Sec. 1. 23 MRSA §5006 is enacted to read:

§5006.__Railroad Trespass Prevention Act

1.__Short title.__This section may be known and cited as the "Railroad Trespass Prevention Act."

2.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Passenger" means a person who is traveling by train with lawful authority and who does not participate in the train's operation.__"Passenger" does not include a stowaway.

B.__"Railroad" means a form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including:

(1)__A commuter or other shorthaul railroad passenger service; and

(2)__A high-speed ground transportation system.

"Railroad" does not include rapid transit operations that are not connected to the general railroad system.

C.__"Railroad carrier" means a person providing railroad transportation.

D.__"Railroad property" means all tangible property owned, leased or operated by a railroad carrier, including a right- of-way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, terminal or any other structure, appurtenance or equipment owned, leased or used in the operation of a railroad carrier including a train, locomotive, engine, railroad car, work equipment, rolling stock or safety device.__"Railroad property" does not include a railroad carrier's administrative building or office, office equipment or intangible property such as computer software or other information.

E.__"Right-of-way" means the track or roadbed owned, leased or operated by a railroad carrier and that is located on either side of its tracks and that is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing or appropriate signs.