§1051. Gubernatorial transition committee

1.  Definitions.  As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

A. "Commission" means the Commission on Governmental Ethics and Election Practices.   [IB 2015, c. 1, §1 (NEW).]

B. "Election cycle" means the period beginning on the day after the general election for any state, county or municipal office and ending on the day of the next general election for that office.   [IB 2015, c. 1, §1 (NEW).]

[IB 2015, c. 1, §1 (NEW).]

2.  Transition and inaugural activities; funding.  A person may solicit and accept donations for the purpose of financing costs related to the transition to office and inauguration of a new Governor. A person who accepts donations for these purposes must establish a committee and appoint a treasurer who is responsible for keeping records of donations and for filing a financial disclosure statement required by this section. All donations received must be deposited in a separate and segregated account and may not be commingled with any contributions received by any candidate or political committee or any personal or business funds of any person. An individual who has served as a treasurer of any candidate committee or political action committee in the same election cycle may not serve as treasurer of a gubernatorial transition committee.

[IB 2015, c. 1, §1 (NEW).]

3.  Registration with the commission and financial disclosure statement.  A committee established pursuant to this section shall register and file a financial disclosure statement with the commission as required by this subsection.

A. The committee shall register with the commission within 10 days after appointment of a treasurer. The registration must include the name and mailing addresses of the members of the committee, its treasurer and all individuals who are raising funds for the committee.   [IB 2015, c. 1, §1 (NEW).]

B. The financial disclosure statement must contain the names, addresses, occupations and employers of all donors who have given money or anything of value in a total amount exceeding $50 to the committee, including in-kind donations of goods or services, along with the amounts and dates of the donations. Donors who have given donations with a total value of $50 or less may be disclosed in the aggregate without itemization or other identification.   [IB 2015, c. 1, §1 (NEW).]

C. Any outstanding loan, debt or other obligation of the committee must be disclosed as a donation.   [IB 2015, c. 1, §1 (NEW).]

D. The financial disclosure statement must identify the amounts, dates, payees and purposes of all payments made by the committee.   [IB 2015, c. 1, §1 (NEW).]

E. An interim financial disclosure statement must be filed by 5:00 p.m. on January 1st following the gubernatorial election and must be complete as of 10 days prior to that date. The final financial disclosure statement must be filed by 5:00 p.m. on February 15th following the gubernatorial election and must be complete as of that date.   [IB 2015, c. 1, §1 (NEW).]

[IB 2015, c. 1, §1 (NEW).]

4.  Limitation on fund-raising activity.  A committee established pursuant to this section may accept donations until January 31st of the year following the gubernatorial election.

[IB 2015, c. 1, §1 (NEW).]

5.  Prohibited donations during a legislative session.  A committee established pursuant to this section may not directly or indirectly solicit or accept a donation from a lobbyist, lobbyist associate or employer during any period of time in which the Legislature is convened before final adjournment. A lobbyist, lobbyist associate or employer may not directly or indirectly give, offer or promise a donation to a committee established pursuant to this section during any period of time in which the Legislature is convened before final adjournment.

[IB 2015, c. 1, §1 (NEW).]

6.  Anonymous donations.  A committee established pursuant to this section may not accept an anonymous donation in excess of $50.

[IB 2015, c. 1, §1 (NEW).]

7.  Disposing of surplus funds.  Prior to the filing of the final financial disclosure statement under subsection 3, paragraph E, any surplus funds remaining in the committee's account must be refunded to one or more donors, donated to a charitable organization that qualifies as a tax-exempt organization under 26 United States Code, Section 501(c)(3) or remitted to the State Treasurer.

[IB 2015, c. 1, §1 (NEW).]

8.  Rulemaking.  The commission may establish by routine technical rule, adopted in accordance with Title 5, chapter 375, subchapter 2-A, forms and procedures for ensuring compliance with this section.

[IB 2015, c. 1, §1 (NEW).]

9.  Enforcement and penalty.  The commission shall administer and enforce this subchapter. A person who violates this subchapter is subject to a civil penalty not to exceed $10,000, payable to the State and recoverable in a civil action.

[IB 2015, c. 1, §1 (NEW).]

SECTION HISTORY

IB 2015, c. 1, §1 (NEW).