An Act To Strengthen the Charitable Solicitations Act
Maine Legislature, Session 121, LD 1691
Committee: Business, Research and Economic Development
Sponsors: BROMLEY, SMITH, AUSTIN, COWGER, DUDLEY, NORBERT, ROGERS, SULLIV AN
Amends: 9 MRSA §5003, 9 MRSA §5004, 9 MRSA §5007, 9 MRSA §5008, 9 MRSA §5009, 9 MRSA §5012, 9 MRSA §5012-A

Legislative Document 
No. 1691 
S.P.623 
In Senate, December 17, 2003 
An Act To Strengthen the Charitable Solicitations Act 
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204. 
Received by the Secretary of the Senate on December 16, 2003. Referred to the Committee 
on Business, Research and Economic Development pursuant to Joint Rule 308.2 and ordered 
printed pursuant to Joint Rule 401. 
Presented by Senator BROMLEY of Cumberland. 
Cosponsored by Representative SMITH of Monmouth and 
JOY J. O'BRIEN 
Secretary of the Senate 
Representatives: AUSTIN of Gray, COWGER of Hallowell, DUDLEY of Portland, 
NORBERT of Portland, ROGERS of Brewer, SULLIV AN of Biddeford. 
Printed on recycled paper 
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 orqanization. "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, 
§l, is amended to read: 
3. 
CODDercial co-venturer. "Commercial co-venturer" means 
any person who, for profit eF-~~-~~~~-aaasiaeFa~ieH, 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 
conductsT-~Feme~esT 
~HaeFwFi~esT-~~~-~~-s~eHseFs a sale, performance, event or 
collection eF and sale of donated goods eF-eveH~-e~-aHy-kiHa 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, 
§l, is further amended to read: 
9. 
Professional 
fund-raisinq 
counsel. 
"Professional 
fund-raising counsel" means any person whoT-.fe.£--a--f-1a-t--t-i-lfed.-~ee 
~HaeF-~~-i-t~~-~~a~-eF-~~-~-fee-€e~~e4-~--a-wFi~~eH 
Page l-LR2487(1) 
a~~eemeRt-e~-~~~~~~-FYReS-a€t~aJJy-~~~~~-~~-&&-~aiseeT 
e~-~e~-~~-~~~~&&iG&~a~iG&-ef-a~Y-~~~~--~~&~r-~~aRsT 
eeReyetsT-~-~~~~-eRT-~~~~-aets-~~-eeRSY~taRtT 
wRetRe~-~~~~-~--iReiEe€tJY7--~&-~~-wi~~-se~ieitiR~ 
eeRtFisYtieRs-~~-~-~&-sehalF-~-~~~~~-eF~aRiBatieR is 
retained, for compensation, by a charitable organization to plan, 
manage, advise or provide consultation services with respect to 
the solicitation in this State of contributions, but who does not 
solicit 
contributions, 
has 
neither 
custody 
nor 
control 
of 
contributions and does not directly or indirectly employ, procure 
or engage any person compensated to solicit contributions. 
A 
bona 
f ide 
sala~iee---o-f-t-~---eF---efAP-~--ef--~--ehaFitasle 
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shal~-~-se-~-te-~-~-p~~&&iG&al-~~~~~-eeYRsel 
YR~eSS-~f:J.a~--pe-r-s-on-'-s--s-a-l-a-~-eF-etheE-~~-E>n--+S-~p~t;.eG-eR· 
the--&a&~&-~--~~-~~-se--Fa~see-~~-~~~~-~~~-e£--the 
seFviees-pe£~e~meQ-~~~-p&~~&-aFe-pe~~e~meQ--E>n-~~~~-seme 
eF~aRiBatieR-~~--~ha&-tf:J.e-~-whieh-~~-~ha~-pe££e~-~--a 
eha~teFr--~a~€f:J.--~---a~~~l~a~--theEeef 
nontemporary 
salaried 
officer 
or 
employee 
of 
a 
chari table 
organization 
is 
not 
considered to be 
a professional fund-raising counsel. 
We 
An 
attorney, investment counselor or banker who advises any person 
to make 
a contribution to a charitable organization shaJJ--se 
eeemee is not, as the result of such advice, te-se a professional 
fund-raising counsel. 
Sec. 5. 9 MRSA §5004, sub-§3, ,N, as repealed and replaced by 
PL 1979, c. 678, §S, is amended to read: 
N. 
