1. Solicitation of contributions. Any person or entity to solicit contributions from a prospective donor without fully disclosing to the prospective donor, at the time of solicitation but prior to the request for contributions, the name and address of the charitable organization for which the solicitation is being conducted; and.

2. Solicitation by a professional charitable fund raiser. Any professional fund-raising counsel, professional solicitor or commercial coventurer, or any of its agents or persons acting on its behalf, to solicit contributions from a prospective donor without fully disclosing to the prospective donor at the time of solicitation but prior to the request for contributions:

A. The name and address of the professional fund-raising counsel, professional solicitor or commercial coventurer; and

B. The following statement:

"(Insert name of professional fund-raising counsel, professional solicitor or commercial coventurer) is a professional charitable fund raiser."

A charitable organization that employs a commercial co- venturer to solicit goods through the placement of containers in public places shall post the disclosure required in this section in writing that is clearly visible to a person placing a contribution in the container.

This section does not apply to a national bank, a federal savings bank, a subsidiary of a national bank or federal savings bank or any other financial institution or credit union chartered under the laws of the United States or any state and subject to supervision and regulation by a federal financial regulatory agency.

Sec. 17. 9 MRSA §5012-A, as enacted by PL 1999, c. 221, §4, is amended to read:

§5012-A. Commercial co-venturer disclosure

A commercial co-venturer who is engaged in the solicitation of goods is guilty of a deceptive and prohibited practice if that commercial co-venturer charges a charitable organization a sum of money for the goods and the co-venturer's services in the collection of those goods that far exceeds the fair market value of those goods and services. Such an action constitutes a fraud