CHAPTER 582
S.P. 753 - L.D. 2090
An Act to Clarify the Law Governing Unlawful Solicitation to Benefit Law Enforcement Agencies
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 25 MRSA §3701, sub-§6 is enacted to read:
6. Solicitation agent. "Solicitation agent" means a person or entity that receives payment for or retains any portion of the proceeds from soliciting. "Solicitation agent" includes, but is not limited to, a person or entity that receives or retains reimbursement for expenses related to soliciting.
This subsection is repealed February 1, 2004.
Sec. 2. 25 MRSA §3702-A, as enacted by PL 1991, c. 510, §2, is amended to read:
§3702-A. Solicitation unlawful
A person law enforcement agency, law enforcement association, law enforcement officer or solicitation agent may not solicit property from the general public when the property or any part of that property in any way tangibly benefits, is intended to tangibly benefit or is represented to be for the tangible benefit of any law enforcement officer, law enforcement agency or law enforcement association. Any violation of this chapter constitutes a violation of the Maine Unfair Trade Practices Act. This section is repealed February 1, 2004.
Sec. 3. 25 MRSA §3702-B is enacted to read:
§3702-B. Solicitation unlawful
A person may not solicit property from the general public when the property or any part of that property in any way tangibly benefits, is intended to tangibly benefit or is represented to be for the tangible benefit of any law enforcement officer, law enforcement agency or law enforcement association. A violation of this chapter constitutes a violation of the Maine Unfair Trade Practices Act. This section takes effect February 1, 2004.
Sec. 4. Report. The Attorney General, the Maine Sheriffs' Association, the Maine Chiefs of Police Association, the Maine State Troopers Association and the Maine Association of Police shall report their findings related to the change in the law enforcement solicitation law that allows persons to solicit the public for the tangible benefit of law enforcement as long as the solicitor has no financial interest in the solicitation to the joint standing committee of the Legislature having jurisdiction over criminal justice matters by May 1, 2003. Upon receiving that report and reviewing the current law, the committee may report out legislation to amend the law if necessary.
Sec. 5. Legislative intent. The Legislature finds that the compelling interests of the State underlying the laws governing solicitation by law enforcement officers are to eliminate the coercion that is inherent in many solicitations by or on behalf of law enforcement officers and to preserve public confidence in the integrity of law enforcement by prohibiting those solicitations in which those compelling interests are implicated.
The Legislature finds that at least the appearance of coercion inheres in every solicitation by a law enforcement officer or by a financially interested agent that represents to tangibly benefit law enforcement, and that the appearance of coercion undermines the integrity of the office. The Legislature further finds that there is no inherent coercion or appearance of coercion when the person soliciting has no financial interest at stake, because the person solicited will know that the person soliciting will not gain any tangible benefit from the solicitation and, consequently, will not be concerned with who donates. As a result, in this Act, the Legislature amends the law to allow solicitations by persons who gain no tangible benefit from the donation.
Effective July 25, 2002, unless otherwise indicated.
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