Proposed Plan to Fight Racial Discrimination

Johnston County NAACP North Carolina Public Accommodation Law February 6, 2012

Rev. Dr. William J. Barber, II, President Mrs. Amina Turner, Executive Director

Proposal for

Atty. Irv Joyner, Legal Redress

Strategic Plan GOTV 2012 North Carolina NAACP

Atty. Jennifer Marsh, Legal Redress Coordinator Atty. Al McSurely, Communications Chair Dr. Gettys Cohen, President Johnston County Branch Timothy Hodges, Legal Redress Johnston County Branch Mrs. Stackhouse President, Robeson County Branch

I.

Summary This proposal is the goals and suggested strategy to introduce an idea, the Public Accommodations Bill (Law), to the House Representative and State Senators throughout North Carolina and to get the Bill signed into law.

This will be a great strategy to show who is for American Rights or Human Rights and who is not, who has a backbone for our US Constitution and who does not. This one strategic fight in this election year can be a means of power for the people.

Currently our First Amendment Right says we have the Right to Due Process.

There is a break in the process from county to state in North Carolina with our Right to Due Process. There is no office to send a grievance letter to that can enforce the law against Racial Discrimination committed by those in county or public offices.

Without a state based office to enforce the law, the federal law is being broken without any legal redress. Rights are being violated and lives are in danger every day. A society lives in terror of those in power with no one to police the violators.

For this reason we propose introducing the idea of the state having a Public Accommodations Law, an office to investigate it and enforce it.

We will have three Arms of P.O.W.E.R. We will need all three groups to work together to bring about the change we need.

People Organized Who Encountered Racial Discrimination Those who have been racially discriminated against

People Organized Who Eradicate Racial Discrimination Those who are advocates/lobbyist working to stop it

Public Officials Who Encumber Racial Discrimination Public Official who enact laws against racial Discrimination

II.

Strategic Plan “POWER”1st Arm People Organized Who Encountered Racial Discrimination We need signatures or letters of support from those who know racial discrimination all too well; those who have been discriminated against.

The general assembly meets in May 2012. We have until then to get letters and signatures of support from citizens, organizations.

Constituents o This is the backbone to the power that we will hold. Those whose rights have already been violated with stories to tell in public forums. If they want to support it ask them if they would be willing to 

Submit a 3 minute video or less of their story to our YouTube channel, which can be later used for a documentary

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If they would be willing to speak at press conferences

o North Carolina NAACP branches should currently have on file complainants that have experienced racial discrimination. Each branch will need to contact each complainant, ask them if they would like to support a public accommodations law that will give the state power to enforce the law against racial discrimination from public or private businesses. o We will need at least 2-5 complainants but there is no limit from each branch or county. With 100 counties in North Carolina that will give us 200-500 complainants, who need the law passed and enforced. It will show a portion of society that with the lack of the law in North Carolina, it encourages disorderly conduct and hostile and often too many times deadly environments. o Non-Complainants: We can take signatures from noncomplainants; local constituents who wish to support the bill, which know or understand the effects of racial discrimination.

Ask if they would be willing to 

Submit a 30 second video or less stating their support for a North Carolina Public Accommodations Law to our

YouTube channel, which can be later used for a documentary o We will need to run ads in newspapers, Craigslist, online, social media, radio, press conference in each media covered areas. 

Organizations/Advocacy Groups o We need to call, write or email all supporting organizations asking if we can put their organizations name down as a supporting organization for the bill. o We will need to run ads in newspapers, Craigslist, online, social media, radio, press conference in each media covered areas.

III.

NAACP Advocate/Lobbyist 2nd Arm People Organized Who Eradicate Racial Discrimination We need signatures or letters of support from public officials, this will take us calling and meeting with local Representatives, Senators, and Congressman and women.

A pre-written changeable letter to submit to them by mail or email will be provided. The email address and contact information for the public official will also be provided in this plan.

The general assembly meets in May 2012. We have until then to get letters and signatures of support from US Senators, US Representatives, State Representatives. We are asking that they support the Public Accommodations Bill.

We need to contact the list of public officials that are provided below with real complaint(s) that they have to act upon in a timely manner. o We will take all complaints submitted to the NAACP or affiliated advocacy groups that have complained, to school teachers, principles, or local police. o We will take all complaints submitted to the NAACP or affiliated advocacy groups that have complained to county level officials. o Highest ranking complaints will be those NAACP complainant who have already contacted any public office or public officials in any or all offices below asking for help: o Local Police Department 

Police Harassment

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Police Physical Assaults, Brutality

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Police No response to 911 Call

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Internal investigation not done or unjustly so

o School Board 

Public Employee Harassment

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Public Employee Physical Assaults, Brutality

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Public Employee No response to Call for help

