Explanation of Amendment B
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Constitutional Amendment B proposes three changes to the Utah Constitution relating to the State School Fund: 1) It replaces the term "interest and dividends" with "earnings" to describe funds that can be distributed, allowing a wider range of investment returns to support schools. 2) It limits annual distributions to 4% of the Fund's average value over the past 12 quarters. 3) It replaces the requirement that the Fund be "safely" invested with "prudently" invested, aligning with standard investment terminology. The amendment aims to modernize provisions while maintaining the Fund's purpose of benefitting public education.
Explanation of Amendment B
- 1. Constitutional Amendment B modifies a provision of the Utah Constitution relating to the permanent State School Fund. The Amendment makes three main changes: 1.It changes the description of what can be distributed from the State School Fund from "interest and dividends" to "earnings”; 2. It limits the amount of money that can be distributed from the State School Fund to 4% of the Fund, calculated as provided by statute; and 3. It changes the standard for how the state is required to invest the State School Fund from "safely" to "prudently." The Amendment also makes technical changes that do not affect the substance of the current Utah Constitution. Background on the State School Fund The State School Fund is a fund that was established by the Utah Constitution at statehood. The purpose of the State School Fund is to accumulate money from specified sources to benefit public schools in the state. The Utah Constitution requires that the Fund be safely invested by the state. Expenditures from the Fund may only be for the purpose of supporting public schools. Originally, only "interest" derived from the investment of money in the Fund could be spent for the support of public schools. Later, that was changed to "interest and dividends." Other than those allowed expenditures, any money deposited into the Fund and any unspent interest and dividends are required to remain in the Fund. The current Utah Constitution does not limit how much of the "interest and dividends" may be spent for the support of public schools. Effect of Constitutional Amendment B 1. Change from "interest and dividends" to "earnings" The Utah Constitution currently provides that only "interest and dividends" received from investment of the State School Fund may be spent for the support of public schools. The language "interest and dividends" does not capture all the ways that the Fund could generate earnings. For example, "interest and dividends" does not include earnings that result from increases in the value of stock that the Fund purchases and later sells at a higher price. Under the current Utah Constitution, money earned from investment of the Fund that is not “interest and dividends” cannot be spent for the support of public schools. Constitutional Amendment B modifies the description of what can be distributed from the State School Fund. The Amendment replaces "interest and dividends" with "earnings." The term "earnings" includes interest and dividends but also includes other ways the Fund earns money on the investment of money in the State School Fund. This change means that all money earned from the investment of money in the Fund – not just money earned as interest or dividends – will be available to be distributed for the support of
- 2. public schools. 2. Limit on distributions from the State School Fund The Utah Constitution currently does not contain a limit on the amount of "interest and dividends" that may be expended for the support of public schools. Under the current Utah Constitution, all interest and dividends earned in any given year could be spent for the support of public schools. Constitutional Amendment B provides that annual distributions from the State School Fund may not exceed 4% of the Fund. What constitutes 4% of the Fund is to be calculated as provided by statute. That statutory calculation is provided in S.B. 109, School and Institutional Trust Lands Amendments, which passed during the 2016 General Session of the Legislature and takes effect at the same time as Constitutional Amendment B if the Amendment is approved by voters. S.B. 109 defines the limit on distribution from the State School Fund as 4% of the average market value of the Fund over the past 12 consecutive quarters. 3. Change from "safely" to "prudently" The Utah Constitution currently requires the State School Fund to be "safely" invested by the state. The dictionary meaning of "safely" suggests that the investment is done in a manner that is free from harm or risk. The term is not commonly used in the investment community to describe how an investment manager should invest money. There is a risk associated with any investment. Constitutional Amendment B changes the description of how the state is required to invest money in the State School Fund. The Amendment replaces "safely" with "prudently." The dictionary meaning of "prudently" suggests that the investment is done in a manner marked by wisdom or judiciousness. The term "prudent" or "prudently" is commonly used in the investment community to describe the responsibility of someone investing money on behalf of another. Effective Date If approved by voters, Constitutional Amendment B takes effect July 1, 2017. Fiscal Impact The State School Fund has approximately $2.1 billion in assets. Under Constitutional Amendment B, the amount of cash the State School Fund will receive as “earnings” from the investment of the Fund during the first year the Amendment is implemented is estimated to be $79,000,000. That amount is $22,000,000 more than the $57,000,000 that the Fund is estimated to receive from “interest and dividends” alone. The fiscal impact of Constitutional Amendment B will depend on how much of the additional “earnings” that exceed “interest and dividends” is distributed for the support of public
- 3. schools and how much is retained in the Fund to increase the total dollar value of the Fund. The greater the amount of “earnings” that are distributed, the less the Fund increases in dollar value, and the less money there is to generate future “earnings.”