(a) For the period following the election of the Governor of Guam in November of every fourth year beginning in 1970, the then incumbent Governor, if not the successful candidate, shall assist the Governor-elect in preparing for his new duties until he assumes office in January of the year following his election. Such assistance by the incumbent Governor shall include but not be limited to making available to the Governor-elect or his designees office space, office supplies, clerical assistance, and logistical support from other governmental agencies necessary for site and facility preparation, transportation, and security in conjunction with the inaugural celebration. In addition, the incumbent Governor shall assist the Governor-elect in acquainting the latter with the operation of the government with the end in view that the transition between administrations will go smoothly and not interrupt the orderly transaction of public affairs. All expenses authorized by this subsection (a) shall be paid out of the current operations budget of the Executive Branch of the government notwithstanding any other provisions of law or regulations to the contrary.

(b) The Governor-elect is authorized to appoint a Committee which shall assist him during the transition period between his election and his assumption of office. The Committee shall comprise of such members as the Governor-elect shall deem necessary and shall be an operating agency of the government and remain such for a period not to exceed 30 days after the assumption of office by the Governor-elect. The Committee shall have such duties as the Governor-elect may deem necessary for an orderly transition between administrations which shall include, but not be limited to, the preparation of the Governor-elect’s inaugural ceremony and celebration.

(c) Notwithstanding any provisions of law to the contrary, the Governor-elect, or delegates designated by him in writing, shall have exclusive authority to obligate or make commitments against any appropriation made to carry out the provisions of subsection

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(b) of this Section, and the Certifying Officer of the Department of Administration shall certify all obligations or expenditures made thereunder.

(d) The Chairman of the Committee, who shall be appointed by the Governor-elect, shall, not later than 30 days after the assumption of office by the Governor-elect, prepare and submit a written report to the Governor and the Legislature regarding the activities of the Committee, together with recommendations for improvement of transition between administrations as provided by the provisions of this Section.

(e) Notwithstanding any other provisions of law, in addition to utilizing government funds and in order to keep the use of public finds to a minimum, the Committee may accept monetary and in-kind donations for the purposes set out in this Section, and may deposit donations in a private bank account to be administered by the Committee. A report of the donations received and expenses paid shall be included in the report made pursuant to subsection (d) of this Section. All such donations, being made to an interim government agency, shall be tax deductible pursuant to § 170 of the Internal Revenue Code. Donations in excess of the amount needed to pay expenses of the Committee shall be the property of the Government of Guam and shall be deposited with the Treasury of Guam no later than thirty days after the assumption of office of the Governor-elect.

SOURCE: GC § 5010 added by P.L. 10-111 (Feb. 17, 1970); amended by P.L. 12-188 (Dec. 12, 1974). Subsection (e) added by P.L. 22-142:3(d) (Dec. 14, 1994).