An Act To Streamline the Charitable Solicitations Act
Maine Legislature, Session 126, LD 1277
Committee: Labor, Commerce, Research and Economic Development
Sponsors: CUSHING, CAMPBELL, HAMANN, WILLETTE, WINCHENBACH
Amends: 9 MRSA §5002, 9 MRSA §5003, 9 MRSA §5004, 9 MRSA §5005-A, 9 MRSA §5005-B, 9 MRSA §5006, 9 MRSA §5007, 9 MRSA §5008, 9 MRSA §5009, 9 MRSA §5010, 9 MRSA §5011, 9 MRSA §5011-A, 9 MRSA §5012, 9 MRSA §5012-A, 9 MRSA §5015-A, 9 MRSA §5017, 9 MRSA §5018

Legislative Document 
No. 1277 
S.P. 438 
In Senate, March 28, 2013 
An Act To Streamline the Charitable Solicitations Act 
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204. 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator CUSHING of Penobscot. 
Cosponsored by Representative CAMPBELL of Newfield and 
Representatives: HAMANN of South Portland, WILLETTE of Mapleton, WINCHENBACH 
of Waldoboro. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  9 MRSA §5002, as amended by PL 2007, c. 402, Pt. A, §1, is further 
amended to read: 
§5002.  Intent 
It is the intent of the Legislature to require the licensure and financial reporting of 
charitable organizations, professional solicitors, and professional fund-raising counsel 
and commercial co-venturers and the bonding of professional solicitors and commercial 
co-venturers. 
Sec. 2.  9 MRSA §5003, sub-§3, as amended by PL 2011, c. 286, Pt. A, §1, is 
repealed. 
Sec. 3.  9 MRSA §5003, sub-§3-A, as amended by PL 1999, c. 386, Pt. A, §3, is 
repealed. 
Sec. 4.  9 MRSA §5003, sub-§4-B, as enacted by PL 2003, c. 541, §3, is repealed. 
Sec. 5.  9 MRSA §5003, sub-§4-C is enacted to read: 
4-C.  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 
amended to read: 
5-A.  Independent public accountant. "Independent public accountant" means a 
public accountant who is not the prinicipal an officer or other officer, employee, 
professional solicitor, or professional fund-raising counsel or commercial co-venturer of 
the charitable organization or parent organization. 
Sec. 7.  9 MRSA §5003, sub-§5-F, as amended by PL 2011, c. 286, Pt. B, §5, is 
repealed. 
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, chairman chair or other 
charitable officers officer responsible for the daily operation of the a charitable 
organization, professional solicitor or professional fund-raising counsel. 
Sec. 9.  9 MRSA §5004, as amended by PL 2011, c. 286, Pt. A, §§3 to 6, is further 
amended to read: 
§5004.  Licensure of charitable organizations 
Charitable organizations must be licensed as follows. 
1.  Initial licensure as a charitable organization.  The following provisions govern 
license applications by charitable organizations. 
A.  Unless exempt it has received an exemption pursuant to section 5006, a charitable 
organization that intends to solicit, accept or obtain contributions in this State or to 
have contributions solicited, accepted or obtained on its behalf within this State shall 
file a license application with the office director and pay the application and license 
fees as set under section 5015-A at least 30 days before soliciting, accepting or 
obtaining contributions in each year in which the organization is engaged in 
soliciting, accepting or obtaining contributions.  Before it is issued a license by the 
director, a charitable organization that is required to file an initial license application 
may not solicit, accept or obtain contributions or have contributions solicited, 
accepted or obtained on its behalf by any other person, charitable organization or 
professional solicitor.  The charitable organization shall identify any affiliate 
organizations or chapters on its license application. 
B.  A parent organization may file a consolidated license application for its affiliates, 
chapters and branches in this State and shall pay a single fee for such a consolidated 
license application. 
C.  Before issuance of a license by the office, a charitable organization that is 
required to file an initial license application or annual renewal application may not 
solicit, accept or obtain contributions or have contributions solicited, accepted or 
obtained on its behalf by any other person, charitable organization, commercial 
co-venturer or professional solicitor, or participate in charitable sales promotion. 
2-A.  Fee for license application.  Charitable organizations shall pay the application 
fee, initial fee and renewal fee as set under section 5015-A.  The application fee is 
nonrefundable. 
