An Act To Allow Limited Charitable Solicitations by Law Enforcement Associations
Maine Legislature, Session 123, LD 2187
Committee Amendment CA_A_H949 (House)
Amends: 25 MRSA §3701, 25 MRSA §3702-C

COMMITTEE-A-MENDMENT "A" to H.P. 1557, L.D. 2187, Bill, "An Act To 
Allow Limited Charitable Solicitations by Law Enforcement Associations" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 25 MRSA §3701, sub-§8 is enacted to read: 
8. Catastrophic illness. "Catastrophic illness" means an unforeseen, prolonged and 
extended illness, medical condition or injury that will likely cause death or permanent 
disability as determined by a licensed physician whose determination must be in writing. 
Sec. 2. 25 MRS A §3701, sub-§9 is enacted to read: 
9. Designated public benefit corporation. "Designated public benefit corporation" 
means a "public benefit corporation," as described in Title 13-B, section 1406, subsection 
I, that does not employ or have on its board of directors any certified law enforcement 
officer and that has entered into an agreement with a law enforcement agency or law 
enforcement association as provided in section 3702-C. 
Sec. 3. 25 MRSA §3701, sub-§lO is enacted to read: 
10. 
Immediate family member. 
"Immediate familv member" means a law 
enforcement officer's spouse, domestic partner, child or legal dependent. 
Sec. 4. 25 MRSA §3702-C, as enacted by PL 2005, c. 397, Pt. C, § 19, is amended 
to read: 
§3702-C. Solicitation unlawful; exceptions 
A Except as provided in this section, a 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. 
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to H.P. 1557, L.D. 2187 
Any violation of this chapter constitutes a violation of the Maine Unfair Trade Practices 
Act. 
1. 
Limited solicitation. 
A law enforcement agency or associatIOn may solicit 
property from the general public for the tangible benefit of a law enforcement officer, or 
an immediate family member of a law enforcement officer, suffering from a catastrophic 
illness by hosting fundraising events or by written solicitation. 
A. A law enforcement agency or association may host ticketed fundraising events 
that are open to the public as long as the events are advertised only through public 
announcements and tickets are available for purchase only from a designated public 
benefit corporation. 
B. A law enforcement agency or association may make general public solicitations 
for donations through public announcements or paid advertisements as long as all 
donations are directed to be sent to a designated public benefit corporation. 
Solicitations may not be sent directly to potential donors by mail or any other direct 
means. 
2. Required notice. Any public solicitation or advertisement for a fundraising event 
must contain a notice that clearly identifies the name and address of the designated public 
benefit corporation and the law enforcement officer or immediate family member for 
whom the solicitation is made. The notice must also specifY that any questions about the 
solicitation may be directed to the Office of the Attorney General. 
A. A notice for a fundraising event must read: "This event is sponsored by (insert 
name of law enforcement agency or association) for the sole benefit of (insert name 
and agency). All donations made pursuant to this solicitation must be sent to the 
designated public benefit corporation, which may not disclose the names of donors. " 
B. A notice for a public solicitation must read: "This solicitation is made by (insert 
name of law enforcement agency or association) for the sole benefit of (insert name 
and agency). All donations made pursuant to this solicitation must be sent to the 
designated public benefit corporation, which may not disclose the names of donors." 
3. Standardized written agreement. Prior to engaging in any solicitation activity 
under this section, a law enforcement agency or a law enforcement association and a 
designated public benefit corporation must enter into a signed written agreement that 
specifies the obligations of each party. The Office of the Attorney General shall provide 
a standardized written agreement that must be used by the parties. 
4. No disclosure of donors. A designated public benefit corporation that engages in 
solicitation pursuant to this section may not disclose the names of any donors to any 
person, except to the Attorney General. 
5. Limited reimbursement. The law enforcement agency or law enforcement 
association may reimburse the designated public benefit corporation only for its 
advertising costs and may not otherwise pay the designated public benefit corporation for 
its services provided under this section. 
6. Registration and reporting. Each party to the written agreement shall comply 
with all requirements for reporting to and registration with the Department of 
Professional and Financial Regulation as a charitable organization, or as a charitable 
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COMMITTEE AMENDMENT'~ " to H.P. 1557, L.D. 2187 
organization that is exempt from registration, pursuant to the Charitable Solicitations Act 
and shall comply with any other reporting and registration requirements related to the 
event or solicitation. 
7. 
Escrow account. 
