Florida Constitutional Amendments of 1964

Amendments, Election of 11-3-64:

1963 HJR 5-X (Article VII, Sections 1 - 5) {Defeated}

1963 SJR 218 (Article XII, Section 18) {Adopted}

1963 SJR 267 (Article XVI, Section 7) {Adopted}

1963 SJR 268 (Article XVI, Section 1A) {Adopted}

1963 SJR 1083 (Article XVI, Section 4F*) {Adopted}

1963 HJR 59 (Article V, Section 6) {Adopted}

1963 CS/HJR 323 (Article XII, Section 5) {Defeated}

1963 HJR 368 (Article XVII, Section 4) {Adopted}

1963 HJR 869 (Article IV, Section 26) {Adopted}

1963 HJR 921 (Article IX, Section 16) {Defeated}

1963 HJR 1030 (Article X, Section 7) {Adopted}

1963 HJR 1045 (Article XII, Section 2C*) {Adopted}

1963 HJR 2194 (Article XII, Section 2D*) {Adopted}

*For a number of years, some of the section numbers assigned by the Legislature were erroneous; then for several more years, the Legislature omitted the section number from some proposed amendments with the instruction: "to be assigned by the Secretary of State upon ratification."

Related Materials:

Supreme Court Opinion (167 So.2d 575)

{Retaining 1963 HJR 5-X on Ballot}

"Legislative Power to Revise Constitution, Reorganization of Board of Control, and Other Constitutional Amendments of 1964," by Manning J. Dauer & Gladys M. Kammerer.

Civic Information Series No. 43, Public Administration Clearing Service,

University of Florida. 1964.

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HOUSE JOINT RESOLUTION NO. 5-X

A JOINT RESOLUTION proposing an amendment of Article VII of the Constitution of the State of Florida; providing for apportionment of the Florida Legislature; providing for submission to the electors.

Be it Resolved by the Legislature of the State of Florida:

That the following amendment of Article VII of the Constitution of Florida is agreed to and shall be submitted to the electors of this state for ratification or rejection, at the general election of 1964:

ARTICLE VII

APPORTIONMENT AND CENSUS

Section 1. Composition of the Legislature. The legislature of the State of Florida shall consist of a senate and a house of representatives. Members of the senate shall be elected for a term of four (4) years and members of the house shall be elected for a term of two (2) years. The term of members of the legislature shall expire on the first Tuesday after the first Monday in November in each regular election year. Members of the senate and house of representatives shall be elected as provided by law. Any new county that may be created shall be entitled to one (1) member in the house of representatives in excess of any limit prescribed in the following sections of this article until the next reapportionment and the county shall be assigned when created to a senatorial district as determined by the legislature.

Section 2. Senate Apportionment. The legislature shall divide the state into forty-two (42) senatorial districts with only one (1) senator elected in each district; except there shall be two (2) senators elected from the most populous county, the additional senator being assigned the number forty-three (43). The forty-two (42) districts shall be apportioned among the several counties of the state so as to provide equitable representation based upon similar economic interests, geographic area and population. Every district shall consist of contiguous counties, and no county may be divided in creating a senatorial district except Dade County.

Section 3. Representation in the House of Representatives. Representation in the house of representatives shall consist of one hundred twelve (112) representatives which shall be apportioned among the counties by the method of equal proportions; that is, each county shall have one representative and the remaining representatives shall be assigned to the counties in proportion to population. The populations of the respective counties for the purposes of this section shall be confined to citizens of the United States and shall not include foreign born persons who have not become naturalized.

Section 4. The legislature shall reapportion the representation of the house and senate at the 1971 regular session of the legislature and every ten (10) years thereafter based upon the preceding latest federal decennial census.

Section 5. If any part of this joint resolution is declared unconstitutional or null and void then the entire resolution shall be null, void and inoperative.

Filed in Office Secretary of State February 4, 1963.

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SENATE JOINT RESOLUTION NO. 218

A JOINT RESOLUTION proposing an amendment to subsections (a) and (b) of Section 18, Article XII of the Constitution of Florida relating to the use of part of the revenue derived from the licensing of motor vehicles for capital outlay and debt service and other school purposes.

Be it Resolved by the Legislature of the State of Florida:

That the following amendment to subsections (a) and (b) of Section 18, Article XII of the Constitution of Florida is hereby agreed to and shall be submitted to the electors of the state for ratification or rejection at the next general election to be held in November, 1964:

Section 18. School Bonds for Capital Outlay; Insurance.

