Mi. Const. art. IX, § 40 — Article IX / Section 40
Mich. Const. art. IX, § 40
Status: in_force

Michiganconservationandrecreationlegacyfund. Sec. 40. The Michigan conservation and recreation legacy fund is established. The state treasurer shall direct the investment of the legacy fund. The state treasurer shall establish within the legacy fund restricted accounts as authorized by this section and may establish additional subaccounts as authorized by law. The state treasurer may receive gifts, grants, bequests, or assets from any source for deposit into a particular account or subaccount. The assets of the legacy fund shall be invested as provided by law. Interest and earnings accruing fromeachaccountorsubaccountshallbecreditedtothataccountorsubaccount. The forest recreation account is established as an account within the legacy fund. The forest recreation account shall consist of revenue derived from concessions, leases, contracts, and fees from recreational activities on state forestlands and other revenues as authorized by law.Moneyintheforestrecreationaccountshallbeexpendedonlyforthefollowing: (a) The development, improvement, operation, promotion, and maintenance of forest recreationactivities. (b) Grants to state colleges and universities to implement programs funded by the forest recreationaccount. (c)Theadministrationoftheforestrecreationaccount. The game and fish protection account is established as an account within the legacy fund. Thegameandfishprotectionaccountshallconsistofrevenuederivedfromhuntingandfishing licenses, passbooks, permits, fees, concessions, leases, contracts, and activities; damages paid fortheillegaltakingofgameandfish;revenuederivedfromfees,licenses,andpermitsrelated to game, game areas, and game fish; and other revenues as authorized by law. Money in the gameandfishprotectionaccountshallbeexpendedonlyforthefollowing: (a) The development, improvement, operation, promotion, and maintenance of wildlife and fisheriesprogramsandfacilities. (b)Theacquisitionoflandandrightsinlandthatsupportwildlifeandfisheriesprograms. (c)Researchtosupportwildlifeandfisheriesprograms. (d) The enforcement and administration of the wildlife and fisheries laws of the state, includingthenecessaryequipmentandapparatusincidenttotheoperationandenforcementof wildlifeandfisherieslaws. (e)Theprotection,propagation,distribution,andcontrolofwildlifeandfish. (f)Grantstostatecollegesanduniversitiestoimplementprogramsfundedbythegameand fishprotectionaccount. (g)Theadministrationofthegameandfishprotectionaccount,whichmayincludepayments inlieuoftaxesonstateownedlandthathasbeenorwillbepurchasedthroughthegameand fishprotectionfundoraccount. Theoff-roadvehicleaccountisestablishedasanaccountwithinthelegacyfund.Theoff-road vehicleaccountshallconsistofrevenuederivedfromfeesimposedupontheuseorregistration of off-road vehicles and other revenues as authorized by law. Money in the off-road vehicle accountshallbeexpendedonlyforthefollowing: (a) Signage for and the improvement, maintenance, and construction of off-road vehicle trails,routes,orareas. (b)Theadministrationandenforcementofstateregulationsrelatedtooff-roadvehicles. (c)Theleasingoflandforusebyoff-roadvehicles. (d)Theacquisitionofeasements,permits,orotheragreementsfortheuseoflandforoff-road vehicletrails,routes,orareas. (e) The restoration of any of the natural resources of the state on public land that are damagedduetooff-roadvehicleuse. (f)Safetyeducationprogramsrelatedtotheoperationofoff-roadvehicles. (g)Otherusesasprovidedbylawaslongastheusesareconsistentwiththedevelopment, improvement,operation,promotion,andmaintenanceofthestate’soff-roadvehicleprograms. (h)Grantstostatecollegesanduniversitiestoimplementprogramsfundedbytheoff-road vehicleaccount. (i)Theadministrationoftheoff-roadvehicleaccount. The recreation improvement account is established as an account within the legacy fund. The recreation improvement account shall consist of all tax revenue derived from the sale of Art.IX,§40 CONSTITUTION OF MICHIGAN OF 1963 50 two percent of the gasoline sold in this state for consumption in internal combustion engines and other revenues as authorized by law. Money in the recreation improvement account shall bedistributedasfollows: (a) Eighty percent of the money shall be annually transferred to the waterways account to beusedforthepurposesofthataccount. (b)Fourteenpercentofthemoneyshallbeannuallytransferredtothesnowmobileaccount tobeusedforthepurposesofthataccount. (c) The remainder of the money that is not transferred under this section