The total amount of money received as 
during the organization's preceding fiscal 
dates of the fiscal year; aRe 
contributions 
year 
and 
the 
Sec. 6. 9 MRSA §5004, sub-§3, ,0, as enacted by PL 1977, c. 
488, §1, is amended to read: 
§§2 
O. 
The estimated percentage of each dollar contribution 
whieh that will be expended in MaineT; and 
Sec. 7. 9 MRSA §5004, sub-§3, F is enacted to read: 
P. 
A determination letter from the federal Internal Revenue 
Service, confirming the tax exempt status of the charitable 
organization. 
Sec. 8. 9 MRSA §5004, sub-§4, as amended by PL 2001, c. 323, 
and 3, is repealed and the following enacted in its place: 
4. 
Renewal of registration as charitable organization. 
The 
following provisions govern the application and qualifications 
for renewal of a registration as a charitable organization. 
A. 
A person or entity that holds a valid registration must 
submit to the office a 
completed application for renewal 
prior to the date of expiration of the registration. 
A 
registration expires on the stated date of expiration. 
The 
department 
shall 
mail 
an 
application 
form 
to 
the 
registrant's last known address not less than 30 days prior 
to the expiration date of the current registration. 
B. 
An application may not be considered for approval until 
it is complete. 
If the application is 
incomplete, 
the 
applicant must include a letter documenting the specific 
reasons the application is incomplete. 
If that letter is 
not included, the incomplete application must be returned 
for completion. 
C. 
A charitable organization that submits an application 
for renewal after the expiration date must include with the 
application: 
(1) 
A financial 
report covering the most 
recently 
audited fiscal year; 
(2) 
The required filing fee and the required fee for 
renewal of registration; and 
(3) 
A completed application. 
D. 
The 
complete 
packet 
for 
renewal 
of 
registration 
application must include all the requirements identified in 
subsection 3 as well as the following: 
(1) 
An audited financial statement, including federal 
Internal Revenue Service 990 and Schedule A forms or a 
EZ 
form. 
Failure to file an audited financial 
statement of the organization's most 
recent audited 
fiscal year may be grounds for disciplinary action as 
provided under Title 10, section 8003, 
subsection 5. 
The office shall adopt rules governing the content of 
the 
audited 
financial 
statement. 
Rules 
adopted 
pursuant to this subparagraph are routine technical 
rules pursuant to Title 5, chapter 375, subchapter 2-Aj 
and 
(2) 
The nonrefundable fee for renewal of registration 
plus 
the 
required 
filing 
fee 
for 
charitable 
organizations 
receiving 
more 
than 
$30,000 
in gross 
contributions. 
Sec. 9. 9 MRSA §SOOS, as amended by PL 2001, c. 323, §4, is 
repealed. 
Sec. to. 9 MRSA §SOOS-B is enacted to read: 
§5005-B. Annual fund-raising activity reports to be filed by 
charitable organizations 
1. 
CQnt~nt Qf 
r~port. 
A charitable Qrggnization shall 
submit tQ the office an annual fund raising activity re12Qrt that 
refl!;!~ts gata 
frQm 
th!;! 
12receding 
calendar year, 
on 
a 
form 
r !;!scrib!;!g 
by 
th!;! 
Qffice, 
at 
least 
gO 
days 
12rior 
tQ 
the 
registration e X12iration date. 
The 
re12Qrt 
must 
state, 
at 
a 
minimum, th!;! fQllQwing: 
A. 
The charitable organization's mailing agdress, tel!;!12hone 
number and r!;!gistration number: 
B. 
Th!;! 
name, 
mailing 
address, 
tele12hone 
number 
and 
registratiQn 
number 
of 
each 
12rofessional 
solicitor, 
12rQf!;!ssional fund raising couns!;!l ang commercial co-venturer 
with which the charitable organizatiQn contracts: 
C. 
The date of each fund-raising cam12aignj 
D. 
The total dQllar amount raised during each fund-raising 
cam12aign: 
E. 
The total dollar amount 
received by the charitable 
organization from each fund-raising cam2aign and for the 
F. 
The total dollar amount retained by any 12rofessional 
sQlicitor from each fund-raising cam12aign and for the year: 
G. 
The total amount 2aid to any 2rofessional fund ra~s~ng 
counsel from each fund-raising cam2aign and for the yearj and 
H. 
The 
total 
amount 
received 
from 
any 
commercial 
co-v!;!ntur!;!r from each fund-raising cam12aign and for the year. 
2. 
Failure to file: discrepancies. 
