language to be deleted (2) new language
Laws of Minnesota 1990 CHAPTER 478-H.F.No. 2131 An act relating to crimes; prohibiting wildfire arson; providing criminal penalties and liability for fire suppression costs; amending Minnesota Statutes 1988, section 609.564; proposing coding for new law in Minnesota Statutes, chapter 609. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1988, section 609.564, is amended to read: 609.564 [EXCLUDED FIRES.] A person does not violate section 609.561, 609.562,
or609.563, or section 2 if the person sets a fire pursuant to a validly issued license or permit or with written permission from the fire department of the jurisdiction where the fire occurs. Sec. 2. [609.5641] [WILDFIRE ARSON.] Subdivision 1. [SETTING WILDFIRES.] A person is guilty of a felony who intentionally sets a fire to burn out of control on land of another containing timber, underbrush, grass, or other vegetative combustible material. Subd. 2. [POSSESSION OF FLAMMABLES TO SET WILDFIRES.] A person is guilty of a gross misdemeanor who possesses a flammable, explosive, or incendiary device, substance, or material with intent to use the device, substance, or material to violate subdivision 1. Subd. 3. [PENALTY; RESTITUTION.] (a) A person who violates subdivision 1 may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. (b) A person who violates subdivision 2 may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. (c) In addition to the sentence otherwise authorized, the court may order a person who is convicted of violating this section to pay fire suppression costs and damages to the owner of the damaged land. Sec. 3. [EFFECTIVE DATE.] Sections 1 and 2 are effective August 1, 1990, and apply to crimes committed on or after that date. Presented to the governor April 19, 1990 Signed by the governor April 20, 1990, 10:41 a.m.