LD 1691
pg. 1
LD 1691 Title Page An Act To Strengthen the Charitable Solicitations Act Page 2 of 13
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LR 2487
Item 1

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

 
Sec. 1. 9 MRSA §5003, sub-§1, as amended by PL 1999, c. 386, Pt. A,
§2, is further amended to read:

 
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.

 
Sec. 2. 9 MRSA §5003, sub-§3, as amended by PL 1999, c. 221, §1, is
amended to read:

 
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.

 
Sec. 3. 9 MRSA §5003, sub-§4-B is enacted to read:

 
4-B.__Department.__"Department" means the Department of
Professional and Financial Regulation.

 
Sec. 4. 9 MRSA §5003, sub-§9, as amended by PL 1977, c. 654, §1, is
further amended to read:

 
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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