Sec. 1. 12 MRSA §13157, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed.

Sec. 2. 12 MRSA §13157, sub-§1-A is enacted to read:

1-A.__Permission required.__A person may not operate an ATV on the land of another without the landowner's permission. Permission is presumed where ATV trails exist or in areas open to ATVs by landowner policy if the trails or policy is conspicuously posted; except that written permission of the landowner is required on cropland or pastureland or in an orchard.

A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.

Sec. 3. Legislation authorized. The Joint Standing Committee on Inland Fisheries and Wildlife may submit legislation to the Second Special Session of the 121st Legislature to accomplish one or more of the following:

1. Create an ATV law enforcement grant program to make enforcement grants to the warden service as well as to other enforcement agencies; and dedicate the Department of Inland Fisheries and Wildlife's ATV gas tax revenues under the Maine Revised Statutes, Title 36, section 2903-D to the ATV law enforcement grant program;

2. Broaden the purpose of the ATV Recreational Management Fund to allow for ATV trail or sport riding facility acquisition, purchase or lease of real estate and acquisition of easements for ATV operation;

3. Authorize a mud season closure for ATV trails by the State under established guidelines. Violation of this provision would be a civil violation subject to a $100 to $500 fine;

4. Require brake lights on all ATVs. Violation of this provision would be a civil violation subject to a $100 to $500 fine;

5. Prohibit snorkel kits and similar kits designed to allow ATV use in deep water, except at sanctioned events or with a landowner's permission. Violation of this provision would be a civil violation subject to a $100 to $500 fine;

6. Change the maximum allowable ATV sound level to 96 decibels in a 20-inch test, to reflect national standards;