RENTAL PROPERTY/LITHIUM BATTERY SMOKE ALARMS (NEW).

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View NCGA Bill Details2011-2012 Session
Senate Bill 77 (Public) Filed Wednesday, February 16, 2011
TO ADD MDPV TO THE LIST OF CONTROLLED SUBSTANCES UNDER SCHEDULE I WHICH MAKES THE UNLAWFUL POSSESSION, MANUFACTURE, OR SALE OR DELIVERY OF MDPV CRIMINAL OFFENSES AND TO CREATE THE OFFENSE OF TRAFFICKING IN MDPV.
Intro. by Bingham.
Status: Ch. SL 2012-92 (Senate Action) (Jun 28 2012)

Bill History:

S 77/S.L. 2012-92

Bill Summaries:

  • Bill S 77/SL 2012-92 (2011-2012)
    Summary date: Jul 2 2012 - View Summary

    AN ACT PROVIDING THAT AFTER DECEMBER 31, 2012, LANDLORDS SHALL, WHEN INSTALLING A NEW SMOKE ALARM OR REPLACING AN EXISTING SMOKE ALARM, INSTALL A TAMPER-RESISTANT, TEN-YEAR LITHIUM BATTERY SMOKE ALARM EXCEPT IN CERTAIN CASES, AND PROVIDING THAT LANDLORDS MAY DEDUCT FROM THE TENANT SECURITY DEPOSIT DAMAGE TO A SMOKE ALARM OR CARBON MONOXIDE ALARM, AS RECOMMENDED BY THE NORTH CAROLINA CHILD FATALITY TASK FORCE. Summarized in Daily Bulletin 5/30/12 and 6/14/12. Enacted June 28, 2012. Effective December 31, 2012.

    Property and Housing
  • Bill S 77 (2011-2012)
    Summary date: Jun 14 2012 - View Summary

    House amendment makes the following change to 3rd edition.
    Deletes provision amending GS 42-51, which allowed a landlord to use a tenant’s security deposit to cover damage to a smoke or carbon monoxide alarm.

    Property and Housing
  • Bill S 77 (2011-2012)
    Summary date: May 30 2012 - View Summary

    House committee substitute makes the following changes to 2nd edition.
    Deletes all provisions in the previous edition and replaces them with AN ACT PROVIDING THAT AFTER DECEMBER 31, 2012, LANDLORDS SHALL, WHEN INSTALLING A NEW SMOKE ALARM OR REPLACING AN EXISTING SMOKE ALARM, INSTALL A TAMPER-RESISTANT, TEN-YEAR LITHIUM BATTERY SMOKE ALARM EXCEPT IN CERTAIN CASES, AND PROVIDING THAT LANDLORDS MAY DEDUCT FROM THE TENANT SECURITY DEPOSIT DAMAGE TO A SMOKE ALARM OR CARBON MONOXIDE ALARM, AS RECOMMENDED BY THE NORTH CAROLINA CHILD FATALITY TASK FORCE.
    Amends GS 42-42 to require a landlord installing a new smoke alarm or replacing an existing alarm after December 31, 2012, to install a tamper-resistant, 10-year lithium battery smoke alarm, unless the dwelling unit is equipped with a (1) hardwired smoke alarm with a battery backup or (2) smoke alarm combined with a carbon monoxide alarm that meets specified statutory requirements. Makes conforming changes. Amends GS 42-43 to add that a tenant is not required to replace an alarm battery of this type in the dwelling unit. Changes the term detector to alarm throughout the applicable statutes.
    Amends GS 42-51 to allow a tenant’s security deposit to be used to cover damage or destruction of a smoke or carbon monoxide alarm.
    Effective December 31, 2012.

    Property and Housing
  • Bill S 77 (2011-2012)
    Summary date: Mar 1 2011 - View Summary

    Senate committee substitute makes the following changes to 1st edition. Makes a technical change only.

    Criminal Law and Procedure
  • Bill S 77 (2011-2012)
    Summary date: Feb 16 2011 - View Summary

    Amends GS 90-89(5) to add MDPV to the list of Schedule I controlled substances, as title indicates. Amends GS 90-95(d)(1) (penalty for possessing Schedule I controlled substance as Class I felon) to add that if the controlled substance in possession is MDPV and the quantity of MDPV is 1 gram or less, then the violation is punishable as a Class 1 misdemeanor. Enacts new GS 90-95(h)(3d) to provide that any person who sells, manufactures, delivers, transports, or possesses 28 grams or more of MDPV or any mixture containing such substance will be guilty of the felony known as trafficking in MDPV and will be punished and penalized, according to quantity involved, as specified. Effective December 1, 2011, and applies to offenses committed on or after that date.

    Criminal Law and Procedure
    GS 90
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