3.  Content of application for initial licensure.  A license application must be 
sworn to or affirmed by the principal officer of any the charitable organization and must 
contain the following information, which must be updated within 10 days when any 
change occurs in the information filed: 
A.  The name of the organization and the purpose for which it was organized; 
B.  The principal mailing address of the organization and the mailing address of any 
offices in this State, or, if the organization does not maintain an office, the name and 
mailing address of the person having custody of its financial records; 
C.  The names and mailing addresses of any chapters, branches or affiliates in this 
State; 
D.  The place where and the date when the organization was legally established, the 
form of its organization and a reference to any determination of its tax-exempt status 
under the United States Internal Revenue Code copy of its certificate of existence or 
other organizing document; 
E.  The names and mailing addresses of the officers, directors or trustees and the 
principal salaried executive staff officer; 
F.  A statement as to whether the organization intends to solicit contributions from 
the public directly or have such done on its behalf by others; 
G.  The name and, mailing address and license number of any professional 
fund-raising counsel, solicitor or professional solicitor or commercial co-venturer 
fund-raising counsel who acts or will act on behalf of the charitable organization and 
terms of remuneration of the counsel, solicitor or co-venturer in connection with 
fund-raising campaigns for contributions from the State's residents; 
H.  A statement as to whether the organization is authorized by any other 
governmental authority list of all jurisdictions in which the organization is authorized 
to solicit contributions and whether it is or has ever been enjoined by any court from 
soliciting contributions; 
I.  The purpose or purposes for which the contributions to be solicited will be used; 
K.  The name or names under which it intends to solicit contributions; 
L.  The names of the individuals or officers of the organizations who will have final 
responsibility for the custody of the contributions; 
M.  The names of the individuals or officers of the organization responsible for the 
final distribution of the contributions; 
N.  The total amount of money received as contributions during the organization's 
preceding fiscal year and the dates of the fiscal year;  
P.  A determination letter from the federal Internal Revenue Service, confirming the 
tax-exempt status of the charitable organization; and 
Q.  Disclosure of, and the final disposition document pertaining to, any disciplinary 
action taken against the applicant by a licensing, registration or regulatory authority 
in any jurisdiction.; 
R.  Disclosure of, and the final disposition document pertaining to, any court action 
taken against the applicant by a licensing, registration or regulatory authority or law 
enforcement agency in any jurisdiction that resulted in a restraining order, injunction, 
civil judgment, criminal conviction, consent judgment, consent agreement, agreement 
to pay restitution or investigative costs or any other type of negotiated disposition; 
and 
S.  Other information as the director may require, including but not limited to 
documentation as to the current federal tax-exempt status of the charitable 
organization. 
4.  Renewal of licensure as a charitable organization.  The following provisions 
govern the application and qualifications for renewal of a license as a charitable 
organization.  A license issued by the director to a charitable organization expires on 
November 30th annually or such other time as the director may designate. A charitable 
organization shall apply for renewal by filing a renewal application with the director prior 
to the expiration date and paying the license fee as set under section 5015-A. 
A.   A person or entity that holds a valid license must submit to the office a 
completed application for renewal prior to the date of expiration of the license. 
B.  An application for license renewal may not be considered until it is complete.  If 
the application is incomplete, the applicant must include a letter documenting the 
specific reasons the application is incomplete.  If that letter is not included, the 
incomplete application must be returned for completion. 
C.  A charitable organization that submits an application for renewal after the 
expiration date must include with the application: 
(1)  A financial report covering the most recently audited fiscal year; 
(2)  The filing fee and license renewal fee as set under section 5015-A; and 
(3)  A completed application. 
D.  The complete packet for renewal of license application must include all the 
requirements identified in subsection 3 as well as the following: 
(1)  The organization's most recent federal Internal Revenue Service Form 990 
and Schedule A, federal Internal Revenue Service Form 990-EZ or federal 
Internal Revenue Service Form 990-N, as required by the federal Internal 
Revenue Service; and 
(2)  An audited financial statement of the organization's most recent audited fiscal 
year, if one has been prepared in order to comply with the requirements of 
another jurisdiction or otherwise exists.  If an audited financial statement does 
not exist, a balance sheet identifying assets and liabilities and an income 
statement identifying revenues and expenditures may be substituted. 
