§ 120-104. Advisory opinions. - North Carolina Statutes

§ 120‑104.  Advisoryopinions.

(a)        At the request ofany member of the General Assembly, the Committee shall render formal advisoryopinions on specific questions involving legislative ethics.

(b)        The Committee shallreceive and review recommended advisory opinions issued to legislators, exceptthe Lieutenant Governor, by the State Ethics Commission under G.S. 138A‑13.The opinion shall not be considered a formal advisory opinion until theadvisory opinion is adopted by the Committee. The Committee may modify oroverrule the recommended advisory opinions issued to legislators by the StateEthics Commission, and the final action on the opinion by the Committee shallcontrol.

(c)        A legislator whoacts in reliance on a formal advisory opinion issued by the Committee underthis section shall be entitled to the immunity granted under G.S. 138A‑13(b).

(d)        Staff to theCommittee may issue informal, nonbinding advisory opinions under proceduresadopted by the Committee.

(e)        The Committee mayinterpret Chapter 138A of the General Statutes as it applies to legislators,except the Lieutenant Governor, and these interpretations are binding on alllegislators upon publication.

(f)         The Committeeshall submit its formal advisory opinions to the State Ethics Commission, and theState Ethics Commission shall publish the Committee's opinions under G.S. 138A‑13(d).The Committee shall edit for publication purposes as necessary to protect theidentities of the individuals requesting opinions prior to submission to theState Ethics Commission. The Committee may distribute the edited formaladvisory opinion to members of the General Assembly prior to publication by theState Ethics Commission.

(g)        Except as providedunder subsection (f) of this section, a request made by a legislator to theCommittee for an advisory opinion, advisory opinions issued under this section,recommended advisory opinions received from the State Ethics Commission, andany supporting documents submitted or caused to be submitted to the Committeein connection with requests for advisory opinions or recommended advisoryopinions are confidential. Neither the identity of the legislator making therequest nor the existence of the request may be revealed to any person withoutthe consent of the legislator. A legislator requesting or receiving an advisoryopinion may authorize the release to any other person, the State, or anygovernmental unit of the request, the recommended advisory opinion, theadvisory opinion, or any supporting documents.

For purposes of this section,"document" is as defined in G.S. 120‑129. Requests for advisoryopinions, recommended advisory opinions, advisory opinions issued by theCommittee, and any supporting documents are not "public records" asdefined in G.S. 132‑1.

(h)        Requests for advisoryopinions may be withdrawn by the requestor at any time prior to the issuance ofan advisory opinion.  (1975, c. 564, s. 1; 2006‑201, s. 13; 2007‑347, s. 3; 2007‑348,ss. 5, 6; 2008‑213, s. 2(a).)