An Act To Enable Police Departments To Solicit Donations for Colleagues Suffering from Catastrophic Illnesses
Maine Legislature, Session 122, LD 0502
Committee: Criminal Justice and Public Safety
Sponsors: COLLINS, DIAMOND, SNOWE-MELLO, EDMONDS, BOWLES, CUMMINGS, DUPLESSIE, MARLEY, RICHARDSON, TARDY, ANDREWS, DAMON
Amends: 25 MRSA §3701, 25 MRSA §3702-A

Legislative Document 
No. 502 
H.P.377 
House of Representatives, February 1,2005 
An Act To Enable Police Departments To Solicit Donations for 
Colleagues Suffering from Catastrophic Illnesses 
(EMERGENCY) 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative COLLINS of Wells. 
'17/~ /J7.1iI~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Senators: DIAMOND of Cumberland, SNOWE-MELLO of Androscoggin, 
President EDMONDS of Cumberland and Representatives: BOWLES of Sanford, 
CUMMINGS of Portland, DUPLESSIE of Westbrook, MARLEY of Portland, Speaker 
RICHARDSON of Brunswick, TARDY of Newport, Senators: ANDREWS of York, DAMON 
of Hancock. 
Printed OD recycled paper 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, current law re'garding the solicitation of donations 
by law enforcement agencies, associations or officers is unclear; 
and 
Whereas, clarification is necessary to distinguish between 
solicitations for a law enforcement officer who has suffered a 
catastrophic illness and who is in need and those solicitations 
where undue influence may be present; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
Eafety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 25 MRSA §3701, sub-§6, as repealed by T. 
25, §3701, 
sub-§6 and amended by PL 2003, c. 560, §l, is repealed. 
Sec. 2. 25 MRSA §3702-A, as repealed by T. 25, §3702-A and 
amended by PL 2003, c. 
560, §2, is repealed and the following 
enacted in its place: 
§3702-A. 
Solicitation with approval 
A law enforcement agency, law enforcement association or law 
enforcement officer may solicit donations of property from the 
general public only 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 a law 
enforcement 
officer 
and 
only 
after 
meeting 
all 
of 
the 
reguirements of this section. 
1. 
Beneficiary. 
The 
law 
enforcement 
agency, 
law 
enforcement association or law enforcement officer may solicit 
donations only for a 
law enforcement officer suffering from a 
catastrophic illness. 
2. 
Approval 
of 
local officials. 
The 
law 
enforcement 
agency, 
law enforcement association or law enforcement officer 
seeking to solicit donations under this section mus t obtain the 
approval of: 
A. 
The governing body of the municipality in which the 
solicitation will occur. 
If the solicitation is intended to 
Page l-LRI079(1) 
encompass a county, the approval of the county commissioners 
of that county is reguired. 
If the solicitation is intended 
to take place in the unorganized territory, approval of the 
Land Use Regulation Commission is reguired: and 
B. 
The 
manager. 
if 
such 
a 
person 
exists, 
of 
any 
municipality in which the solicitation will occur. 
3. 
Approval of Attorney General. 
The 
law 
enforcement 
agency, 
law enforcement association or law enforcement officer 
seeking to solicit donations under this section must obtain the 
written and notarized approval of the Attorney General. 
The 
Attorney General may grant permission for the solicitation only 
if satisfied that the law enforcement agency, 
law enforcement 
association or law enforcement officer has obtained the approval 
specified in subsection 2 and the reguirements of subsections 1 
and 4 have been met. 
4. 
Funds held in escrow. 
Any funds collected pursuant to 
this section must be held in an escrow account pursuant to this 
subsection. 
A. 
The 
escrow 
account 
under 
this 
subsection 
must 
be 
established in a 
bank or trust company authorized to do 
business in this State wi thin the meaning of Title 9-B, 
section 131, subsection 2 
and acceptable to the Attorney 
General. The funds deposited in the escrow account must be 
kept and maintained in an account separate from accounts of 
the law enforcement agency, law enforcement association or 
law enforcement officer. 
B. 
Checks, drafts and money orders from donors pursuant to 
this section must be made payable only to the bank or trust 
company. At the reguest of the Attorney General, the escrow 
agent shall issue a statement indicating the status of the 
escrow account. 
c. 
Funds deposited in the escrow account are not subject to 
any liens or charges by the escrow agent or 
judgments, 
garnishments 
or 
creditor's 
claims 
against 
the 
law 
enforcement 
agency, 
law 
enforcement 
association, 
law 
enforcement officer or beneficiary of solicitations under 
this section. 
D. 
The 
funds 
raised pursuant 
to 
this 
section may 
be 
released only to the beneficiary or to the heirs of the 
beneficiary if the beneficiary dies. 
6. 
Rules. 
The 
Attorney 
General 
shall 
adopt 
routine 
technical rules pursuant to Ti~~chapter 375, subchapter 2-A 
regarding the administration of this section. 
1. 
Violation. 
Except as provided in this section, a law 
enforcement agency, law enforcement association, law enforcement 
officer or any other person may not solicit donations for a law 
enforcement 
agency, 
law 
enforcement 
association 
or 
law 
enforcement o:t;ficer. 
Any-'lJ.Ql.atioIl_of thj.s section constitutes a 
violation of the Maine Unfair Trade Practices Act. 
Emergency clause. 
In view of the emergency ci ted in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill allows a law enforcement agency, 
law enforcement 
association or law enforcement officer to solicit funds for a law 
enforcement officer who is suffering from a catastrophic illness 
after the law enforcement agency, association or officer obtains 
the approval of the governing body of the area in which the 
solicitation 
will 
occur 
and 
the 
Attorney 
General. 
Funds 
collected must be retained in an escrow account maintained solely 
for the benefit of the ill law enforcement officer or the heirs 
of that officer if the officer dies.