Failure to file the 
annual fund-raising activity re20rt required under this s!;!ction 
or 
gisagreem!;!nt 
between 
the 
re120rt 
fileg 
by 
the 
charitable 
organizatiQn and that submitted by the 12rofessional solici tor, 
12r ofessional fund-raising counselor comm!;!rcial co venturer with 
which the chari table organization has contract!;!d may result in 
disciplinary action as provided under Title 10, section 8003, 
subsection 5. 
3. 
Contracting with unregistered entities prohibited. 
A 
charitable organization may not contract with an unregistered 
professional 
solicitor, 
professional 
fund-raising 
counselor 
commercial 
co-venturer. 
A violation of this 
subsection may 
result in disciplinary action as provided under Title 10, section 
8003, subsection 5. 
Sec. 11. 9 MRSA §5007, first~, as amended by PL 1981, c. 456, 
Pt. A, §3l, is further amended to read: 
ABy 
A 
charitable organization, 
FFaEessiaBal--EaBa-FaisiB~ 
eaaBselT 
professional 
solicitor, 
professional 
fund-raising 
counselor commercial co-venturer having its principal place of 
business without the StateL 
or organized under and by virtue of 
the laws of a foreign state, wHieH that solicits contributions 
from the people in this State by whatever means, including, but 
not limited to, 
personal contact, 
telephone, 
mail, 
newspaper 
advertisement, 
television or 
radio, 
or acts 
on behalf of 
a 
charitable organization in this State, sHall-ae is deemed to have 
irrevocably appointed the commissioner as its agent upon whom may 
be served any summons, subpoena, subpoena duces tecum or other 
process directed to such Q charitable organization, FFaEessiaBal 
EaBa-FaisiB~---eaaBselT 
professional 
solicitor, 
professional 
fund-raising counselor commercial co-venturer or to any partner, 
principal, 
officer 
or 
director 
thereof, 
in 
any 
action 
or 
proceeding brought by the Attorney General under this chapter. 
Sec. 12. 9 MRSA §5008, as amended by PL 2001, c. 323, §§6 and 
7, is further amended to read: 
§5008. Registration renewal, records and reporting by professional 
solicitors, professional fund-raising counsel and 
commercial co-venturers 
1. 
Registration. 
A person or entity may not act as 
a 
FFaEessieBal-~~~~~-eaaBselT a professional 
solicitor~ 
professional fund-raising counselor a 
commercial 
co-venturer 
before that person or entity has registered with the office. 
Applications 
for 
registration 
or 
reregistration 
must 
be 
in 
writing, under oath, in the form prescribed by the office and 
accompanied by an application fee and a registration fee. 
The 
application fee is nonrefundable. 
The applicant shall, at the 
time of making application for registration or reregistration, 
file with and have approved by the office a bond, in which the 
applicant must 
be 
the 
principal 
obligor 
and 
the 
State 
the 
Obligee, in the sum of $25,000, with one or more responsible 
sureties whose liability in the aggregate as such sureties at 
.. 
least equals that sum. 
The bond runs to any person or entity who 
may have a cause of action against the principal obligor of the 
bond 
for 
any malfeasance 
or misfeasance 
in the 
conduct 
of 
charitable solicitation in this State. 
Registration is for a 
period of one year. 
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Ee~yiEemeB~s-e~-~i~le-a67-ehap~eE-9-8T 
I-A. 
Renewal of registration as professional solicitor, 
professional fund-raisinq counselor commercial co-venturer. 
The 
following provisions govern application and qualification for 
renewal registration as 
a professional solicitor, professional 
fund-raising counselor commercial co-venturer. 
A. 
An entity that holds a valid registration must submit a 
completed 
application 
for 
renewal 
before 
the 
date 
of 
expiration of the registration. 
A registration expires on 
the stated date of expiration. 
The office mys~ .§Mil mail 
an application form to the registrant's last known address. 
B. 
An application may not be considered for approval until 
complete. 
If the application is incomplete, the applicant 
must include a letter documenting the specific reasons 
~eE 
~he--~aG9ffip~e~eBess the application is incomplete. 
If no 
such letter is included, the incomplete application must be 
returned for completion. 
C. 
The complete application packet must include: 
(1) 
All forms required in this section; 
(2) 
A bond approved by the department in the sum of 
$25,000 with one or more responsible sureties whose 
liability in the aggregate as such sureties at least 
equals that sum. 
The bond must expire on the stated 
date of expiration and be kept on file in the office 
for 3 years; and 
(3) 
A $200 renewal of registration fee. 