All funds collected by the designated public benefit 
corporation under this section must be held in an escrow account pursuant to this 
subsection. 
A. 
The escrow account must be established by the designated public benefit 
corporation in a bank or trust company authorized to do business in this State within 
the meaning of Title 9-8, section 131, subsection 2. The funds deposited in the 
escrow account must be kept and maintained in an account separate from any other 
accounts. 
B. Checks, drafts and money orders from donors may be made payable only to the 
bank or trust company described in paragraph A. 
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 
designated public benefit corporation or beneficiary. 
D. The funds may be paid only to the beneficimy, or to the heirs of the beneficiary if 
the beneficiary dies, and must be paid within 30 days of the conclusion of the event 
or written solicitation. 
8. 
Accounting. 
Upon request, the designated public benefit corporation shall 
provide an accounting ofthe funds received from the event or written solicitation and any 
documents related to the fundraising event or solicitation, including the names of the 
donors, to the Attorney General. The Attorney General may enforce application of funds 
given or appropriated to public charities and prevent breaches of trust in their 
administration, pursuant to Title 5, section 194, subsection 2.' 
SUMMARY 
This amendment replaces the bill and creates a narrowly tailored exception to the law 
enforcement solicitation law by allowing only specific fundraising events and 
solicitations in which law enforcement is removed from direct contact with the potential 
donors. Specifically, the amendment does the following. 
1. 
It defines "catastrophic illness," "designated public benefit corporation" and 
"immediate family member" for purposes of the amendment. 
2. It provides that a law enforcement agency or law enforcement association may 
solicit property from the general public for the tangible benefit of a law enforcement 
officer, or an immediate family member of a law enforcement officer, suffering from a 
catastrophic illness in 2 specific ways. First, a law enforcement agency or association 
may post advertisements in a public setting for a fundraising event, the tickets for which 
are available for purchase only from a designated public benefit corporation. Second, a 
law enforcement agency or association may make a public plea for donations through 
advertisements provided that all donations are sent directly to a designated public benefit 
corporation. Solicitations may not be sent directly to potential donors. Every solicitation 
must contain a notice identifying the designated public benefit corporation, its address 
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and the law enforcement officer or the officer's immediate family member for whom the 
solicitation is made. 
The notice must also specify that any questions about the 
solicitation may be directed to the Office of the Attorney General. 
3. 
It requires a law enforcement agency or law enforcement association and a 
designated public benefit corporation to sign a written agreement prior to engaging in any 
solicitation activity. The Office of the Attorney General shall provide a standardized 
written agreement that must be used. 
4. It specifies that a designated public benefit corporation that engages in solicitation 
pursuant to the Maine Revised Statutes, Title 25, section 3702-C may not disclose the 
names of any donors to any person, except to the Attorney General. 
5. It permits a law enforcement agency or law enforcement association to reimburse 
a designated public benefit corporation only for its printing costs and prohibits any other 
payment to the designated public benefit corporation for its services. 
6. It requires that the parties to the written agreement comply with all requirements 
for reporting to, and registration with, the Department of Professional and Financial 
Regulation as a charitable organization, or as a charitable organization that is exempt 
from registration, pursuant to the Charitable Solicitations Act. It also requires the parties 
to comply with all other requirements related to the event or solicitation. 
7. It requires that all funds collected by the designated public benefit corporation 
under this section be held in an escrow account that is separate from any other accounts. 
Checks, drafts and money orders from donors may be made payable only to the bank or 
trust company. 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 
designated public benefit corporation or beneficiary of the solicitations. 
8. It specifies that the funds may be paid only to the beneficiary, or to the heirs of the 
beneficiary if the beneficiary dies, within 30 days of the conclusion of the event or 
written solicitation. 
9. It requires that, upon request, a designated public benefit corporation provide an 
accounting ofthe funds received from the event or written solicitation and any documents 
related to the fundraising event or solicitation, including the names of the donors, only to 
the Attorney General, who is vested with authority to enforce due application of funds 
given, or appropriated, to public charities and to prevent breaches of trust in their 
administration. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/03/08 frac.. 
LD 2187 
LR 3244(02) 
An Act To Allow Limited Charitable Solicitations by Law Enforcement Associations 
Fiscal Note for Bill as Amended by Committee Amendment 'A " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
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Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of the Attorney General can be absorbed utilizing existing budgeted resources. 
LR3244(02) - Fiscal Note - Page I of I