| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 9 MRSA §5003, sub-§1, as amended by PL 1999, c. 386, Pt. A, | §2, is further amended to read: |
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| | 1. Charitable organization. "Charitable organization" means | any person or entity, including any person or entity organized in | a foreign state, that is or holds itself out to be organized or | operated for any charitable purpose or that solicits, accepts or | obtains contributions from the public for any charitable purpose | and by any means, including, but not limited to, personal | contact, telephone, mail, newspaper advertisement, television or | radio. Status as a tax-exempt entity does not necessarily | qualify that entity as a charitable organization. A chapter, | branch, area office or similar affiliate or any person soliciting | contributions for any charitable purpose within the State for a | charitable organization that has its principal place of business | outside the State is considered a charitable organization for the | purposes of this Act. For purposes of this chapter, an | organization established for and serving bona fide religious | purposes is not a charitable organization. |
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| | Sec. 2. 9 MRSA §5003, sub-§3, as amended by PL 1999, c. 221, §1, is | amended to read: |
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| | 3. Commercial co-venturer. "Commercial co-venturer" means any | person who, for profit or other commercial consideration, is | regularly and primarily engaged in trade or commerce in this | State, other than in connection with the raising of funds for | charitable organizations or purposes, and who conducts, promotes, | underwrites, arranges or sponsors a sale, performance, event or | collection or and sale of donated goods or event of any kind that | is advertised in conjunction with the name of any charitable | organization. Any such person who will benefit in good will only | may not be considered a commercial co-venturer if the collection | and distribution of the proceeds of the sale, performance or | event, or the collection and sale of donated goods, are | supervised and controlled by the benefiting charitable | organization. |
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| | Sec. 3. 9 MRSA §5003, sub-§4-B is enacted to read: |
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| | 4-B.__Department.__"Department" means the Department of | Professional and Financial Regulation. |
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| | Sec. 4. 9 MRSA §5003, sub-§9, as amended by PL 1977, c. 654, §1, is | further amended to read: |
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| | 9. Professional fund-raising counsel. "Professional fund- | raising counsel" means any person who, for a flat fixed fee under | a written agreement or for a fee computed under a written |
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