1998 Legislation
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HOUSE JOINT RESOLUTION NO. 8 – Public School Permanent Endowmt Fnd

HOUSE JOINT RESOLUTION NO. 8

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HJR008.....................................................by STATE AFFAIRS
PUBLIC SCHOOL PERMANENT ENDOWMENT FUND - Proposing an amendment to the
Constitution of the State of Idaho to change the name of the Public School
Fund to the Public School Permanent Endowment Fund; to provide that
earnings of that fund shall be deposited into the Public School Earnings
Reserve Fund and to provide for distribution; to provide that no part of
the Public School Permanent Endowment Fund principle shall be transferred,
used or appropriated to any other fund; to prohibit legislative
appropriations from the funds except to pay for administrative costs; to
provide that the state treasurer is the custodian of these funds; to
provide that the state shall supply losses incurred by the Public School
Permanent Endowment Fund, excepting losses on moneys allocated from the
Public School Earnings Reserve Fund; and to provide that Permanent
Endowment Funds may be invested, rather than loaned, in investments in
which a trustee is authorized to invest pursuant to state law.

02/20    House intro - 1st rdg - to printing
02/23    Rpt prt - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
02/25    3rd rdg - PASSED - 64-6-0
      AYES -- Alltus, Barraclough, Bell, Bieter, Bivens, Black(15),
      Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
      Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Gagner, Geddes,
      Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
      Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
      Kunz, Lake, Linford, Mader, Marley, McKague, Meyer, Miller,
      Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
      Robison, Schaefer, Stevenson, Stone, Stubbs, Taylor, Tilman, Tippets,
      Trail, Watson, Wheeler, Zimmermann, Mr Speaker
      NAYS -- Barrett, Field(20), Loertscher, Sali, Stoicheff, Wood
      Absent and excused -- None
    Floor Sponsor - Deal
    Title apvd - to Senate
02/26    Senate intro - 1st rdg - to St Aff
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/17    3rd rdg - PASSED - 26-8-1
      AYES--Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Deide, Dunklin, Frasure, Ingram, Keough, King, Lee,
      McLaughlin, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen,
      Stennett, Sweeney, Twiggs, Wheeler, Whitworth
      NAYS--Andreason, Darrington, Geddes, Hawkins, Ipsen, Noh, Parry,
      Thorne
      Absent and excused--Hansen
    Floor Sponsor - McLaughlin
    Title apvd - to House
03/18    To enrol
03/18    Rpt enrol - Sp signed
03/19    Pres signed - to Sec of State

Bill Text


HJR008


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                               HOUSE JOINT RESOLUTION NO. 8

                                BY STATE AFFAIRS COMMITTEE

 1                                  A JOINT RESOLUTION
 2    PROPOSING AMENDMENTS TO SECTION 3, ARTICLE IX, AND SECTION 11, ARTICLE IX,  OF
 3        THE CONSTITUTION OF THE STATE OF IDAHO, RELATING TO THE PUBLIC SCHOOL PER-
 4        MANENT ENDOWMENT FUND, TO CHANGE THE NAME OF THE PUBLIC SCHOOL FUND TO THE
 5        PUBLIC  SCHOOL  PERMANENT  ENDOWMENT FUND, TO PROVIDE THAT EARNINGS OF THE
 6        PUBLIC SCHOOL PERMANENT ENDOWMENT FUND SHALL BE DEPOSITED INTO THE  PUBLIC
 7        SCHOOL  EARNINGS  RESERVE  FUND  AND  DISTRIBUTED TO SCHOOLS, COUNTIES AND
 8        SCHOOL DISTRICTS, TO PROHIBIT  TRANSFERRING  ANY  PART  OF  THE  PERMANENT
 9        ENDOWMENT  FUND PRINCIPAL, TO PROVIDE THAT FUNDS SHALL NOT BE APPROPRIATED
10        BY THE LEGISLATURE FROM THE PUBLIC SCHOOL EARNINGS RESERVE FUND EXCEPT  TO
11        PAY ADMINISTRATIVE COSTS INCURRED MANAGING THE ASSETS OF THE PUBLIC SCHOOL
12        ENDOWMENT  INCLUDING,  BUT  NOT  LIMITED  TO,  REAL  PROPERTY AND MONETARY
13        ASSETS, TO PROVIDE THAT THE STATE TREASURER IS THE CUSTODIAN OF THE FUNDS,
14        TO PROVIDE THAT AS DEFINED AND PRESCRIBED BY LAW, THE STATE  SHALL  SUPPLY
15        LOSSES  INCURRED  BY THE PUBLIC SCHOOL PERMANENT ENDOWMENT FUND, EXCEPTING
16        MONEYS ALLOCATED FROM THE PUBLIC SCHOOL EARNINGS RESERVE FUND AND TO  PRO-
17        VIDE  FOR  INVESTING OF PERMANENT ENDOWMENT FUNDS; STATING THE QUESTION TO
18        BE SUBMITTED TO THE ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO  PRE-
19        PARE  THE STATEMENTS REQUIRED BY LAW; AND DIRECTING THE SECRETARY OF STATE
20        TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW.

