North Carolina § 120-104 - Advisory opinions.

§ 120-104. Advisory opinions.

At the request of any member of the General Assembly, the Committee shall render formal advisory opinions on specific questions involving legislative ethics. The Committee shall receive and review recommended advisory opinions issued to legislators, except the Lieutenant Governor, by the State Ethics Commission under G.S. 138A-13. The opinion shall not be considered a formal advisory opinion until the advisory opinion is adopted by the Committee. The Committee may modify or overrule the recommended advisory opinions issued to legislators by the State Ethics Commission, and the final action on the opinion by the Committee shall control. A legislator who acts in reliance on a formal advisory opinion issued by the Committee under this section shall be entitled to the immunity granted under G.S. 138A-13(e). Staff to the Committee may issue informal, nonbinding advisory opinions under procedures adopted by the Committee. The Committee may interpret this Article and Chapter 138A of the General Statutes as it applies to legislators, except the Lieutenant Governor, and these interpretations are binding on all legislators upon publication. The Committee shall submit its formal advisory opinions to the State Ethics Commission, and the State Ethics Commission shall publish the Committee's opinions under G.S. 138A-13(h). The Committee shall edit for publication purposes as necessary to protect the identities of the individuals requesting opinions prior to submission to the State Ethics Commission. The Committee may distribute the edited formal advisory opinion to members of the General Assembly prior to publication by the State Ethics Commission. Except as provided under subsection (f) of this section, a request made by a legislator to the Committee for an advisory opinion, advisory opinions issued under this section, recommended advisory opinions received from the State Ethics Commission, and any supporting documents submitted or caused to be submitted to the Committee in connection with requests for advisory opinions or recommended advisory opinions are confidential. Neither the identity of the legislator making the request nor the existence of the request may be revealed to any person without the consent of the legislator. A legislator requesting or receiving an advisory opinion may authorize the release to any other person, the State, or any governmental unit of the request, the recommended advisory opinion, the advisory opinion, or any supporting documents. Requests for advisory opinions may be withdrawn by the requestor at any time prior to the issuance of an advisory opinion. For purposes of this section, "document" is as defined in G.S. 120-129. Requests for advisory opinions, recommended advisory opinions, advisory opinions issued by the Committee, and any supporting documents are not "public records" as defined in G.S. 132-1 . History (1975, c. 564, s. 1; 2006-201, s. 13; 2007-347, s. 3; 2007-348, ss. 5, 6; 2008-213, s. 2(a); 2010-169, s. 22(e); 2013-146, s. 2; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.) Re-recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes. Pursuant to this authority, the Revisor substituted "Bipartisan State Board of Elections and Ethics Enforcement" for "State Ethics Commission" and updated the statute references throughout this section. Session Laws 2018-146, ss. 3.1(a), (b) and 6.1, repealed Session Laws 2017-6, s. 3, and authorized the Revisor of Statutes to re-recodify Chapter 163A into Chapters 163, 138A, and 120C and to revert the changes made by the Revisor pursuant to Session Laws 2017-6, s. 3. Pursuant to this authority, the Revisor of Statutes reverted the changes to the references in this section. Editor's Note. - Session Laws 2008-213, s. 2(d), provides: "This section [which rewrote subsection (g)] is effective January 1, 2007, and applies to requests made on and after that date." Session Laws 2013-146, s. 3, made the amendment to subsection (e) by Session Laws 2013-146, s. 2, applicable to Advisory Opinions issued by the Legislative Ethics Committee on or after January 1, 2007. Effect of Amendments. - Session Laws 2006-201, s. 13, effective January 1, 2007, designated the existing provisions as subsection (a); in subsection (a), inserted "formal" in the middle of the first sentence, and deleted the former last sentence which read: "These advisory opinions, edited as necessary to protect the identity of the legislator requesting the opinion, shall be published periodically by the Committee."; and added subsections (b) through (g). Session Laws 2007-347, s. 3, effective August 9, 2007, substituted "G.S. 138A-13(b)" for "G.S. 138A-13(a)" in subsection (c). Session Laws 2007-348, ss. 5 and 6, effective August 9, 2007, added the last two sentences in subsection (f); and added subsection (h). Session Laws 2008-213, s. 2(a), rewrote subsection (g), which formerly read: "Except as provided under subsection (f) of this section requests for advisory opinions, advisory opinions issued under this section, and advisory opinions received from the State Ethics Commission are confidential and not matters of public record." See Editor's Note for effective date and applicability. Session Laws 2010-169, s. 22(e), effective August 2, 2010, substituted "G.S. 138A-13(b1)" for "G.S. 138A-13(b)" in subsection (c).