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Internal investigation not done or unjustly so

o Sheriff Department 

Public Employee Harassment

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Public Employee Physical Assaults, Brutality

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Public Employee No response to Call for help

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Internal investigation not done or unjustly so

o Judicial Public Official 

Not allowing submission of evidence

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Not hearing cases

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Not allowing Public Officials to be charges with assaults or child abuse or neglect.

o Office of Civil Rights US Department of Education 

With our without Findings in their Favor

o The Department of Justice 

With or without Findings in their Favor

If complainant has already talked with other offices at the county level that have not taken action of any kind but did any of the following o Told complainant we cannot help you and referred them to another office o Gave the run around because other offices like the ACLU could not take complaint due to case load.

o Never returned the call or never responded by mail, but ignored the call for help altogether. o Delayed the response and as a result nothing was done or could be done If any of these systematic tactics of discouragement (that are linked to racial discrimination), have been done to the complainant, it has to be made clear to all other offices contacted by the NAACP Advocate/Lobbyist, from this point forward that even a delayed response for such a terroristic crime cannot be accepted.

You want to ask for a response from their office in writing if they cannot help you. o Document names, times, dated and what was said either by written notes, recorded conversations or have multiple witnesses listen to phone conversation which can be denied if no evidence can be presented. o A recorded phone conversation, which requires a speakerphone and a recording devise. It maybe one landline with speakerphone and cell phone with a video or voice recorder, it may take two cell phones, one on speaker phone and the other recording.

The goal is to get the bill passed into law, but in the process we will need to take noted of anyone or all public officials or public employees, from the person who answers the phone the gatekeepers; o Gatekeepers and their response to help 

If they gave you to the person you asked for and if not why not

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If they gave you additional information and if so to who or what office

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Was the information helpful or a waste of time, the run around

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If they made it hard for you to file the complaint by telling you, they cannot help you because you were shouting or they could not understand you or follow you

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They would not allow you to tell your story, they would not listen, but instead they kept asking questions before you could answer prior questions clearly. Causing irritation, confusion and frustration in communications.

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They did not see anything they could help you with they don’t handle such constituents complaints

o Assistants to those you asked for 

If they gave you to the person you asked for and if not why not

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If they gave you additional information and if so to who or what office

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Was the information helpful or a waste of time, the run around

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If they made it hard for you to file the complaint and said they cannot help you because you were shouting or they could not understand you or follow you

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They did not see anything they could help you with they don’t handle such constituents complaints

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They could not make appointment for the person you need to speak with.

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They never made sure you got to where you were trying to go

Strategic Plan “POWER” 3rd Arm

IV.

Public Officials Who Encumber Racial Discrimination We need signatures or letters of support. A pre-written changeable letter to submit to them by mail or email will be provided. The email address and contact information for the public official will also be provided in this plan.

The general assembly meets in May 2012. We have until then to get letters and signatures of support from US Senators, US Representatives, State Representatives. What we are asking is that they support the Public Accommodations Bill.

We need to contact the list of public officials that are provided below with real complaint(s) that they have to act upon in a timely manner.

This will allow us to know who will work for us in our community with our issues and who will not. This will be a good tool to use for the GOTV NAACP Campaign.

Asking for the Meeting with Public Officials 

Do not take NO for an answer, let them know you have a number or citizens that have complaints of racial discrimination and or Hate Crimes, (if you have both), and that it does not matter the date, this week or a month from now you need to speak with the Elected Public Offices, who is the representative for you and your complainants. Make clear you have a public issue that needs their attention and a face to face meeting is requested.

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They may try to push you off to a phone conversation by saying such and such is available now, would you like to speak with them, tell them no, it is more important that I meet with them. A meeting tells them how serious the situation is. Phone conversations are for much less important issues. This meeting is about someone life, livelihood, mind, hope and will. So it should be

met with that level of concern from the public official’s office. If not take carful notes of the treatment, nonchalant, dismissive or concerned.

Systematic racial discrimination is blowing a person off. We want to identify ALL persons who are guilty of discouragement. 

Keep notes how long it takes for the meeting to be set up

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Take the written letter into the meeting, you can read it to them or talk with them about it. Email it as well so they will have it to review before and after the meeting.

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The email will show a record of how long they have been made aware of the situation and it will show what they were made aware of for records because it shows date, sender, recipient and message.

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Bring at least 1-5 complainants with you to the meeting. If others cannot come but wish to be a part of the meeting, use a free conference number to have them on speaker phone or have a cell phone with speaker phone capabilities, also have a charger on hand just in case.

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At the meeting ask them if they will speak for or against the public accommodations bill.

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If they tell you they cannot support the bill, ask them to tell you why not in writing.

