HB301 Alabama 2010 Session

Summary

Primary Sponsor

Randy Wood Representative

Republican

Session

Regular Session 2010

Title

Forests and grasslands, arson, further defined to include the attempt to set fire to forests, grasses, or woodlands, possession of incendiary paraphernalia prohibited, reckless burning of property of another prohibited, penalty, Sec. 9-13-11 am'd.

Description

Existing law makes it a crime for a person to burn or set fire to forests, grasses, or woodlands not under the control of that person.

Existing law makes it a crime for a person to possess certain paraphernalia or use certain paraphernalia to burn or set fire to grass or woodlands not controlled by that person. Existing law also makes it a crime for a person or entity to allow fire to escape from forests, grasses, or woodlands not under the control of the person.

This bill would also make it a crime for a person to attempt to burn or set fire to forests, grasses, or woodlands not under the control of that person. This bill would clarify that paraphernalia means incendiary paraphernalia and includes any time-delay incendiary device.

This bill would also make it a crime for any person, firm, or corporation to recklessly or with wanton disregard for safety start a fire or cause a fire to start.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Forestry