Utah Amendment B, State School Fund Distribution Cap Increase Amendment (2024)

Utah State School Fund Distribution Cap Increase Amendment
Election date November 5, 2024
Topic Education and State and local government budgets, spending and finance
Status a Approved
Type Constitutional amendment	Origin State legislature

The Utah State School Fund Distribution Cap Increase Amendment was on the ballot in Utah as a legislatively referred constitutional amendment on November 5, 2024. It was approved.

A "yes" vote supported increasing the limit on annual distributions from the State School Fund for public education from 4% to 5% of the fund.

A "no" vote opposed increasing the limit on annual distributions from the State School Fund for public education from 4% to 5% of the fund.

Election results

See also: Results for education and school choice ballot measures, 2024

Utah Amendment B
Result		Votes	Percentage
Yes		1,004,901	71.38%
No		402,865	28.62%

Results are officially certified.

Source

Overview

What did this amendment change about state school fund distributions?

See also: Text of measure

The amendment increased the limit on annual distributions from the State School Fund for public education from 4% to 5% of the fund.

The Utah State School Fund is provided for under Section 5 of Article X of the Utah Constitution. Only investment earnings, not principal, can be distributed from the Utah State School Fund. This money can only be used to provide money for the public education system. Distributions are independent of other tax revenues that are dedicated to education funding. Since voter approval of Utah Amendment B in 2016, annual distributions are capped at 4% of the fund.

Distributions are made to public schools based on a per-pupil formula. School Community Councils, comprised of parents and educators, determine how to spend the funds. Expenditures could include purchasing new library books and hiring teacher aids. On February 7, 2023, the Utah State Treasurer announced that the State School Fund would distribute $101 million to public schools in 2023, a 5.4% increase from the 2022 distribution of $95.85 million. In 2021, the distribution to schools was $92.84 million.

What did supporters and opponents say about the measure?

See also: Support and Opposition

State Rep. and amendment sponsor Jefferson Moss (R) said, "This would increase the cap of the payout, which will be great. It will increase the amount we can give directly to school children and schools throughout the state."

Ballotpedia did not locate a campaign in opposition to the ballot measure.

Text of measure

Ballot title

The ballot title for the amendment was as follows:

“

Shall the Utah Constitution be amended to increase the limit on the annual distributions from the State School Fund to public schools from 4% to 5% of the fund? FOR ( ) AGAINST ( )

”

Constitutional changes

See also: Utah Constitution

The amendment amended Section 5 of Article X of the Utah Constitution. The following struck-through text was deleted and underlined text was added.

Note: Hover over the text and scroll to see the full text.

Article X, Section 5. [State School Fund and Uniform School Fund -- Establishment and use -- Debt guaranty.]

(1) There is established a permanent State School Fund which consists of:

(a) proceeds from the sales of all lands granted by the United States to this state for the support of the public elementary and secondary schools;

(b) 5% of the net proceeds from the sales of United States public lands lying within this state;

(c) all revenues derived from nonrenewable resources on state lands, other than sovereign lands and lands granted for other specific purposes;

(d) all revenues derived from the use of school trust lands;

(e) revenues appropriated by the Legislature; and

(f) other revenues and assets received by the permanent State School Fund under any other provision of law or by bequest or donation.

(2) (a) The permanent State School Fund shall be prudently invested by the state and shall be held by the state in perpetuity.

(b) Only earnings received from investment of the permanent State School Fund may be distributed from the fund, and any distribution from the fund shall be for the support of the public education system as defined in Article X, Section 2 of this constitution.

(c) Annual distributions from the permanent State School Fund under Subsection (2)(b) may not exceed 4% 5% of the fund, calculated as provided by statute.

(d) The Legislature may make appropriations from school trust land revenues to provide funding necessary for the proper administration and management of those lands consistent with the state's fiduciary responsibilities towards the beneficiaries of the school land trust. Unexpended balances remaining from the appropriation at the end of each fiscal year shall be deposited in the permanent State School Fund.

(e) The permanent State School Fund shall be guaranteed by the state against loss or diversion.

(3) There is established a Uniform School Fund which consists of:

(a) money from the permanent State School Fund;

(b) revenues appropriated by the Legislature; and

(c) other revenues received by the Uniform School Fund under any other provision of law or by donation.

