Oops: Bill Signed Into Law Never Passed N.C. Senate

RALEIGH, N.C. — The
General Assembly learned Tuesday that a bill signed late last week into
law by Gov. Mike Easley actually never passed the Senate.

A
clerical mistake made it look as though a bill on auctioneer licensing
passed the Senate during a marathon session on Aug. 12, according to
Senate officials.

But the Senate never took up the measure.
Since it had already been approved by the House in May, the measure
went straight to Easley’s desk. It was signed into law Friday.

Senate Majority Leader Tony Rand, D-Cumberland, told his colleagues Tuesday morning of the mistake.

An
1895 state Supreme Court opinion determined that such a mistake can’t
be fixed simply by recalling the law back to the General Assembly.

The
measure has the force of law because it was signed by Easley and the
presiding officers of the House and Senate, said Gerry Cohen, director
of the General Assembly’s bill drafting division.

However, it could be challenged, so the General Assembly must pass another law repealing the erroneous law, Cohen said.

Before
leaving Tuesday, the Senate approved just such a bill that would repeal
the law. The House would have to agree to the repeal before it adjourns
for the year.