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Committee refines trail-definition language to avoid creating maintenance ambiguity
Summary
Conference negotiators discussed house intent language and a senate maintenance provision for legal trails in S.123 and directed counsel to draft two alternatives to avoid creating ambiguity about municipal maintenance authority under 19 V.S.A. chapter 3.
During the May 29 conference session on S.123, legislative counsel advised that language added in the house definition of "trail" — stating that municipalities have authority to exclusively or cooperatively maintain a trail — could create ambiguity because the actual maintenance authority is set out later in 19 V.S.A. chapter 3 in sections that specifically grant municipal authority to maintain town highways.
Counsel recommended two alternatives: (1) revise the definition to add that municipalities have maintenance authority "pursuant to the provisions of this chapter," or (2) remove the maintenance-authority wording from the definition and rely on the chapter provisions (sections 302 and 304) that grant the authority explicitly. Counsel said the definition carry-over dated to an earlier draft and that leaving the maintenance language in the definition might muddy the statutory text and create litigation risk.
Committee members asked counsel to draft both alternatives so the conference committee could read the two precise formulations before deciding. The issue was left open pending the presentation of the two draft alternatives; staff will circulate the text for the committee to consider.