D. 
A 
professional 
solicitor, 
professional 
fund-raising 
counselor 
commercial 
co-venturer 
~ha~ who 
submits 
an 
application for renewal of registration after the expiration 
date must submit: 
(1) 
A bond in the sum of $25,000 that expires on the 
stated date of expiration; 
(2) 
A renewal of registration fee; and 
(3) 
The completed original application. 
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2. 
Records. 
A 
~~efessieBal---~~~~~---eeYBse*T 
professional 
solicitor, 
professional 
fund-raising 
counselor 
commercial co-venturer shall maintain accurate and complete books 
and records of fund-raising activities and telephone solicitation 
scripts and shall keep those books and records available for 
inspection by the Attorney General or the office for a period of 
years after the conclusion of each specific instance in which 
that 
person 
acts 
as 
a 
~~efessieBa*--~~~~~--eeYBse*T 
professional 
solicitor, 
professional 
fund-raising 
counselor 
commercial co-venturer. 
3-A. 
Annual fund-raising activity reports to be filed by 
professional solicitors. professional fund-raising counsel and 
cOdlllercial co-venturers. 
Filing of annual fund-raising activity 
reports by professional solicitors, professional fund-raisers and 
commercial co-venturers is governed by this subsection. 
A. 
Each professional solicitor, professional fund-raising 
counselor commercial co-venturer shall file with the office 
an annual fund-raising activity report on a form prescribed 
by the office at least 60 days prior to the registration 
expiration date 
that 
reflects 
data 
from 
the 
preceding 
calendar year. 
The report must state, at a minimum, 
the 
following: 
(1) 
The name, mailing address, telephone number and 
registration 
number 
of 
the 
professional 
solicitor, 
professional 
fund-raising 
counselor 
commercial 
co-venturer making the report; 
(2) 
The 
mailing 
address, 
telephone 
number 
and 
registration 
number 
of 
each charitable organization 
with 
which 
the professional solicitor. 
professional 
fund-raising 
counselor 
commercial 
co-venturer 
has 
contracted; 
(3) 
The date of any fund-raising campaign in which the 
professional 
solicitor, 
professional 
fund-raising 
counselor commercial co-venturer was involved; 
( 4) 
The 
total 
dollar 
amount 
raised 
during 
each 
fund-raising campaign; 
(5) 
The total dollar amount remitted to the charitable 
organization from each fund-raising campaign and for 
the year; 
(6) 
The 
total 
dollar 
amount 
retained 
by 
the 
professional solicitor from each fund-raising campaign 
and for the year; 
(7) 
The 
total 
dollar 
amount 
received 
by 
the 
professional 
fund-raising 
counsel 
from 
each 
fund-raising campaign and for the year; and 
(8) 
The total dollar amount remitted by the commercial 
co venturer from each fund raising campaign and for the 
~ 
B •. Failure to file the annual fund ral.sl.ng activity report 
or disagreement between that report and the report submitted 
by the charitable organization with which the professional 
solicitor, professional fund raising counselor commercial 
co venturer has contracted may result in disciplinary action 
as provided under Title 10, section 8003, subsection 5. 
C. 
Contracting with an unregistered entity is prohibited 
and may result in disciplinary action as provided under 
Title 10, section 8003, subsection 5. 
4. 
Exemption. 
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. 13. 9 MRSA §5009, sub-§!, as enacted by PL 1999, c. 386, 
Pt. A, §17, is amended to read: 
1. 
Contracts to be filed. 
All contracts entered into 
between 
a--p£~~~~--~~~~~--ee~BselT a 
professional 
solici tor, a professional fund-raising counselor a commercial 
co-venturer and any charitable organization, whether or not the 
organization is exempted under section 5006, must be in writing, 
and a true and correct copy of each contract must be filed by the 
pF9fessi9Bal---f~Ba-FaisiB~---e9~BselT 
professional 
solicitorL 
professional fund-raising counselor commercial co-venturer who 
is a party to the contract with the office before services are 
performed under the contract. 
The contract must contain the 
following PF9visieas: 
A. 
A statement of the charitable purpose 
for 
which 
a 
solicitation campaign is being conducted; aBa 
B. 
A In the case of a professional solicitor. a statement 
of the percentage of gross proceeds collected to be paid to 
the charitable organizationT~ 
C. 
The signatures and legibly printed or typed names of 
individuals representing the contracting parties. 
