services rendered all the counties alike shall be prorated among them and paid out of said funds on the same basis said tax proceeds are distributed among the several counties; provided, report of said expenses shall be made to each Regular Session of the Legislature, and the Legislature may limit the expenses of the Board.[1]

Path to the ballot

  • The amendment was placed on the ballot as Senate Joint Resolution 324 of 1941.
  • The amendment was approved by the Governor on May 13, 1941.
  • The amendment was filed in Office Secretary of State on May 13, 1941.[1]

See also

BP-Initials-UPDATED.png
Suggest a link

External links

References

  1. 1.0 1.1 1.2 Florida Constitution Revision Commission, "Amendments, Election of 11-3-42"
  2. The Miami News, "Sample Ballot," November 1, 1942
  3. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.