(a) Beginning January 1, 1965, and for thirty-five (35) years thereafter, the first proceeds of the revenues derived from the licensing of motor vehicles to the extent necessary to comply with the provisions of this amendment, shall, as collected, be placed monthly in the county capital outlay and debt service school fund in the state treasury, and used only as provided in this amendment. Such revenue shall be distributed annually among the several counties in the ratio of the number of instruction units in each county in each year computed as provided herein. The amount of the first revenues derived from the licensing of motor vehicles to be so set aside in each year and distributed as provided herein shall be an amount equal in the aggregate to the product of four hundred dollars ($400.00) multiplied by the total number of instruction units in all the counties of Florida. The number of instruction units in each county in each year for the purposes of this amendment shall be the greater of (1) the number of instruction units in each county for the school fiscal year 1951-52 computed in the manner heretofore provided by general law, or (2) the number of instruction units in such county for the school fiscal year computed in the manner heretofore or hereafter provided by general law and approved by the state board of education (hereinafter called the state board), or (3) the number of instruction units in each county on behalf of which the state board of education has issued bonds or motor vehicle tax anticipation certificates under this amendment which will produce sufficient revenues under this amendment to equal one and one-third (1 1/3) times the aggregate amount of principal and interest on such bonds or motor vehicle tax anticipation certificates which will mature and become due in such year, computed in the manner heretofore or hereafter provided by general law and approved by the state board.

Such funds so distributed shall be administered by the state board as now created and constituted by Section 3 of Article XII of the Constitution of Florida. For the purposes of this amendment, said state board, as now constituted, shall continue as a body corporate during the life of this amendment and shall have all the powers provided in this amendment in addition to all other constitutional and statutory powers related to the purposes of this amendment heretofore or hereafter conferred upon said board.

(b) The state board shall, in addition to its other constitutional and statutory powers, have the management, control and supervision of the proceeds of the first part of the revenues derived from the licensing of motor vehicles provided for in subsection (a). The state board shall also have power, for the purpose of obtaining funds for the use of any county board of public instruction in acquiring, building, constructing, altering, improving, enlarging, furnishing, or equipping capital outlay projects for school purposes, to issue bonds or motor vehicle tax anticipation certificates, and also to issue such bonds or motor vehicle tax anticipation certificates to pay, fund or refund any bonds or motor vehicle tax anticipation certificates theretofore issued by said state board. All such bonds shall bear interest at not exceeding four and one-half (4 ½) per centum per annum and shall mature serially in annual installments commencing not more than three (3) years from the date of issuance thereof and ending not later than thirty (30) years from the date of issuance, or January 1, 2000, A. D., whichever is earlier. All such motor vehicle tax anticipation certificates shall bear interest at not exceeding four and one-half (4 ½) per centum per annum and shall mature prior to January 1, 2000, A. D. The state board shall have power to determine all other details of said bonds or motor vehicle tax anticipation certificates and to sell at public sale after public advertisement, or exchange said bonds or motor vehicle tax anticipation certificates, upon such terms and conditions as the state board shall provide.

The state board shall also have power to pledge for the payment of the principal of and interest on such bonds or motor vehicle tax anticipation certificates, including refunding bonds or refunding motor vehicle tax anticipation certificates, all or any part from the anticipated revenues to be derived from the licensing of motor vehicles provided for in this amendment and to enter into any covenants and other agreements with the holders of such bonds or motor vehicle tax anticipation certificates at the time of the issuance thereof concerning the security thereof and the rights of the holders thereof, all of which covenants and agreements shall constitute legally binding and irrevocable contracts with such holders and shall be fully enforceable by such holders in any court of competent jurisdiction.

No such bonds or motor vehicle tax anticipation certificates shall ever be issued by the state board until after the adoption of a resolution requesting the issuance thereof by the county board of public instruction of the county on behalf of which such obligations are to be issued. The state board of education shall limit the amount of such bonds or motor vehicle tax anticipation certificates which can be issued on behalf of any county to seventy-five per cent (75%) of the amount which it determines can be serviced by the revenue accruing to the county under the provisions of this amendment, and such determination shall be conclusive. All such bonds or motor vehicle tax anticipation certificates shall be issued in the name of the state board of education but shall be issued for and on behalf of the county board of public instruction requesting the issuance thereof, and no election or approval of qualified electors or freeholders shall be required for the issuance thereof.