5.  Content of renewal application.  A renewal application pursuant to subsection 4 
must contain the following information: 
A.  The annual fund-raising activity report required by section 5005-B; 
B.  Disclosure of, and the final disposition document pertaining to, any disciplinary 
action taken against the licensee by a licensing, registration or regulatory authority in 
any jurisdiction since the date of the most recent application submitted by the 
charitable organization; 
C.  Disclosure of, and the final disposition document pertaining to, any court action 
taken against the licensee by a licensing, registration or regulatory authority or law 
enforcement agency in any jurisdiction that resulted in a restraining order, injunction, 
civil judgment, criminal conviction, consent judgment, consent agreement, agreement 
to pay restitution or investigative costs or any other type of negotiated disposition 
since the date of the most recent application submitted by the charitable organization;  
D.  Any changes to the information contained in the licensee's application for initial 
licensure or the most recent renewal application; and 
E.  Other information as the director may require. 
6.  Late renewal.  A license may be renewed up to 90 days after the date of its 
expiration upon payment of a late fee in addition to the renewal fee as set under section 
5015-A. 
7.  Change of information.  As an ongoing condition of licensure, a charitable 
organization shall notify the director of a change to the information contained in the 
organization's application for initial or renewal licensure, including any additional 
disciplinary or court action taken against the organization, within 10 days of the change. 
Sec. 10.  9 MRSA §5005-A, as enacted by PL 1999, c. 386, Pt. A, §14, is repealed 
and the following enacted in its place: 
§5005-A.  Records 
1.  Books and records.  A charitable organization shall maintain accurate and 
complete books and records of all fund-raising campaigns and shall keep those books and 
records available for inspection by or production to the Attorney General or the director 
for 3 years after the conclusion of each fund-raising campaign. 
2.  Audited financial statement.  A charitable organization shall produce upon 
request of the Attorney General or the director, in conjunction with an application for 
initial or renewal licensure or at any other time: 
A.  An audited financial statement of the charitable organization's most recent audited 
fiscal year if one has been prepared in order to comply with the requirements of 
another jurisdiction or otherwise exists; or 
B.  If an audited financial statement under paragraph A does not exist, a balance sheet 
identifying assets and liabilities and an income statement identifying revenues and 
expenditures. 
3.  Tax returns.  A charitable organization shall produce upon request of the 
Attorney General or the director, in conjunction with an application for initial or renewal 
licensure or at any other time, its 3 most recent federal Internal Revenue Service Form 
and Schedule A, federal Internal Revenue Service Form 990-EZ or federal Internal 
Revenue Service Form 990-N, as required by the federal Internal Revenue Service. 
Sec. 11.  9 MRSA §5005-B, as amended by PL 2011, c. 286, Pt. A, §7, is further 
amended to read: 
§5005-B.  Annual fund-raising activity reports to be filed by charitable 
organizations 
1.  Content of report.  A charitable organization shall submit to the office director an 
annual fund-raising activity report that reflects data from the organization's preceding 
calendar fiscal year, on a form prescribed by the office director, at least 60 days prior to 
the license expiration date as part of its application for license renewal.  The report must 
state, at a minimum, the following: 
A.  The charitable organization's name, mailing address, telephone number and 
license number of the charitable organization making the report; 
B.  The name, mailing address, telephone number and license number of each 
professional solicitor, and professional fund-raising counsel and commercial 
co-venturer with which the charitable organization contracts contracted to solicit 
contributions in this State or to plan, manage, advise or provide consultation services 
with respect to the solicitation of contributions in this State; 
C.  The date of each fund-raising campaign; 
D.  The total dollar amount of contributions raised in this State during each 
fund-raising campaign and for the year; 
E.  The total dollar amount of contributions raised in this State that was actually 
received and retained by the charitable organization from each fund-raising campaign 
and for the year; and 
F.  The total dollar amount attributable to contributions raised in this State that was 
retained by or paid to any professional solicitor or professional fund-raising counsel 
from each fund-raising campaign and for the year;. 
G.  The total amount paid to any professional fund-raising counsel from each fund-
raising campaign and for the year; and 
H.  The total amount received from any commercial co-venturer from each fund-
raising campaign and for the year. 
