SF3593 (Legislative Session 94 (2025-2026))
Constitutional Amendment proposal to modify the permanent school fund to calculate distributable earnings
AI Generated Summary
Purpose
- To change how Minnesota’s Permanent School Fund (PSF) is governed and how its earnings are used, with the goal of providing ongoing annual distributions to support public schools while preserving the fund’s long-term value and purchasing power.
Key Provisions
- Constitutional amendment to Article XI, Section 8, redefining the permanent school fund and how it is invested and distributed.
- The PSF must include proceeds from lands granted for schools, swamp lands, cash and investments in the fund, and related lands. The fund’s principal is meant to be perpetual and inviolate.
- Net interest and dividends from the PSF would be distributed as a perpetual financial resource to support different school districts, with a distribution policy to be set by law.
- A Board of Investment (consisting of the governor, state auditor, secretary of state, and attorney general) would administer and direct the investment of all state funds, with a prohibition on underwriting or directly purchasing municipal securities from issuers or their agents.
- The amendment would be submitted to voters at the 2026 state general election.
Changes to Statutes
- Section 11A.16, subdivision 5 (calculation of income distributable earnings)
- The state board would calculate the investment income earned by the PSF’s distributable earnings each fiscal year.
- The earnings would include interest on debt securities, dividends on equity securities, and interest earned on certified monthly earnings before transfer to the Department of Education.
- Gains and losses from security sales would be allocated using a specific framework (including a set percentage of the fund’s average net asset value) to offset losses over a 10-year period; gains would be spread over ten years, and any excess could be added back to the fund’s principal.
- If a net loss occurs, it would first be recovered from gains allocated to that year, then from interest and dividend income in the following ten years.
- At year’s end, the director would report total distributable earnings to the Legislative Permanent School Fund Commission and the Department of Education.
- Section 11A.16, subdivision 6 (disposition of income distributable earnings)
- Distributable earnings would be credited to the PSF and transferred to the School Endowment Fund as needed to support payments authorized under section 127A.32 (relating to school funding programs).
Governance and Administration
- The Board of Investment would oversee the investment of state funds under the new framework and would not permit the use of state funds for underwriting or direct purchase of municipal securities from issuers or their agents.
- The plan emphasizes preserving the fund’s purchasing power and ensuring a steady, long-term distribution to school districts.
Timeline and Process
- The constitutional amendment would be put before Minnesota voters at the 2026 state general election.
- If approved, the statutory changes would take effect as part of implementing the constitutional amendment, guiding how distributable earnings are calculated and how funds are transferred to school programs.
Significant Changes Compared to Existing Law
- Reframes the PSF as a perpetual, inviolate principal with a defined mechanism to distribute net earnings as ongoing support for school districts.
- Establishes a formal, law-driven approach to calculating distributable earnings and to offset losses over a multi-year horizon.
- Creates a School Endowment Fund as a vehicle for distributing PSF earnings to support specific payments authorized under existing education funding statutes.
- Sets up a dedicated Board of Investment with specified members and investment restrictions to manage the PSF and related state funds.
- Moves potential funding decisions from ad hoc earnings to a codified, annual methodology tied to legally defined accounts and programs.
Relevant Terms - permanent school fund - distributable earnings - investment income - gains and losses from sale of securities - average net asset value - endowment fund / school endowment fund - 127A.32 (payments under education funding provisions) - Legislative Permanent School Fund Commission - Department of Education - Board of Investment - purchasing power - perpetuity / inviolate principal - municipal securities - 127A.30 (commission reference) - 2026 state general election - constitutional amendment (Article XI, Section 8)
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| February 17, 2026 | Senate | Action | Introduction and first reading | ||
| February 17, 2026 | Senate | Action | Referred to | Education Finance |
Citations
[
{
"analysis": {
"added": [
"Specifies that distributable earnings include investment income earned by the permanent school fund equal to interest on debt securities, dividends on equity securities, and interest earned on certified monthly earnings prior to transfer to the Department of Education.",
"Establishes that gains and losses from the sale of securities shall be apportioned with 4.5 percent of the average net asset value of the permanent school fund as of the end of the preceding three fiscal years to offset net losses over ten fiscal years; any portion not needed shall be added to the principal of the fund.",
"Requires the director to report the total distributable earnings to the Legislative Permanent School Fund Commission established in section 127A.30 and to the commissioner of the Department of Education."
],
"removed": [],
"summary": "Amends how the Permanent School Fund's distributable earnings are calculated by specifying the components of investment income and detailing the allocation of gains and losses from securities sales; also requires reporting of total distributable earnings to the Legislative Permanent School Fund Commission and the Department of Education.",
"modified": [
"Redefines the calculation of distributable earnings by detailing components of investment income and a ten-year offset mechanism for gains and losses from securities sales."
]
},
"citation": "11A.16",
"subdivision": "Subd.5"
},
{
"analysis": {
"added": [
"Adds that income distributable earnings shall be credited to the permanent school fund and transferred to the school endowment fund as needed for payments made pursuant to section 127A.32."
],
"removed": [],
"summary": "Disposes of income distributable earnings by directing that they be credited to the permanent school fund and transferred to the school endowment fund as needed for payments under section 127A.32.",
"modified": [
"Adds a cross-reference to 127A.32 and clarifies transfer mechanics; does not independently alter 127A.32 itself."
]
},
"citation": "11A.16",
"subdivision": "Subd.6"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Introduces a not-withstanding clause to override provisions of section 11A.12 for the treatment of income distributable earnings as defined in the bill.",
"modified": [
"Incorporates a not-withstanding directive to override 11A.12 regarding the handling of distributable earnings, aligning with subdivision 5."
]
},
"citation": "11A.12",
"subdivision": ""
},
{
"analysis": {
"added": [
"Cites the Legislative Permanent School Fund Commission established in section 127A.30."
],
"removed": [],
"summary": "References the Legislative Permanent School Fund Commission established in section 127A.30; the text notes reporting to this Commission.",
"modified": [
"No substantive changes to 127A.30; cross-reference only."
]
},
"citation": "127A.30",
"subdivision": ""
},
{
"analysis": {
"added": [
"Cites 127A.32 as governing payments related to the school endowment fund allocations described in the bill."
],
"removed": [],
"summary": "References payments under section 127A.32; the bill indicates transfers related to distributable earnings for payments under this section.",
"modified": [
"No substantive changes to 127A.32; cross-reference only."
]
},
"citation": "127A.32",
"subdivision": ""
}
]