SB195 Alabama 2010 Session

Summary

Primary Sponsor

T.D. “Ted” Little

Democrat

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

SB195 updates Alabama’s criminal littering law by creating a rebuttable presumption when name-bearing documents are found in garbage, expanding county-level enforcement, and detailing how fines are collected and distributed.

What This Bill Does

It adds a rebuttable presumption that a person littered if their name appears on certain discarded financial documents, with advertising materials not sufficient to create the presumption. It allows county license inspectors (with county approval) and county solid waste officers to issue citations for littering. It establishes fines and a specific way those fines are distributed to fund law and litter enforcement, and it prescribes a notice and review process before charges can be filed when the presumption is used. It also defines what counts as litter and clarifies custody limitations for enforcement officers.

Who It Affects

• Individuals who litter or have their names appear on discarded documents, who could face a Class C misdemeanor and fines (starting at $250 for the first offense, $500 for subsequent offenses).
• Counties and local government agencies, including county license inspectors and county solid waste officers, who gain enforcement authority to issue citations and whose agencies may receive fines distributed for law and litter enforcement purposes.

Key Provisions

• Creates a rebuttable presumption of criminal littering under 13A-7-29 when financial documents bearing a person’s name are found in garbage, with a specific exclusion for advertising materials.
• Defines 'litter' broadly and states that unintentional deposits of agricultural products in their natural state are not litter.
• Maintains Class C misdemeanor status for criminal littering; sets minimum fines of $250 for the first conviction and $500 for subsequent convictions.
• Requires fines to be distributed by the court to municipalities, counties, and/or State General Fund in proportion to each agency’s contribution to the enforcement effort, and to be used only for law and litter enforcement.
• Authorizes county license inspectors (with county commission approval) and county solid waste officers to issue citations for violations of this section, with custody authority limited to sworn law enforcement officers.
• Establishes a notice and rebuttal process: a designee must notify the person if their items contain their name and allow 15 days to respond; the designee reviews any information and determines whether to proceed with an action.
• Effective date: the act becomes law on the first day of the third month after governor approval.

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

Subjects

Crimes and Offenses