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If they tell you they need to think about it. “To have to think about it is almost supporting it, it is like doing nothing, who needs to think about if Racial Discrimination should be enforced? If they still will not give you an answer at the meeting tell them this meeting requires that you report back if they will support it , think about it, or will not support it today, ask them “So what should I write down here for you?”Write a note of it there in their face, repeat it out loud; such and such states today they are not sure if they will support the bill, period. Look up at them, end the meeting.

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If they say they can or will support the bill, ask them what do they need from you to pass the bill into law, and by what time frame.

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State to them!! Don’t ask!!: Great I will count on you speaking for the bill in May, thank you very much. Small talk, closing the meeting you got what you needed.

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The meeting is to get a yes or no that date. That is the one and only goal for the meeting.

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Add their names to a list of Public Official who support the Bill. For all those who had to think about it or said they will not speak for it send those names in and a press release will go out about, not mentioning names except those who said a definite no, but not all of them, to make the public aware on where they stand on the issue.

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For all those who do support the issue we will put their picture and information on our website North Carolina Elected officials against Racial Discrimination and for a Public Accommodations Law in North Carolina.

Create web site these stories let them tell the story mention school system county mention the name of the State wide account ability for state wide action Perpetuating racial discrimination unlawful action other unlawful actions whites, blacks, Hispanics Make noise use internet have a face story on youtube.com yet I could not get a real investigation if the local is not willing we need accountability is the word federal and state unlawful actions reach out Public Accountability drive of attention 2 year march Report cards of each person to state their stands Grandmother story to touch

The Civil Rights Act of 1964: Title II - Public Accommodation TITLE II--INJUNCTIVE RELIEF AGAINST DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION

Sec 201 (a) All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, and privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin. (b) Each of the following establishments which serves the public is a place of public accommodation within the meaning of this title if its operations affect commerce, or if discrimination or segregation by it is supported by State action: (1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence; (2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station; (3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and (4) any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment. (c) The operations of an establishment affect commerce within the meaning of this title if (1) it is one of the establishments described in paragraph (1) of subsection (b); (2) in the case of an establishment described in paragraph (2) of subsection (b), it serves or offers to serve interstate travelers or a substantial portion of the food which it serves, or gasoline or other products which it sells, has moved in commerce; (3) in the case of an establishment described in paragraph (3) of subsection (b), it customarily presents films, performances, athletic teams, exhibitions, or other sources of entertainment which move in commerce; and (4) in the case of an establishment described in paragraph (4) of subsection (b), it is physically located within the premises of, or there is physically located within its premises, an establishment the operations of which affect commerce within the meaning of this subsection. For purposes of this section, "commerce" means travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State, or between any foreign country or any territory or possession and any State or the District of Columbia, or between points in the same State but through any other State or the District of Columbia or a foreign country. (d) Discrimination or segregation by an establishment is supported by State action within the meaning of this title if such discrimination or segregation (1) is carried on under color of any law, statute, ordinance, or regulation; or (2) is carried on under color of any custom or usage required or enforced by officials of the State or political subdivision thereof; or (3) is required by action of the State or political subdivision thereof.

(e) The provisions of this title shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of subsection (b).

Sec 202All persons shall be entitled to be free, at any establishment or place, from discrimination or segregation of any kind on the ground of race, color, religion, or national origin, if such discrimination or segregation is or purports to be required by any law, statute, ordinance, regulation, rule, or order of a State or any agency or political subdivision thereof.

Sec 203 No person shall (a) withhold, deny, or attempt to withhold or deny, or deprive or attempt to deprive, any person of any right or privilege secured by section 201 or 202, or (b) intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person with the purpose of interfering with any right or privilege secured by section 201 or 202, or (c) punish or attempt to punish any person for exercising or attempting to exercise any right or privilege secured by section 201 or 202.

Sec 204 (a) Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 203, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved and, upon timely application, the court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case is of general public importance. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the civil action without the payment of fees, costs, or security. (b) In any action commenced pursuant to this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs, and the United States shall be liable for costs the same as a private person. (c) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has a State or local law prohibiting such act or practice and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no civil action may be brought under subsection (a) before the expiration of thirty days after written notice of such alleged act or practice has been given to the appropriate State or local authority by registered mail or in person, provided that the court may stay proceedings in such civil action pending the termination of State or local enforcement proceedings. (d) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided, That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty-day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliance.

Sec 205 The Service is authorized to make a full investigation of any complaint referred to it by the court under section 204(d) and may hold such hearings with respect thereto as may be necessary. The Service shall conduct any hearings with respect to any such complaint in executive session, and shall

not release any testimony given therein except by agreement of all parties involved in the complaint with the permission of the court, and the Service shall endeavor to bring about a voluntary settlement between the parties.

