LD 1948
pg. 1
LD 1948 Title Page An Act Relating to Unfair Competition Between Nonprofit Organizations and Small... Page 2 of 2
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LR 2145
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 10 MRSA c. 229 is enacted to read:

 
CHAPTER 229

 
UNFAIR COMPETITION BY

 
NONPROFIT ORGANIZATIONS

 
§1500-M.__Unfair competition prohibited

 
1.__Prohibitions.__A nonprofit organization may not:

 
A.__Fund, capitalize, guarantee the indebtedness of, lease
obligations of or subsidize a for-profit business that is
unrelated to the organization's purpose as stated in that
organization's articles of incorporation, bylaws or other
governing legal document; or

 
B.__Provide services or goods unrelated to the
organization's purpose as stated in that organization's
articles of incorporation, bylaws or other governing legal
document to the general public at a price that is at least
15% lower than the price at which those services or goods
are available through businesses with 25 or fewer employees.

 
2.__Exceptions.__The following are not violations of
subsection 1, paragraph B:

 
A.__Providing goods or services to an employee, a staff
member, an alumnus or alumna, a faculty member, a member, a
student, a client, a volunteer, a patient or a resident of a
nonprofit organization, except if such a person's sole
relationship with that organization is to receive the
products or services;

 
B.__Providing goods or services to the general public at no
charge or reduced charge based upon income or need;

 
C.__Investing in real estate, publicly traded securities or
other investments;

 
D.__Providing financial or other support for other nonprofit
organizations; or

 
E.__Providing goods or services at a price that is at least
15% lower than the price at which those goods are available
through businesses with 25 or fewer employees if that price
is the same as or higher than the price at which the same
goods or services are available from any for-profit
business.


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