An Act To Streamline the Charitable Solkitations Act
Maine Legislature, Session 126, LD 1277
Committee Amendment CA_A_S145 (Senate)
Amends: 9 MRSA §5003, 9 MRSA §5006

COMMITTEE AMENDl\,ffiNT "A " to S.P. 438, L.D. 1277, Bill, "An Act To 
Streamline the Charitable Solkitations Act" 
Amend the bill by striking out all of sections 5 and 6 and inserting the following: 
'Sec. 5. 9 MRSA §5003, sub-§4-D is enacted to read: 
4-D. Director. "Director" means the Director of the Office of Professional and 
Occupational Regulation within the Department of Professional and Financial Regulation. 
Sec. 6. 9 MRSA §5003, sub-§5-A, as enacted by PL 1977, c. 696, §359, is 
repealed.' 
Amend the bill by striking out all of section 8 and inserting the following: 
'Sec. 8. 9 MRSA §5003, sub-§8, as enacted by PL 1977, c. 488, §1, is amended 
to read: 
8. 
Principal officer. 
"Principal officer" means the president, ehaifffiaa chair, 
executive director or other eharitable offieers officer or employee responsible for the 
daily operation of the ~ charitable organization, a professional solicitor or professional 
fund-raising counsel.' 
Amend the bill in section 9 in §5004 in subsection 7 in the 2nd line (page 5, line 2 in 
L.D.) by striking out the following: "of a" and inserting the following: 'of any material' 
Amend the bill by striking out all of section 12 and inserting the following: 
'Sec. 12. 9 MRSA §5006, sub-§I, ,A, as amended by PL 1999, c. 386, Pt. A, 
§ 15, is further amended to read: 
A. 
Organizations that solicit primarily within their membership and where 
solieitatioH aetivities are eOHdl:leted hy memhers do not contract with a professional 
solicitor or professional flllld-raising counsel. For purposes of this paragraph, the 
term "membership" does not include those persons who are granted a membership 
upon making a contribution as a result of a solicitation; 
COMMJ'TTEE AMENDMENT 
.,. 
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COMMITTEE AMENDMENT "An to S.P. 438. L.D. 1277 
Sec. 13. 9 MRSA §5006, sub-§l, ~, as amended by PL 2007, c. 402, Pt. A, §5 
and by PL 2011, c. 286, Pt. B, §5, is further amended to read: 
D. 
Charitable organizations that do not intend to solicit and receive and do not 
actually solicit or receive contributions from the public in excess of $10,000 $35,000 
during a calendar year or do not receive contributions from more than +0 35 persons 
during a calendar year, if all fund-raising activities are carried on by persons who are 
unpaid for their services and if no part of the assets or income inures to the benefit of 
or is paid to any officer or member. If a charitable organization that does not intend to 
solicit or receive contributions from the public in excess of $10,000 $35,000 or does 
not intend to receive contributions from more than 35 persons during a calendar year 
does actually solicit or receive contributions in excess of that amount, whether or not 
all such contributions are received during a calendar year, or actually receives 
contributions from more than 35 persons during a calendar year, the charitable 
organization, within 30 days after the date contributions reach $10,000 $35,000 or the 
number of contributors reaches 35, must be licensed with aRe ref3ert te the Offiee ef 
PrefessieHal aHe Oeel:lBatieHal ReiffilatieH the director as required by this Act;' 
Amend the bill in section 21 in §50l2 in the first paragraph in the 3rd line (page 10, 
line 32 in L.D.) by inserting after the following: "and" the following: 'physical' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment does the following. 
1. It removes the definition of "independent public accountant," which is a term no 
longer used in the Charitable Solicitations Act. 
2. It adds to the definition of "principal officer" the executive director or other 
employee responsible for the daily operation of a charitable organization. 
3. 
It specifies that a charitable organization must notify the Department of 
Professional and Financial Regulation, Office of Professional and Occupational 
Regulation only of any "material" change in the organization's application for initial or 
renewal licensure. 
4. It adds to the basis for the exemption from licensure organizations that solicit 
primarily within their membership that do not contract with a professional solicitor or 
professional fund-raising counsel. 
5. 
It further increases the threshold for licensure of charitable organizations to 
$35,000 in contributions in a calendar year or contributions from more than 35 persons. 
The bill proposes to increase the threshold to $25,000 in contributions in a calendar year 
or contributions from more than 25 persons. 
COMMITTEE AMENDMENT 
~.'" 
COMMITTEE AMENDMENT "A," to S.P. 438, L.D. 1277 
6. It specifies that it is a violation of the Charitable Solicitations Act if a person or 
entity does not disclose to a prospective donor at the time of solicitation the "physical" 
address of the charitable organization for which the solicitation is being conducted. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMI'TTEE AMENDMENT 
Fiscal Detail and Notes 
• 
Approved: OS/22/13 ;tvac:. 
LD 1277 
LR 562(02) 
An Act To Streamline the Charitable Solicitations Act 
Fiscal Note for Bill as Amended by Committee Amendment 'tt'f5-14'5) 
Committee: Insurance and Financial Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Additional costs to the Office of Professional and Occupational Regulation within the Department of Professional and 
Financial Regulation associated with implementing the requirements of this legislation can be absorbed within 
existing budgeted resources. 
LR0562(02) - Fiscal Note - Page 1 of 1