1.1 	A bill for an act
1.2 	relating to natural resources; providing for
1.3 	electronic issuance of burning permits; providing for
1.4 	electronic burning permit fees; creating an account;
1.5 	appropriating money; amending Minnesota Statutes 2004,
1.6 	section 88.17, subdivision 1, by adding subdivisions.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 88.17,
1.9 	subdivision 1, is amended to read:
1.10 		Subdivision 1.Permit required. (a) A permit to start a
1.11 	fire to burn vegetative materials and other materials allowed by
1.12 	Minnesota Statutes or official state rules and regulations may
1.13 	be given by the commissioner or the commissioner's agent.  This
1.14 	permission shall be in the form of:
1.15 	(1) a written permit signed issued by a forest officer,
1.16 	fire warden, authorized Minnesota pollution control agent,or
1.17 	other person authorized by the forest officer, or town fire
1.18 	warden, and commissioner; or 
1.19 	(2) an electronic permit issued by the commissioner, an
1.20 	agent authorized by the commissioner, or an Internet site
1.21 	authorized by the commissioner.
1.22 	(b) Burning permits shall set the time and conditions by
1.23 	which the fire may be started and burned.  The permit shall also
1.24 	specifically list the materials that may be burned.  The
1.25 	permittee must have the permit on their person and shall produce
1.26 	the permit for inspection when requested to do so by a forest
2.1 	officer, town fire warden,conservation officer, or other peace
2.2 	officer.  The permittee shall remain with the fire at all times
2.3 	and before leaving the site shall completely extinguish the
2.4 	fire.  A person shall not start or cause a fire to be started on
2.5 	any land that is not owned or under their legal control without
2.6 	the written permission of the owner, lessee, or an agent of the
2.7 	owner or lessee of the land.  Violating or exceeding the permit
2.8 	conditions shall constitute a misdemeanor and shall be cause for
2.9 	the permit to be revoked.

2.10 	Sec. 2. Minnesota Statutes 2004, section 88.17, is amended
2.11 	by adding a subdivision to read::
2.12 		Subd. 4.Account created. There is created in the state
2.13 	treasury a burning permit account within the natural resources
2.14 	fund where all fees collected under this section shall be
2.15 	deposited.

2.16 	Sec. 3. Minnesota Statutes 2004, section 88.17, is amended
2.17 	by adding a subdivision to read:
2.18 		Subd. 5.Permit fees. (a) The annual fees for an
2.19 	electronic burning permit are:
2.20 	(1) $5 for a noncommercial burning permit; and 
2.21 	(2) for commercial enterprises that obtain multiple
2.22 	permits, $5 per permit for each burning site, up to a maximum of
2.23 	$50 per individual business enterprise per year.
2.24 	(b) Except for the issuing fee under paragraph (c), money
2.25 	received from permits issued under this section shall be
2.26 	deposited in the state treasury and credited to the burning
2.27 	permit account and is annually appropriated to the commissioner
2.28 	of natural resources for the costs of operating the burning
2.29 	permit system.
2.30 	(c) Of the fee amount collected under paragraph (a), $1
2.31 	shall be retained by the permit agent as a commission for
2.32 	issuing electronic permits.