(4) The Uniform School Fund shall be maintained and used for the support of the state's public education system as defined in Article X, Section 2 of this constitution and apportioned as the Legislature shall provide.

(5) (a) Notwithstanding Article VI, Section 29, the State may guarantee the debt of school districts created in accordance with Article XIV, Section 3, and may guarantee debt incurred to refund the school district debt. Any debt guaranty, the school district debt guaranteed thereby, or any borrowing of the state undertaken to facilitate the payment of the state's obligation under any debt guaranty shall not be included as a debt of the state for purposes of the 1.5% limitation of Article XIV, Section 1.

(b) The Legislature may provide that reimbursement to the state shall be obtained from monies which otherwise would be used for the support of the educational programs of the school district which incurred the debt with respect to which a payment under the state's guaranty was made.

Readability score

See also: Ballot measure readability scores, 2024

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The lieutenant governor wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 8, and the FRE is 64. The word count for the ballot title is 29.

Support

Supporters

Officials

• State Sen. Ann Millner (R)
• State Rep. Jefferson Moss (R)

Individuals

• Ryan Kulig - Finance and Operations Officer at Utah School & Institutional Trust Funds Office

Arguments

• State Rep. Jefferson Moss (R-51) and State Sen. Ann Millner (R-5): "One of the very first actions the founders of our country took was to set aside lands to support public education. When Utah became a state, it received a grant of six million acres of trust lands dedicated to education and created a permanent school fund to hold trust land revenue. Money from this fund is distributed to every school in the state, and community councils of parents, teachers, administrators, and community members make decisions about how to use the money in their local schools. Voting yes on Constitutional Amendment B will allow more of the money generated by these trust lands to be used in our schools for today’s most pressing education needs. 5% Cap Benefits Current Students and Still Protects Future Students Constitutional Amendment B will increase the cap on money distributed to schools today from the permanent school fund from 4% to 5% of the fund’s value. In 2013, a state task force recommended a distribution cap for the permanent school fund. The intent of the cap was to ensure the state was protecting the funds for future students. A conservative 4% cap was initially chosen because this was a new fund management model. However, a 5% distribution is much more common in other areas of charitable fund management. Furthermore, federal tax law requires private foundations to distribute at least 5% of their fund value to demonstrate they are benefiting the community. In the years since the new distribution model was adopted, the fund has grown rapidly and it has become clear over the past ten years that if we increase the money going to schools today from 4% to 5%, the fund will continue to grow long into the future. Voting yes on Amendment B will allow more money from the fund to go to each school to benefit current students and will protect the Permanent School Fund for generations to come."

Opposition

Arguments

• Douglas Rice, Former President of the Epilepsy Association of Utah: "Amendment B (HJR 18) is simply a legal path for our legislature to access income tax dollars for pet projects. By changing our state constitution, they would be given access to a “surplus” that would be used for other projects. The authors of HJR 18 do not even have a suggestion for where they plan to use those funds, they just want access to tax dollars they currently cannot touch. As HJR 18’s authors pointed out, federal law requires “at least 5% of a fund value to prove they are benefiting the community”. Utah just increased spending to the federal minimum of 5%. In other words, our legislature is doing the bare minimum to assist those who need help the most. The problem is this false surplus our representatives pretend we have: legislators have placed an artificial cap on the amount of money the state can spend on education and people with disabilities, which are currently the only two categories where these income tax dollars can be spent. They could spend more, but they won’t. They want access to the money for other things. ... The authors of HJR 18 provide no reason whatsoever for diversion of income tax dollars into other funds. It is entirely based on a speculative future need, while our legislature has shown the inability to provide assistance for those in our state with existing tax dollars that have already been collected. HJR 18 allows funds to be diverted once education and DSPD needs are supposedly met. But there is no language in HJR 18 that would require full funding of education and DSPD, but rather allows for an arbitrary spending ceiling to be decided by our legislature. HJR 18 is NOT in the best interest of Utah citizens, and is most certainly not in the interest of those who need our help the most- the disabled citizens of Utah."

