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HB211 Alabama 2010 Session

Updated Feb 27, 2026
Notable

Summary

Primary Sponsor
Cam Ward
Cam Ward
Republican
Session
Regular Session 2010
Title
Littering, rebuttable presumption of criminal littering provided for, enforcement by county license inspector and solid waste officer, distrib. of fines, Sec. 13A-7-29 am'd.
Summary

HB211 would let county solid waste officers and, with county approval, county license inspectors enforce criminal littering, remove the accumulation-based presumption, and change how fines are distributed.

What This Bill Does

It authorizes enforcement of criminal littering by the county solid waste officer and, with county commission approval, by the county license inspector. It removes the requirement that an accumulation of items is needed to presume littering and replaces it with a rebuttable presumption when items bearing a person’s name are found in garbage (advertising materials are not enough). It keeps littering as a Class C misdemeanor with fines of $250 for the first conviction and $500 for the second and any later convictions, and it directs how those fines are distributed to fund law and litter enforcement. It also establishes a notice and rebuttal process before actions are filed, and it limits custody to sworn law enforcement officers.

Who It Affects
  • Individuals who are accused of littering (especially those whose name appears on items found in litter) who could face a rebuttable presumption of guilt, required notices, a 15-day rebuttal window, and fines.
  • County solid waste officers and county license inspectors who gain enforcement authority to issue citations for littering (license inspector contingent on county approval) and operate under specified enforcement rules.
Key Provisions
  • Authorizes enforcement of criminal littering by the county solid waste officer and, with county commission approval, by the county license inspector.
  • Deletes the accumulation requirement and creates a rebuttable presumption that a person deposited litter when items bearing that person’s name are found in an accumulation of garbage (advertising materials excluded).
  • Class C misdemeanor with fines: $250 for the first conviction; $500 for second and subsequent convictions; fines distributed to municipal/county/State General Fund and spent on law and litter enforcement based on each agency’s contribution.
  • Establishes a notice and rebuttal process: a designee must notify the person and provide a 15-day period to rebut; the designee reviews evidence before filing charges and must give written notice of the determination.
  • Gives the county license inspector and the county solid waste officer authority to issue citations for littering (subject to statutory conditions) and limits custody to sworn law enforcement officers.
  • Effective date: becomes law on the first day of the third month after passage/approval.
AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Crimes and Offenses

Bill Actions

Pending third reading on day 16 Favorable from Judiciary

Read for the second time and placed on the calendar

Read for the first time and referred to the Senate committee on Judiciary

Motion to Read a Third Time and Pass adopted Roll Call 164

Third Reading Passed

Read for the second time and placed on the calendar

Read for the first time and referred to the House of Representatives committee on Judiciary

Bill Text

Votes

Motion to Read a Third Time and Pass

January 28, 2010 House Passed
Yes 97
Abstained 2
Absent 4

Documents

Source: Alabama Legislature