Filed in Office Secretary of State May 9, 1963.

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SENATE JOINT RESOLUTION NO. 267

A JOINT RESOLUTION proposing an amendment to Article XVI, Section 7 of the State Constitution relative to the length of terms of officers.

Be it Resolved by the Legislature of the State of Florida:

That Article XVI, Section 7 of the Florida constitution be amended as set forth below and that said resolution be submitted to the electors of Florida for ratification or rejection at the general election to be held in November, 1964:

Section 7. Terms of Offices Created by Legislature. The legislature shall not create any office, the term of which shall be longer than four (4) years, except membership on the board charged with responsibility for colleges and universities (not including junior colleges) which terms may be extended by the legislature to not more than nine (9) years.

Filed in Office Secretary of State May 31, 1963.

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SENATE JOINT RESOLUTION NO. 268

A JOINT RESOLUTION proposing an amendment to Article XVI, of the Florida Constitution, relating to the location of the Seat of Government; adding Section 1A, providing for means to insure continuity of State and Local Governmental operations in periods of emergency resulting from disasters caused by enemy attack.

Be it Resolved by the Legislature of the State of Florida:

That the following amendment of Article XVI, of the Florida Constitution by adding Section 1A is agreed to and shall be submitted to the electors of the state for ratification or rejection at the general election held in November, 1964:

Section 1A. Continuity of Government. The legislature, in order to insure continuity of state and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and (2) to adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations. In the exercise of the powers hereby conferred the legislature shall in all respects conform to the requirements of this Constitution except to the extent that in the judgment of the legislature so to do would be impracticable or would admit of undue delay.

Filed in Office Secretary of State May 29, 1963.

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SENATE JOINT RESOLUTION NO. 1083

A JOINT RESOLUTION proposing an amendment to Article XVI of the Constitution of Florida by adding a section to be numbered by the secretary of state authorizing civil trials in branch courthouses in Dade county.

Be it Resolved by the Legislature of the State of Florida:

That an amendment to Article XVI of the Florida constitution by adding the section set forth below to be numbered by the secretary of state is agreed to, and that said amendment shall be submitted to the electors of Florida for ratification or rejection at the general election to be held in November, 1964:

Section __. Civil Trials in Branch Courthouses in Dade County. Civil trials may be held as provided by law in branch courthouses in any municipality within Dade county. The clerk of any court, the sheriff, and any other court officer, within said county, shall maintain such offices within such municipality, and have available such official books and records therein, as may be necessary to accomplish the purposes of this amendment, provided that the principal offices of such clerks or other officers shall not be removed from the county seat.

Filed in Office Secretary of State June 17, 1963.

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HOUSE JOINT RESOLUTION NO. 59

A JOINT RESOLUTION relating to the judicial department; proposing an amendment to subsection (1), Section 6, Article V of the Florida Constitution; increasing the number of judicial circuits; preserving certain judgeships.

Be it Resolved by the Legislature of the State of Florida:

That the following amendment of subsection (1), Section 6, of Article V of the Constitution of Florida is agreed to and shall be submitted to the electors of this state for ratification or rejection at the general election to be held in November, 1964:

Section 6. Circuit Courts.

(1) Judicial Circuits. The legislature may establish not more than twenty (20) judicial circuits, each composed of a county or contiguous counties and of not less than fifty thousand (50,000) inhabitants, according to the last census authorized by law, except that the county of Monroe shall constitute one of the circuits; provided, however, there shall be no reduction in the number of circuit judges residing in any county formerly a part of a judicial circuit, which circuit is hereafter created, divided, changed or revised.

Filed in Office Secretary of State June 18, 1963.

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COMMITTEE SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 323

A JOINT RESOLUTION proposing an amendment to Article XII, Section 5 of the State Constitution; authorizing principal of state school funds to be expended for capital outlay on behalf of state institutions of higher learning, including junior colleges, and capital outlay for public schools.

Be it Resolved by the Legislature of the State of Florida:

That Article XII, Section 5 of the Florida constitution be amended as set forth below and that said amendment be submitted to the electors of Florida for ratification or rejection at the general election to be held in November, 1964:

Section 5. Principal of State School Fund to Remain Inviolate Exception. The principal of the state school fund shall remain sacred and inviolate except only that the principal of such fund may be expended for capital outlay on behalf of state institutions of higher learning, including junior colleges, and capital outlay for public schools.

