HB301 Alabama 2010 Session

Summary

Primary Sponsor

Randy WoodRepresentative

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.

Summary

HB301 expands arson and fire-safety rules for forests and grasslands, makes attempts to burn illegal, defines incendiary paraphernalia, and tightens permit and enforcement provisions with updated penalties.

What This Bill Does

It creates new crimes for willful or intentional burning of forests, grasses, or woodlands not owned or controlled by the offender and for possession of incendiary paraphernalia (including time-delay devices). It adds penalties of Class C, B, or A misdemeanors depending on intent and recklessness, and it prohibits actions that allow fires to escape or occur without proper precautions. It establishes a burning-permit system managed by the State Forestry Commission, designates areas under organized forest-fire protection with public notice, and directs fines to the Alabama Forestry Commission Fund; it also clarifies local-funding requirements under Amendment 621 and sets a three-months-after-passage effective date.

Who It Affects

• Individuals, firms, associations, or corporations that burn or attempt to burn forests, grasses, or woodlands not under their control, or who possess incendiary paraphernalia near those lands (potential felonies or misdemeanors).
• Landowners and land managers whose burning activities could affect adjacent lands or areas under forest-fire protection, and state/local authorities who issue permits, enforce rules, and receive fines.

Key Provisions

• Class C felony for willfully, maliciously, or intentionally burning or causing to burn forests, grasses, woodlands, or inflammable vegetation on lands not owned, leased, controlled, or lawfully possessed by the offender.
• Definition of paraphernalia as incendiary paraphernalia, including any time-delay incendiary device, and a new offense for possessing such devices near protected lands.
• Class B misdemeanor for allowing a fire to escape, burning without required precautions, or burning within or near forests/woodlands without clearing surrounding inflammable material to safe distance.
• Class A misdemeanor for reckless or wanton disregard for safety when burning or starting a fire on lands not owned/controlled without permission.
• Burning-permit provisions requiring district-operations-center authorization, safety criteria (tools, equipment, manpower, control, confinement, and no unattended fires), and conditions for permit issuance or revocation.
• Designation of areas under organized forest-fire protection through State Forester proclamations, public notice in newspapers, and legal recognition of protected lands for enforcement.
• Fines and other proceeds from violations go to the Alabama Forestry Commission Fund to cover administration.
• Exemption from Amendment 621's local-funding requirements because the bill creates a new crime or amends an existing one; effective date is the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Forestry