21    Be It Resolved by the Legislature of the State of Idaho:

22        SECTION 1.  That Section 3, Article IX, of the Constitution of  the  State
23    of Idaho be amended to read as follows:

24             SECTION  3.  PUBLIC SCHOOL  PERMANENT ENDOWMENT  FUND
25        TO REMAIN INTACT. The public school  permanent endowment  
26        fund  of  the  state  shall  forever remain inviolate and intact; the
27         interest thereon only      earnings  of  the  public
28        school permanent endowment fund  shall be  expended 
29         deposited into the public school earnings reserve fund and dis-
30        tributed    in the maintenance of the schools of the state, and
31         shall be distributed   among  the    several  
32        counties  and  school districts of the state in such manner as may be
33        prescribed by law. No part of   this      the  public
34        school  permanent endowment  fund ,  principal 
35        or interest,  shall ever be transferred to any other  fund,  or
36        used or appropriated except as herein provided.  Funds shall not
37        be  appropriated  by  the legislature from the public school earnings
38        reserve fund except as follows: the legislature may appropriate  from
39        the public school earnings reserve fund administrative costs incurred
40        in  managing the assets of the public school endowment including, but
41        not limited to, real property and monetary assets.   The  state
42        treasurer  shall  be  the  custodian of  this   these
43         fund s , and the same shall be securely and profit-


                                          2

 1        ably invested as may be by law directed.  As  defined  and  pre-
 2        scribed by law, t  T he state shall supply  all
 3         losses  thereof that may in any manner occur  
 4        to  the  public  school permanent endowment fund, excepting losses on
 5        moneys allocated from the public school earnings reserve fund .

 6        SECTION 2.  That Section 11, Article IX, of the Constitution of the  State
 7    of Idaho be amended to read as follows:

 8             SECTION  11.   LOANING   INVESTING  PERMA-
 9        NENT ENDOWMENT FUNDS. The permanent endowment funds other than  funds
10        arising  from  the  disposition  of university lands belonging to the
11        state,  shall   may  be  loaned on  
12         invested in  United States, state, county, city, village,
13        or  school  district  bonds or state warrants or  on such 
14        other investments  as may be permitted by law under such regula-
15        tions as the legislature may provide   in which a  trustee
16        is authorized to invest pursuant to state law .