Filed in Office Secretary of State May 31, 1963.

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HOUSE JOINT RESOLUTION NO. 368

A JOINT RESOLUTION proposing amendment to Article XVII of the Constitution of the state of Florida providing an additional method of revising or amending the Constitution.

Be it Resolved by the Legislature of the State of Florida:

That the amendment to Article XVII of the Constitution of Florida by adding thereto a section to be numbered Section 4, as set forth below is agreed to and shall be submitted to the electors of Florida for ratification or rejection at the general election to be held in November, 1964:

Section 4. Additional Method of Revising or Amending Constitution. As a method of revising the entire constitution of Florida, and as an additional method of revising or amending any portion or portions of it, either branch of the legislature, at any regular session, or at any special or extraordinary session called for the purpose, may propose by joint resolution a revision of the entire constitution or a revision or amendment of any portion or portions thereof and may direct and provide for an election thereon.

If the joint resolution is adopted by vote of three-fifths (3/5) of the members elected to each house, the yeas and nays shall be entered upon their respective journals, and the proposed revision or amendment shall be submitted to the electors of the state for ratification or rejection at the next general election held more than seventy (70) days after the adoption of the resolution unless, by vote of three-fourths (3/4) of the members elected to each house, the legislature shall provide for submission at a special election at an earlier date. The secretary of state shall cause notice of the proposed revision or amendment and of the date of the election thereon to be published twice in one newspaper in each county in which a newspaper is published, the first publication to be not more than ten (10) or less than eight (8) weeks before the election and the second publication to be at least one (1) week after the first and not less than four (4) weeks before the election. If the proposed revision or amendment receives the favorable vote of a majority of the electors voting thereon, it shall take effect at noon on the first Tuesday after the first Monday of the January following the election if voted upon in a general election, and on the sixtieth (60th) day after the election if voted upon in a special election, or in either case on any date designated therein.

Filed in Office Secretary of State May 23, 1963.

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HOUSE JOINT RESOLUTION NO. 869

A JOINT RESOLUTION proposing an amendment to Article IV, Section 26 of the Constitution of Florida relating to the duties of the commissioner of agriculture; eliminating his supervision over matters pertaining to public lands.

Be it Resolved by the Legislature of the State of Florida:

That the following amendment to Article IV, Section 26 of the Florida Constitution is agreed to and shall be submitted to the electors of the state for ratification or rejection at the general election held in November, 1964:

Section 26. Commissioner of Agriculture; Duties; Etc. The commissioner of agriculture shall perform such duties in relation to agriculture as may be prescribed by law. He shall also have supervision of the state prison, and shall perform such other duties as may be prescribed by law.

Filed in Office Secretary of State June 11, 1963.

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HOUSE JOINT RESOLUTION NO. 921

A JOINT RESOLUTION proposing an amendment to Article IX, Section 16, of the Constitution of the State of Florida relating to taxation and finance by extending the period of time covered by said Article IX, Section 16, until January 1, 2018.

Be it Resolved by the Legislature of the State of Florida:

That Article IX, Section 16, of the State Constitution be amended as follows, is hereby agreed to and shall be submitted to the electors of the State for ratification or rejection at the general election of November, 1964:

Section 16. Board of Administration; Gasoline and Like Taxes, Distribution and Use; Etc.

(a) That beginning January 1, 1943, and for seventy-five (75) 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 Road Distribution Trust 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 purpose 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 seventy-five (75) 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 per cent (3%) per annum in such denominations and maturing at such time within the seventy-five (75) 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 per cent (3%) 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, 1965. 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.

Filed in Office Secretary of State May 21, 1963.

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HOUSE JOINT RESOLUTION NO. 1030

A JOINT RESOLUTION proposing an amendment to Article X, Section 7 of the State Constitution relating to homestead exemption.

