(a)The amount of 90 percent of the fees and penalties collected under this chapter, except interest, is allocated to the Department of Forests, Parks and Recreation for use by the Vermont ATV Sportsman’s Association (VASA) for development and maintenance of a Statewide ATV Trail Program, for trail liability insurance, and to contract for law enforcement services with any constable, sheriff’s department, municipal police department, the Department of Public Safety, and the Department of Fish and Wildlife for purposes of trail compliance pursuant to this chapter. The Departments of Public Safety and of Fish and Wildlife are authorized to contract with VASA to provide these law enforcement services. The Department of Forests, Parks and Recreation shall retain for its use up to $7,000.00 duri
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(a) The amount of 90 percent of the fees and penalties collected under this chapter, except interest, is allocated to the Department of Forests, Parks and Recreation for use by the Vermont ATV Sportsman’s Association (VASA) for development and maintenance of a Statewide ATV Trail Program, for trail liability insurance, and to contract for law enforcement services with any constable, sheriff’s department, municipal police department, the Department of Public Safety, and the Department of Fish and Wildlife for purposes of trail compliance pursuant to this chapter. The Departments of Public Safety and of Fish and Wildlife are authorized to contract with VASA to provide these law enforcement services. The Department of Forests, Parks and Recreation shall retain for its use up to $7,000.00 during each fiscal year to be used for administration of the State grant that supports this Program.
(b) The Secretary of Administration shall assist VASA with the procurement of trail liability and other related insurance.
(c) VASA shall purchase a trail liability insurance policy in the amount of $1,000,000.00. The State of Vermont shall be named an additional insured. The policy shall extend to all VASA-affiliated ATV clubs and their respective employees and agents to provide for trail liability coverage for development and maintenance of the Statewide ATV Trail Program.
(d) Nothing contained in this section shall authorize or create any cause of action to accrue or to be maintained against the State of Vermont.
(e) Any fees and penalties allocated pursuant to subsection (a) of this section shall not revert but shall be available until spent. Any accrued interest shall be deposited in the Transportation Fund. (Added 1983, No. 240 (Adj. Sess.), § 1; amended 1999, No. 155 (Adj. Sess.), § 9; 2005, No. 93 (Adj. Sess.), § 82; 2009, No. 50, § 79; 2013, No. 50, § E.101.7; 2017, No. 158 (Adj. Sess.), § 28; 2017, No. 158 (Adj. Sess.), § 29, eff. July 1, 2023; 2019, No. 154 (Adj. Sess.), § E.706, eff. Oct. 2, 2020; 2021, No. 185 (Adj. Sess.), § E.702, eff. July 1, 2022; 2023, No. 41, § 46, eff. July 1, 2023.)