True and correct copies of contracts must be kept on file in the 
offices 
of 
the 
charitable organization 
and 
the 
ptsfessisBa± 
E~Ba-taisiB~---es~Bse±T 
professional 
solicitor, 
professional 
fund-raising counselor commercial co-venturer during the term of 
the contract and for 3 years after the date of solicitation of 
contributions provided for in the contract. 
Sec. 14. 9 MRSA §SOII, as amended by PL 1981, c. 456, Pt. A, 
§37, is further amended to read: 
§5011. Public information 
All information required to be filed under this chapter 
saall-Be is a public teeStaS record and saall must be available 
to the public at the office of the commissioner or in any manner 
the commissioner may prescribe. 
Sec. IS. 9 MRSA §SOll-A is enacted to read: 
§5011-A. 
Professional solicitor disclosure 
A 
professional 
solicitor 
or 
person 
who 
a 
professional 
solicitor employs or engages, directly or indirectly, to solicit 
contributions may not: 
1. 
Misrepresentation 
of 
relationship. 
Misrepresent, 
directly 
or 
indirectly, 
that 
person's 
relationship 
to 
a 
charitable organization; 
2. 
Misrepresentation of fact. 
Misrepresent. directly or 
indirectly, to a contributor or potential contributor any fact 
relating to the solicitation, including, but not limited to, the 
percentage of the contribution that will be paid over to the 
charitable organization or the purpose for which the contribution 
will be used; 
3. 
Use 
of 
contributions. 
Represent, 
directly 
or 
indirectly, that any part of the contributions received will be 
given 
or 
donated 
to 
any 
charitable organization 
unless 
the 
organization has previously consented in writing to the use of 
its name; or 
4. 
Disc10sure of information. 
Solicit a contribution from 
any 
person 
in this 
State without 
clearly 
and 
conspicuously 
disclosing to the person, prior to the time the person makes or 
authorizes payment of a donation: 
A. 
The name and address of the professional solicitor; 
B. 
That the solicitor is being paid by the charitable 
organization on whose behalf the solicitation is being made; 
and 
C. 
How 
the potential contributor may obtain information 
from 
the 
State 
on 
the 
respective 
percentages 
of 
contributions 
that 
will 
be 
paid 
to 
the 
charitable 
organization and to the paid fund-raiser. 
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. 16. 9 MRSA §5012, as amended by PL 1999, c. 656, §4, is 
amended to read: 
§5012. Charitab1e so1icitation disc10sure 
It sRall-se is a violation of this chapter for: 
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 conductedf-aBe~ 
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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 
against the charity and its donors. 
Fair market value may be 
established in any commercially acceptable fashion including a 
comparison of the amount paid for similar goods and services by a 
similar charity. 
Any promotional materials used by a commercial 
co-venturer to disclose that a component of the purchase price of 
the goods will accrue to the benefit of a charitable organization 
must also state either the percentage of the purchase price or 
the dollar amount to be remitted. 
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. IS. 9 MRSA §§5017 and SOlS are enacted to read: 
§5017. 
Denial or refusal to renew registration 
The commissioner may deny or refuse to renew a registration 
under this chapter for fraud, misrepresentation or deception on 
an application for violation of any provision of statute or rule 
adopted under this chapter. 
§S018. 
Rulemaking 
The commissioner shall propose, revise, adopt and enforce 
rules 
necessary 
to 
carry 
out 
this 
chapter. 
Rules 
adopted 
pursuant to this chapter are routine technical rules pursuant to 
Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill creates consistency in the timing and content of 
reports submitted by charitable organizations and the parties 
with whom they contract in order to facilitate comparison of data 
regarding 
the ieported percentage 
of 
funds 
raised that 
are 
remitted to the charity for program purposes and the percentage 
accruing to the benefit of paid professional solicitors. 
The 
bill 
also 
clarifies 
the 
distinction 
between 
a 
professional 
solicitor and a professional fund-raising counsel. 
In addition, 
the bill enables the Department of Professional and Financial 
Regulation to collect financial data from professional solicitors 
who have, in the past, been able to withhold it by obtaining 
registrations 
as 
professional 
fund-raising 
counsel, 
as 
is 
currently permitted by law. 
The 
bill 
extends 
the 
disciplinary 
authority 
of 
the 
department 
over 
entities 
registered 
under 
the 
Charitable 
Solicitations Act to any instance in which the provisions of the 
act have been violated. 
Finally, the bill eliminates the bonding 
exemption for auctioneers 
who 
become professional solicitors, 
professional fund-raising counselor commercial co-venturers.