Be it Resolved by the Legislature of the State of Florida:

Section 1. That the amendment to Article X, Section 7 of the Florida Constitution as set forth below is agreed to and shall be submitted to the electors of Florida for ratification or rejection at the general election to be held in November, 1964:

ARTICLE X

Section 7. Exemption of Homestead from Taxation. Every person who has the legal title or beneficial title in equity to real property in this state and who resides thereon and in good faith makes the same his or her permanent home, or the permanent home of another or others legally or naturally dependent upon said person, shall be entitled to an exemption from all taxation, except for assessments for special benefits, up to the assessed valuation of five thousand dollars ($5,000.00) on said home and contiguous real property, as defined in Article X, Section 1, of the constitution, for the year 1939 and thereafter, provided that in Sarasota County the first two thousand dollars ($2,000.00) of the assessed valuation of such property shall be taxable for school purposes only and the exemption shall apply to the next five thousand dollars ($5,000.00) for school purposes only of assessed valuation. Said title may be held by the entireties, jointly, or in common with others, and said exemption may be apportioned among such of the owners as shall reside thereon, as their respective interests shall appear, but no such exemption of more than five thousand dollars ($5,000.00) shall be allowed to any one (1) person or on any one (1) dwelling house, nor shall the amount of the exemption allowed any person exceed the proportionate assessed valuation based on the interest owned by such person. The legislature may prescribe appropriate and reasonable laws regulating the manner of establishing the right to said exemption.

Section 2. This resolution shall become effective only upon its approval by a majority of the freeholders voting in a referendum election to be held in Sarasota county at the next special or regular primary election.

Section 3. Should this resolution be rejected by the freeholders in Sarasota county, then this resolution shall be null and void.

Filed in Office Secretary of State June 25, 1963.

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HOUSE JOINT RESOLUTION NO. 1045

A JOINT RESOLUTION proposing an amendment to Article XII of the State Constitution adding a Section to be numbered by the Secretary of State relating to the election or appointment of Superintendent of Public Instruction in Escambia, Lake, Martin, Okeechobee, Palm Beach, Putnam and Seminole Counties.

Be it Resolved by the Legislature of the State of Florida:

That Article XII of the Florida Constitution be amended as set forth below and that said resolution be submitted to the electors of Florida for ratification or rejection at the general election to be held in November, 1964:

Section __. County Superintendent of Public Instruction; Appointment in Certain Counties.

(1) The county superintendent of public instruction shall be appointed by the county board of public instruction in the counties of Escambia, Lake, Martin, Okeechobee, Palm Beach, Putnam and Seminole wherein the proposition is affirmed by a majority vote of the qualified electors of any such county making the office of county superintendent of public instruction appointive.

(2) The board of public instruction of the county must request an election, which may be a special election or may be on the ballot of any regular primary or general election to be designated by the board of public instruction, and upon such timely request the board of county commissioners of such county will call such special election or cause to be placed on the ballot at such other election the proposition whether subsection (1) shall be effective in such county.

(3) Any county adopting the provisions of subsection (1) hereof may after four years return to its former status and reject the provisions of this section by the same procedure outlined in subsection (2) hereof for adopting the provisions thereof in the beginning.

(4) In the event a referendum election results in a change in the method of selecting a county superintendent, the incumbent shall be permitted to serve the remainder of the term of office to which he was duly elected or appointed.

Filed in Office Secretary of State May 29, 1963.

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HOUSE JOINT RESOLUTION NO. 2194

A JOINT RESOLUTION proposing an amendment to Article XII of the State Constitution adding a Section to be numbered by the Secretary of State relating to the election or appointment of superintendent of public instruction in Taylor county.

Be it Resolved by the Legislature of the State of Florida:

That an amendment to Article XII of the Florida Constitution by adding the section set forth below to be numbered by the Secretary of State, is agreed to and that said amendment shall be submitted to the electors of Florida for ratification or rejection at the general election to be held in November, 1964:

Section __. County Superintendent of Public Instruction; Appointment in Certain Counties.

(1) The county superintendent of public instruction shall be appointed by the county board of public instruction in Taylor county, providing the proposition is affirmed by a majority vote of the qualified electors of Taylor county making the office of county superintendent of public instruction appointive.

(2) To submit the proposition contained in subsection (1) to the electors a special election shall be called by the county commissioners of Taylor county upon the request of the county board of public instruction, which election shall be held within sixty (60) days after the request and the result thereof shall determine whether subsection (1) shall be effective in said county.

(3) Should the county adopt the provisions of subsection (1) hereof it may, after four (4) years return to its former status and reject the provisions of this section by the same procedure outlined in subsection (2) hereof for adopting the provisions thereof in the beginning.

Filed in Office Secretary of State June 25, 1963.