SB150 Alabama 2010 Session

Summary

Primary Sponsor

Ben H. Brooks

Republican

Co-Sponsor

Rusty Glover

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

SB150 strengthens Alabama's arson and reckless burning laws for forests, grasses, or woodlands, adds penalties for attempting to burn and for possessing incendiary devices, and creates a permitting and fire-protection framework.

What This Bill Does

It makes it a Class C felony to willfully, maliciously, or intentionally burn forests, grasses, woodlands, or other inflammable vegetation on lands not owned, leased, controlled, or lawfully possessed by the burner. It also makes it a crime to possess incendiary paraphernalia, including time-delay devices. It creates Class B and Class A misdemeanors for reckless or wanton burning that endangers people or property or occurs without required precautions or owner permission. It establishes a burning-permit system with specific criteria, allows the State Forester to declare areas under organized forest fire protection, and directs that fines collected go to the Alabama Forestry Commission Fund to support administration of the program.

Who It Affects

• Individuals, firms, associations, or corporations who burn land they do not own or do not have permission to burn, who could face felonies or misdemeanors.
• Persons who possess incendiary paraphernalia, including time-delay incendiary devices.
• Landowners, land managers, and others who burn brush, stumps, debris, or grass and must follow precautions or obtain permits.
• The State Forester and the Alabama Forestry Commission, which administer permits, fire alerts, and areas under organized forest fire protection.

Key Provisions

• Amends Section 9-13-11 to make it a Class C felony to willfully, maliciously, or intentionally burn forests, grasses, woodlands, or other inflammable vegetation on lands not owned or possessed by the burner.
• Defines incendiary paraphernalia and prohibits possession or use near forests or other inflammable vegetation, including time-delay devices.
• Creates Class B misdemeanor offenses for reckless or wanton disregard allowing a fire to escape; burning debris without necessary precautions; and related acts near forests or woodlands.
• Creates Class A misdemeanor for reckless or wanton disregard burning on lands not owned or without the owner’s permission.
• Establishes a burning-permit system with criteria: adequate tools/equipment/manpower to control the fire; responsibility to confine the fire; and prohibition on unattended burns until dead out; permits may be restricted during fire alerts.
• Allows State Forester to declare areas under organized forest fire protection, with publication requirements and proof of proclamation admissible in court.
• Fines and other monies from violations go to the Alabama Forestry Commission Fund to help cover administration costs.
• Exempts the bill from Amendment 621 requirements because it creates a new crime or amends an existing crime.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Forestry