An Act To Require Disclosures by 3rd-party Vendors Contracted To Perform Fund-raising
Maine Legislature, Session 125, LD 1566
Committee: Labor, Commerce, Research and Economic Development
Sponsors: DAMON, FOSTER, MAKER, O'CONNOR, PARKER, RIOUX, SIROCKI, TURNER, WINTLE
Amends: 9 MRSA §5011-A

Legislative Document 
No. 1566 
H.P. 1151 
House of Representatives, May 11, 2011 
An Act To Require Disclosures by 3rd-party Vendors Contracted 
To Perform Fund-raising 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative DAMON of Bangor. 
Cosponsored by Representatives: FOSTER of Augusta, MAKER of Calais, O'CONNOR of 
Berwick, PARKER of Veazie, RIOUX of Winterport, SIROCKI of Scarborough, TURNER of 
Burlington, WINTLE of Garland. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, charitable solicitations are frequent occurrences; and 
Whereas, without better disclosure requirements, citizens of Maine may be 
deceived into contributing more money than they would if adequately informed; and 
Whereas, in order to ensure that Maine citizens are adequately informed, it is 
imperative that this measure take effect as soon as possible; 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 safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  9 MRSA §5011-A, sub-§4, as enacted by PL 2003, c. 541, §15, is 
amended to read: 
4.  Disclosure 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.; and 
D.  If the professional solicitor is paid on a percentage of donation basis and that 
percentage exceeds 25% of the donation: 
(1)  The percentage of the donation that the professional solicitor receives; 
(2)  The percentage of the donation that the charitable organization receives; 
(3)  Whether the donation is sent by the person to the charitable organization or 
to the professional solicitor; and  
(4)  Whether the professional solicitor is paid prior to or after the distribution of 
the donation to the charitable organization. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
Current law places certain restrictions on professional solicitors, who are persons or 
companies that solicit donations on behalf of charitable organizations. 
This bill requires a professional solicitor who receives more than 25% of the solicited 
donation to disclose to the donator the percentage of the donation the professional 
solicitor receives, the percentage of the donation the charitable organization receives, 
whether the donation is sent by the donator to the professional solicitor or to the 
charitable organization and whether the professional solicitor's fee is paid prior to or after 
the distribution of the donation to the charitable organization. 
As under the current law, a failure to make the disclosures required by this bill is a 
violation of the Maine Unfair Trade Practices Act and an intentional violation is a Class 
D crime.