Campaign finance

See also: Campaign finance requirements for Utah ballot measures

If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Background

Constitutional requirements for education funding in Utah

Currently, under Section 5 of Article XIII of the Utah Constitution, individual income taxes, corporate income and franchise taxes, as well as taxes on intangible property are constitutionally mandated to fund public and higher education in Utah. Tax revenue from these sources funds public elementary and secondary schools as well as public universities and colleges. According to Section 2 of Article X of the Utah Constitution, the Utah Legislature may also designate additional education institutions to receive state funding.

Amendment G, 2018

See also: Utah Constitutional Amendment G (2018)

In 2020, Utah voters approved Amendment G by a vote of 54% to 46% to allow the Utah State Legislature to use revenue from income taxes and intangible property taxes to "support children and to support individuals with a disability." Going into the 2020 election, under the Utah Constitution, tax revenue from income taxes and intangible property could only be used to fund education.

Utah income tax revenue, 2018-2022

The total tax revenue from individual income taxes for the fiscal year 2022 was $6.77 billion. The total revenue from the corporate franchise and income tax for the fiscal year 2022 was $937 million. The Education Fund also received tax revenue from other sources including driver education fees and mineral production withholding. The total tax revenue collected for the Education Fund in 2022 was $7,756,512,564 ($7.76 billion).

Utah Individual and Corporate Income Tax Revenue, 2018-2022
Year	Individual Income Tax Revenue	Corporate Income Tax Revenue	Total
2022	$6,771,925,739	$937,045,419	$7,708,971,158
2021	$6,110,511,295	$742,697,439	$6,853,208,734
2020	$3,985,400,426	$355,874,698	$4,341,275,124
2019	$4,320,042,492	$520,917,624	$4,840,960,116
2018	$3,998,995,761	$447,934,375	$4,446,930,136

State School Fund

The Utah State School fund is provided for under Section 5 of Article X of the Utah Constitution. The fund consists of:

• proceeds from land sales granted by the United States to support public elementary and secondary schools;
• 5% of the net proceeds from the sales of United States public lands in the state;
• revenue from nonrenewable resources on state lands;
• revenue from school trust lands;
• revenue appropriated by the legislature; and
• revenue and assets under any other provision of law or by bequest or donation.

Money in the fund is invested and only earnings received from investment can be distributed from the fund. Funds may only be distributed to fund the public education system and distributions are independent of other tax revenues that are dedicated to education funding. Voter approval of Amendment B in 2016 capped annual distributions to 4% of the fund. Voters approved Amendment B in a vote of 64% to 36%.

Distributions are made to public schools on a per-pupil formula, meaning funds are allocated per student. School Community Councils, comprised of parents and educators, determine how to spend the funds. The Utah State Treasurer said funds may be spent for things such as purchasing new library books and hiring teacher aids.

State School Fund financials

On February 7, 2023, the Utah State Treasurer announced that the state school fund would distribute $101 million to public schools in 2023, a 5.4% increase from the 2022 distribution of $95.85 million. In 2021, the distribution to schools was $92.84 million.

The table below details the financials of the State School Fund from 2012 to 2022.

Utah State School Fund financials, 2012-2022
Fiscal year	Beginning balance	Revenues	Transfers	Ending balance
2022	$3,016,860,687	$2,954,964	-$95,824,593	$2,923,991,058
2021	$2,398,997,278	$710,695,758	-$92,832,349	$3,016,860,687
2020	$2,533,057,488	-$45,245,702	-$88,814,509	$2,398,997,278
2019	$2,472,297,753	$143,403,624	-$82,643,889	$2,533,057,488
2018	$2,386,743,596	$185,577,002	-$100,022,845	$2,472,297,753
2017	$2,160,220,505	$265,511,782	-$38,988,692	$2,386,743,596
2016	$2,137,628,643	$20,824,408	$1,767,454	$2,160,220,505
2015	$1,987,122,102	$150,106,198	$400,343	$2,137,628,643
2014	$1,605,655,426	$379,666,505	$1,800,171	$1,987,122,102
2013	$1,361,625,502	$243,443,073	$586,851	$1,605,655,426
2012	$1,279,242,460	$80,013,425	$2,369,617	$1,361,625,502

Referred amendments on the ballot

From 2000 to 2022, the Utah State Legislature referred 40 constitutional amendments to the ballot. Voters approved 35 (87.50%) and rejected five (12.50%) of the referred amendments. All of the amendments were referred to the ballot for general elections during even-numbered election years. The average number of amendments appearing on the general election ballot was between three and four.

