August 15, 1995
Hal D. Lingerfelt Commissioner of Banks
P.O. Box 29512 Raleigh, North Carolina 27626-0512
Re: Advisory Opinion — Transfer of Legal Counsel — N.C.G.S. § 53-96
Dear Commissioner Lingerfelt:
This will respond to your request for an opinion on an issue recently raised by the State Auditor
regarding the interpretation of the 1993 Session Laws transferring the legal counsel position (and
support staff) of the Banking Commission to the Department of Justice. Specifically the Auditor
questions whether a second attorney position on the Commission staff should also be transferred
to the Department of Justice. The Auditor suggests that the matter should be resolved by an
opinion of this office.
We have examined the relevant provisions of the 1993 Session Laws. Section 206(a) of Chapter
321 transferred to the Department of Justice "[t]he legal counsel and support staff of the Banking
Commission . . ." together with the funds, equipment, supplies, records and other property
necessary to support this position. Section 206(b) rewrote N.C.G.S. § 53-96 to provide that "[t]he
Attorney General shall assign an attorney on his staff to work full-time with the Banking
Commission." Chapter 561 of the 1993 Session Laws, at § 83, amended N.C.G.S. § 53-96 to
provide that the Commission shall reimburse the Department of Justice to support this position.
Two principles of statutory construction are relevant to our analysis of the foregoing provisions
of law. First, statutes which deal with the same subject matter must be construed in pari materia
and harmonized, if possible, to give effect to each. See, 27 Strong’s North Carolina Index, 4th,
Statutes § 27 (1994). Second, the controlling factor for interpreting any statute is the legislative
intent. See, 27 Strong’s North Carolina Index, 4th, Statutes § 29 (1994). Thus, while section
206(a) refers to the "legal counsel and support staff" of the Commission, sections 206(a) and (b)
of Chapter 321 transfer "the" attorney for the Banking Commission to the Department of Justice
and require the Attorney General to assign "an" attorney to the Commission. Likewise, the
reference to the attorney in Chapter 521 is in the singular. We conclude therefore that the
legislature intended to transfer only one attorney (and support staff) from the Banking
Commission to the Department of Justice.
We trust this responds to your inquiry. If we may be of further assistance, please do not hesitate
to let us know.
Andrew A. Vanore, Jr.
Chief Deputy Attorney General
Ann Reed
Senior Deputy Attorney General