shall be used, upon appropriation, for recreation projects, including grants to state colleges and universities to implement recreation projects, and for the administration of the recreation improvement account. Of the amount that is credited to recreational projects in a fiscal year, not less than twenty-five percent of any funds designated for projects intended for off-road vehicles shall be expended on projects to repair damages as a result of pollution, impairment, or destruction of air,water,orothernaturalresources,orthepublictrust,inair,water,orothernaturalresources, asaresultoftheuseofoff-roadvehicles. Thesnowmobileaccountisestablishedasanaccountwithinthelegacyfund.Thesnowmobile account shall consist of revenue derived from fees imposed for the registration or use of snowmobiles;revenuederivedfromtheuseofsnowmobiletrails;transfersfromtherecreation improvement account; and other revenues as authorized by law. Money in the snowmobile accountshallbeexpendedonlyforthefollowing: (a) Planning, construction, maintenance, and acquisition of trails and areas for the use of snowmobiles. (b)Providingaccesstotrailsandareasfortheuseofsnowmobiles. (c)Providingbasicsnowmobilefacilities. (d)Theadministrationandenforcementofstateregulationsrelatedtosnowmobiles. (e)Safetyeducationprogramsrelatedtotheoperationofsnowmobiles. (f) Other uses as provided by law as long as the uses are consistent with the development, improvement,operation,promotion,andmaintenanceofthestate’ssnowmobileprograms. (g)Grantstostatecollegesanduniversitiestoimplementprogramsfundedbythesnowmobile account. (h) The administration of the snowmobile account, which may include payments in lieu of taxesonstateownedlandthathasbeenorwillbepurchasedthroughtherecreationalsnowmobile trailimprovementfundorsnowmobileaccount. The state park improvement account is established as an account within the legacy fund. Thestateparkimprovementaccountshallconsistofrevenuederivedfromconcessions,leases, contracts,fees,andpermitsforactivitiesinstateparksandrecreationareas;damagespaidto the state for illegal activities in state parks and recreation areas; and other revenues as authorized by law. Money in the state park improvement account shall be expended only for thefollowing: (a) The development, improvement, operation, promotion, and maintenance of state parks andrecreationareas. (b) Grants to state colleges and universities to implement programs funded by the state parkimprovementaccount. (c)Theadministrationofthestateparkimprovementaccount. Thewaterwaysaccountisestablishedasanaccountwithinthelegacyfund.Thewaterways account shall consist of revenue derived from watercraft registration fees assessed on the ownership or operation of watercraft in the state; revenue derived from fees charged for the moorage of watercraft at state-operated mooring facilities; revenue derived from fees charged for the use of state-operated public access sites; transfers from the recreation improvement account; all tax revenue derived from the sale of diesel fuel in this state that is used to generate power for the operation or propulsion of vessels on the waterways of the state; and otherrevenuesasauthorizedbylaw.Moneyinthewaterwaysaccountshallbeexpendedonly forthefollowing: (a) The construction, operation, and maintenance of recreational boating facilities that providepublicaccesstowaterwaysormoorageofwatercraft. 51 FINANCE AND TAXATION Art.IX,§42 (b)Theacquisitionofpropertyforthepurposeofparagraph(a). (c)Grantstolocalunitsofgovernmentandstatecollegesanduniversitiesfortheprovision ofpublicaccessormoorageofwatercraftandlawenforcementorboatingeducationtorecreational watercraftoperators. (d)Theacquisitionanddevelopmentofharborsandpublicaccesssites. (e) The enforcement of laws related to the operation of watercraft and education related to the operation of watercraft. Not less than forty-nine percent of revenues from watercraft registration fees received by the waterways account shall be used for the purposes of this subdivision. (f)Theadministrationofprogramsfundedbythewaterwaysaccount. (g)Otherusesasprovidedbylawaslongastheusesareconsistentwiththedevelopment, improvement,operation,promotion,andmaintenanceofthestate’swaterwaysprograms. (h) The administration of the waterways account, which may include payments in lieu of taxes on state owned land that has been or will be purchased through the Michigan state waterwaysfundorwaterwaysaccount. Thelegislatureshallprovidebylawfortheimplementationofthissection. History: Add.H.J.R.Z,approvedNov.7,2006,Eff.Dec.23,2006.