An Act To Allow Limited Charitable Solicitations by Law Enforcement Associations
Maine Legislature, Session 123, LD 2187
Committee: Criminal Justice and Public Safety
Sponsors: CUMMINGS
Amends: 25 MRSA §3702-D

Legislative Document 
No. 2187 
H.P.1557 
House of Representatives, February 5, 2008 
An Act To Allow Limited Charitable Solicitations by Law 
Enforcement Associations 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representati ve TARDY of Newport. 
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'frl.1J?dC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative: Speaker CUMMINGS of Portland. 
PrllllnJ on rec}cleJ paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 25 MRS A §3701, sub-§7, as enacted by PL 2005, c. 397, Pt. C, § 18, is 
repealed. 
Sec. 2. 25 MRS A §3702-C, as enacted by PL 2005, c. 397, Pt. C, § 19, is repealed. 
Sec. 3. 25 MRSA §3702-D is enacted to read: 
§3702-D. Solicitation with approval 
A law enforcement association 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 after meeting all of the requirements of this section. 
1. Beneficiary. A law enforcement association may solicit donations under this 
section only for a law enforcement officer suffering from a catastrophic illness as 
certified by the chief of the law enforcement agency of the officer suffering from a 
catastrophic illness. 
2. Approval of local officials. A law enforcement association seeking to solicit 
donations under this section shall obtain the approval of: 
A. The governing body of the municipality in which the solicitation will occur. If 
the solicitation is intended to encompass a county, the approval of the county 
commissioners of that county is required. If the solicitation is intended to take place 
in the unorganized territory, approval of the Maine Land Use Regulation Commission 
is required; and 
B. The manager, if such a person exists, of any municipality in which the solicitation 
will occur. 
3. Approval of Attorney General. A law enforcement association seeking to solicit 
donations under this section shall 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 association has obtained the approval specified in 
subsection 2 and the requirements 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 within 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 association. 
B. Checks, drafts and money orders from donors pursuant to this section must be 
made payable only to the bank or trust company described under paragraph A. At the 
I 
request 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 association or beneficiary of solicitations under this section. 
D. The funds raised pursuant to this section may be released only to the beneficiary 
under subsection I or to the heirs of the beneficiary ifthe beneficiary dies. 
5. Rules. The Attorney General shall adopt routine technical rules pursuant to Title 
5, chapter 375, subchapter 2-A regarding the administration of this section. 
6. Violation. Except as provided in this section, a law enforcement association may 
II 
not solicit donations for a law enforcement agency, law enforcement association or law 
enforcement officer. Any violation of this section constitutes a violation of the Maine 
Unfair Trade Practices Act. 
SUMMARY 
This bill allows a law enforcement association to solicit funds for a law enforcement 
officer who is suffering from a catastrophic illness after the law enforcement association 
obtains the approval of the governing body of the area in which the solicitation will occur 
and the Attorney General. The catastrophic illness must be certified by the chief of the 
law enforcement agency of the officer that has a catastrophic illness. 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.