Sec 206 (a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described. (b) In any such proceeding the Attorney General may file with the clerk of such court a request that a court of three judges be convened to hear and determine the case. Such request by the Attorney General shall be accompanied by a certificate that, in his opinion, the case is of general public importance. A copy of the certificate and request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of the copy of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such court will lie to the Supreme Court.

In the event the Attorney General fails to file such a request in any such proceeding, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case.

It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited.

Sec 207 (a) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this title and shall exercise the same without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law. (b) The remedies provided in this title shall be the exclusive means of enforcing the rights based on this title, but nothing in this title shall preclude any individual or any State or local agency from asserting any right based on any other Federal or State law not inconsistent with this title, including any statute or ordinance requiring nondiscrimination in public establishments or accommodations, or from pursuing any remedy, civil or criminal, which may be available for the vindication or enforcement of such right.

How a Law is Made 1. Drafting of Bills A bill is a proposed law. It may be drafted by any competent person. The Legislative Services Commission's Bill Drafting Division drafts bills at the request of the members of the General Assembly. The Office of the Attorney General has the statutory duty to draft bills for the State departments and agencies generally, including the General Assembly. Thus, legislators have two separate offices to which they may turn for drafts of bills.

2. Introduction of Bills Only a member of the General Assembly may introduce a bill - that is, present it to the General Assembly for its consideration - and that member is called the bill's introducer or sponsor.

At the proper time during each daily session, the presiding officer announces "Introduction of Bills and Resolutions." A member wishing to introduce a bill has already filed the bill with the Principal Clerk on the previous legislative day when it received a bill number. The Reading Clerk reads aloud the name of the introducer, the bill number, and the bill title. At this point the bill has passed its first reading.

3. Reference to Committee Normally, when a bill is introduced, the Chair of the Rules and Operations of the Senate Committee for Senate bills and the Speaker of the House of Representatives for House bills name a committee to which the bill will be assigned for careful study and recommendation. If the committee approves the bill, it reports this fact and the bill is placed on the calendar - the daily schedule of business - for consideration by the full membership of the body. Changes to the bill called "amendments" may be recommended by the committee or may be proposed by any member from the floor.

4. Consideration by First House When the time comes for a consideration of the bill by the full membership of the house (Senate or House of Representatives), the Chair will recognize the sponsor of the bill or the chair of the committee which recommended the bill for passage. That person will explain the bill, and then any member who wishes to speak for or against the bill will be heard.

Sometimes there is lengthy and heated debate; sometimes there is virtually no debate at all.

After all who wish to be heard have spoken, a vote is taken. If the vote is favorable, the bill is said to have passed its second reading and moves to its third and final reading, at which time there may be more debate.

5. Consideration by Second House After a bill has passed its third reading in the house in which it was introduced, it is sent to the other house, where it goes through the same process as in the first house - that is, it is referred to committee, and if approved, is debated and voted on at the second and third readings on the floor.

6. Concurrence in Amendments It often happens that the second house will make changes in a bill which was passed by the house in which the bill originated. In such cases the bill must be returned to the house of origin with a request that that body concur in the changes. If the original house does concur, the bill is ready to be enrolled and signed into law.

If the original house objects to the amendments adopted in the other house, the two presiding officers may appoint members to a conference committee which seeks to reconcile the differences between the two houses. If the committee can agree upon the disputed subject, the committee reports to each house, and the two houses vote on the recommended text. If either house rejects the conference committee's recommendation, new members to the conference committee may be appointed to try again, otherwise the bill is defeated.

7. Enrollment, Ratification, and Publication After a bill passes both houses, it is enrolled. A clean copy, including all amendments, is prepared, with space for the signatures of the two presiding officers, and the governor, if necessary.

The enrolled copy is taken to each presiding officer during the daily session. Each officer signs the enrolled copy. When the second signature is affixed, the bill is said to have been ratified. If the bill is a local law, it becomes law at that point.

In November 1996, the citizens of North Carolina voted to amend the State Constitution to allow for a gubernatorial veto (Section 22 of Article II of the North Carolina Constitution).

All Public Bills other than bills making appointments, proposing constitutional amendments, or revising districts are presented to the Governor on the day following ratification for the Governor's approval or veto. If the Governor signs the bill or takes no action on the bill within ten days after presentation, the bill becomes law. After adjournment of the General Assembly, the Governor has 30 days to act on a bill. The Governor is required to reconvene the General Assembly if a bill is vetoed after adjournment, unless a written request is received and signed by a majority of the Members of both houses that it is not necessary to reconvene.

If the Governor vetoes a bill, the bill is returned to the original house where 3/5 of present and voting members can vote to override the veto. If the original house votes to override the veto, the bill is sent to the second house where 3/5 of present and voting members must also vote to override the veto before the bill can become law.

After it becomes law, the term "bill" is no longer used. The enrolled act or law is given a chapter number and is published under that number in a volume called "Session Laws of North Carolina."