Legislatively-referred constitutional amendments, 2000-2022
Total number	Approved	Percent approved	Defeated	Percent defeated	Annual average	Annual minimum	Annual maximum
40	35	87.50%	5	12.50%	4	1	7

Path to the ballot

See also: Amending the Utah Constitution

In Utah, both chambers of the state legislature need to pass a constitutional amendment by a two-thirds vote during one legislative session to refer an amendment to the ballot.

On February 21, 2023, the state House approved the amendment in a vote of 66-0 with nine members absent or not voting. On March 2, 2023, the state Senate approved the amendment in a vote of 27-0 with two members absent or not voting.

Vote in the Utah House of Representatives February 21, 2023
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 50  a
	Yes	No	Not voting
Total	66	0	9
Total percent	88.00%	0.00%	12.00%
Democrat	14	0	0
Republican	52	0	9

Vote in the Utah State Senate March 2, 2023
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 20  a
	Yes	No	Not voting
Total	27	0	2
Total percent	93.10%	0.00%	6.90%
Democrat	6	0	0
Republican	21	0	2

How to cast a vote

See also: Voting in Utah

See below to learn more about current voter registration rules, identification requirements, and poll times in Utah.

How to vote in Utah

Poll times

Utah is an all-mail voting state that offers vote centers for voters that choose to vote in person. All vote centers are open from 7 a.m. to 8 p.m. local time. Utah voters are able to vote in person at any vote center. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

To register to vote in Utah, an applicant must be a citizen of the United States, a resident of Utah for at least 30 days prior to the election, and at least 18 years old by the next general election. Pre-registration is available for 16- and 17-year-olds. 17-year-olds may vote in primary elections if they will turn 18 by the general election. Registration can be completed online or by mailing in a form. The deadline to register online or by mail is 11 days before Election Day. After this deadline, voters may register in person at a vote center by casting a provisional ballot and providing two forms of identification.

Automatic registration

See also: Automatic voter registration

Utah does not practice automatic voter registration.

Online registration

See also: Online voter registration

Utah has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

See also: Same-day voter registration

Utah allows same-day voter registration at polling places during the 10 days preceding and on Election Day.

Residency requirements

Prospective voters must be residents of the state for at least 30 days before the election.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Utah does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a person who commits fraudulent registration is "guilty of a class A misdemeanor" under Utah Code 20A-2-401.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Utah lieutenant governor’s office allows residents to check their voter registration status online by visiting this website.

Voter ID requirements

Utah requires in-person voters to present non-photo identification while voting.

The following list of accepted ID was current as of May 2025:

“

"Valid voter identification" means: a form of identification that bears the name and photograph of the voter which may include: a currently valid Utah driver license; a currently valid identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act; a currently valid identification card that is issued by: the state; or a branch, department, or agency of the United States; a currently valid Utah permit to carry a concealed weapon; a currently valid United States passport; or a currently valid United States military identification card; one of the following identification cards, regardless of whether the card includes a photograph of the voter: a valid tribal identification card; a Bureau of Indian Affairs card; or a tribal treaty card; or two forms of identification not listed under Subsection (79)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include: before January 1, 2029, an original or copy of a current utility bill, dated no more than 90 calendar days before the date of the election; before January 1, 2029, an original or copy of a bank or other financial account statement, dated no more than 90 calendar days before the date of the election; a certified birth certificate; a valid social security card; an original or copy of a check issued by the state or the federal government, dated no more than 90 calendar days before the date of the election; an original or copy of a paycheck from the voter's employer, dated no more than 90 calendar days before the date of the election; a currently valid Utah hunting or fishing license; certified naturalization documentation; a currently valid license issued by an authorized agency of the United States; a certified copy of court records showing the voter's adoption or name change; a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card; a currently valid identification card issued by: a local government within the state; an employer for an employee; or a college, university, technical school, or professional school located within the state; or a current Utah vehicle registration.

”

Click here for the Utah statute defining accepted ID to ensure you have the most current information.

See also

2024 measures

• 2024 ballot measures
• Education on the ballot
• State and local government budgets, spending and finance on the ballot

Utah

• Utah ballot measures
• Utah ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• House Joint Resolution 18