17        SECTION  3.  The  question to be submitted to the electors of the State of
18    Idaho at the next general election shall be as follows:
19        "Shall Section 3, Article IX, and Section 11, Article IX, of the Constitu-
20    tion of the State of Idaho be amended as follows:
21        1.  To change the name of the Public School Fund to the Public School Per-
22    manent Endowment Fund;
23        2.  To provide that the earnings of that fund shall be deposited into  the
24    Public  School Earnings Reserve Fund and distributed in the maintenance of the
25    schools and among the counties and school districts of the state;
26        3.  To provide that no part of the Public School Permanent Endowment  Fund
27    principal shall be transferred, used or appropriated to any other fund;
28        4.  To  prohibit legislative appropriations from the funds except that the
29    legislature may appropriate moneys from the  Public  School  Earnings  Reserve
30    Fund  to pay for administrative costs incurred managing the assets of the pub-
31    lic school endowment including, but not limited to, real property and monetary
32    assets;
33        5.  To provide that the state treasurer is the custodian of these funds;
34        6.  To provide that the state shall supply losses incurred by  the  Public
35    School Permanent Endowment Fund, excepting losses on moneys allocated from the
36    Public School Earnings Reserve Fund; and
37        7.  To provide that permanent endowment funds may be invested, rather than
38    loaned,  in investments in which a trustee is authorized to invest pursuant to
39    state law?".

40        SECTION 4.  The Legislative Council is directed to prepare the  statements
41    required by Section 67-453, Idaho Code, and file the same.

42        SECTION 5.  The Secretary of State is hereby directed to publish this pro-
43    posed constitutional amendment and arguments as required by law.

Statement of Purpose / Fiscal Impact


    





                           STATEMENT OF PURPOSE
                                 RS 08072
    
    This legislation is recommended by the Legislative Council Interim Committee on Endowment 
    Fund investment Reform. This legislation is a joint resolution proposing amendments to Sections 3 and 11, 
    Article IX, of the Constitution of the State of Idaho.
    
    The amendments to Section 3 are intended to maintain protections of the principal of what is 
    known as the Public School Fund while providing more flexibility for the use of earnings. Currently, 
    Section 3 provides that principal of the fund must remain intact and only the interest can be spent to 
    support public schools. The amendments change the name of the fund to the Public School Permanent 
    Endowment Fund and continue to protect the principal of the fund. Only the treatment of "interest" or 
    "earnings" is changed. The word "earnings" is used in the amendments because it encompasses a wider 
    range of proceeds from investments. The amendments require that earnings of the Public School 
    Permanent Endowment Fund be deposited into a Public School Earnings Reserve Fund. Moneys in the 
    reserve fund will be available for investment, for distribution to beneficiaries, and to pay administrative 
    costs incurred managing the real property and monetary assets of the endowment. Administrative costs 
    may be appropriated by the Legislature out of the reserve fund. Use of earnings to pay administrative 
    costs has been determined to be a legal use by the Idaho Supreme Court in Moon v. State Board of Land 
    Commissioners, 111 Idaho 389 (1986). Administrative costs are intended to include all costs of operating, 
    managing, caring for and improving the endowment assets. The moneys in the reserve fund will absorb 
    the ups and downs of the investment market and create a stable platform for distributions to public 
    schools. The amendments provide that the State shall make up losses incurred on earnings.
    
    The amendments to Section 11 are intended to provide greater investment flexibility for 
    endowment funds. Section 11 currently provides that permanent endowment funds shall be loaned only on 
    bonds, warrants or other investments as may be provided by law. The Idaho Supreme Court has 
    interpreted this section narrowly. In Engelking v. investment Board, 93 Idaho 217 (1969), the Court held 
    that the word "loan" means that there must be a guarantee of repayment of money loaned. The effect has 
    been to limit investments to very conservative "debt" instruments. The proposed amendment would 
    remove these restrictions.
    
                                fiscal NOTE
    
    These changes will not increase the financial impact on the General Fund or local government. 
    The change of Section 3, Article IXcreating a Public School Earnings Reserve Fund will provide a 
    mechanism for ensuring a predictable flow of revenue for the Public School Income Fund. The change to 
    Section 3, Article IX providing for appropriation of administrative costs from the fund will ensure that the 
    endowment is self supporting. The change to Section 11, Article IX will permit investment of the 
    endowment funds in instruments that are expected to generate a higher rate of return for the endowment
    
    beneficiaries than is possible under current limitations.
    
                                                           CONTACTS:
        Representative William W. "Bill" Deal Senator Judi Danielson Michael McConnell
                                     House of Representatives Senate Legislative Services
                                         (208) 332-1000 (208) 332-1000    (208) 334-2475
    
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    HJR 8