2.  Failure to file; discrepancies.  Failure to file the annual fund-raising activity 
report required under this section or disagreement between the report filed by the 
charitable organization and that submitted by the professional solicitor, or professional 
fund-raising counsel or commercial co-venturer with which the charitable organization 
has contracted may result in disciplinary action as provided under Title 10, section 8003, 
subsection 5-A.  To resolve a disagreement between reports, the director may require the 
charitable organization to submit an annual fund-raising activity report according to a 
fiscal year other than the organization's fiscal year. 
3.  Contracting with unlicensed entities prohibited.  A charitable organization may 
not contract with an unlicensed professional solicitor, or professional fund-raising 
counsel or commercial co-venturer.  A violation of this subsection may result in 
disciplinary action as provided under Title 10, section 8003, subsection 5-A. 
4.  Application subsequent to lapse of licensure.  An applicant whose prior license 
was not renewed or was terminated must file, along with the application, an annual 
fund-raising activity report for the most recent calendar year in which the applicant 
conducted charitable solicitation activity within the United States. 
Sec. 12.  9 MRSA §5006, sub-§1, ¶D, as amended 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 $25,000 
during a calendar year or do not receive contributions from more than 10 25 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 $25,000 or does 
not intend to receive contributions from more than 25 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 25 persons during a calendar year, the charitable 
organization, within 30 days after the date contributions reach $10,000 $25,000 or the 
number of contributors reaches 25, must be licensed with and report to the Office of 
Professional and Occupational Regulation the director as required by this Act; 
Sec. 13.  9 MRSA §5006, sub-§3, as amended by PL 2007, c. 402, Pt. A, §5, is 
further amended to read: 
3.  Procedures for claiming exemption from licensure.  A charitable organization 
claiming to be exempt under subsection 1 must submit to the office director annually on 
forms prescribed by that office the director and accompanied by the fee as set under 
section 5015-A, a sworn statement setting forth the name and address of the organization 
and its principal executive personnel, the purpose of the organization and the factual basis 
for the exemption.  The organization claiming exemption must include a copy of any 
financial statement, report or return filed with the federal Internal Revenue Service.  The 
office director shall issue annually an exemption to those organizations considered 
exempt under subsection 1. 
Sec. 14.  9 MRSA §5007, as amended by PL 2003, c. 541, §11, is repealed. 
Sec. 15.  9 MRSA §5008, as amended by PL 2011, c. 286, Pt. A, §8, is repealed. 
Sec. 16.  9 MRSA §§5008-A and 5008-B are enacted to read: 
§5008-A.  Licensure, license renewal and records kept by professional solicitors and 
professional fund-raising counsel 
1.  Initial licensure.  A person or entity may not act as a professional solicitor or 
professional fund-raising counsel before that person or entity has received a license from 
the director.  A professional solicitor or professional fund-raising counsel shall apply for 
initial licensure by filing a license application with the director and paying the application 
and license fees as set under section 5015-A. A professional solicitor, in addition, shall 
submit the bond required by subsection 5. 
2.  Content of application for initial licensure.  A license application must be 
sworn to or affirmed by the principal officer of the professional solicitor or professional 
fund-raising counsel on a form prescribed by the director and must contain the following 
information: 
A.  The name, mailing address and license number of each charitable organization on 
whose behalf the professional solicitor or professional fund-raising counsel acts or 
will act in connection with fund-raising campaigns for contributions from the State's 
residents; 
B.  A list of all jurisdictions in which the professional solicitor or professional fund-
raising counsel is authorized to solicit contributions; 
C.  Disclosure of, and the final disposition document pertaining to, any disciplinary 
action taken against the applicant by a licensing, registration or regulatory authority 
in any jurisdiction; 
D.  Disclosure of, and the final disposition document pertaining to, any court action 
taken against the applicant by a licensing, registration or regulatory authority or law 
enforcement agency in any jurisdiction that resulted in a restraining order, injunction, 
civil judgment, criminal conviction, consent judgment, consent agreement, agreement 
to pay restitution or investigative costs or any other type of negotiated disposition; 
and 
E.  Other information as the director may require. 
3.  Renewal of licensure as a professional solicitor or professional fund-raising 
counsel.  A license issued by the director to a professional solicitor or professional 
fund-raising counsel expires on November 30th annually or such other time as the 
director may designate. A professional solicitor or professional fund-raising counsel shall 
apply for renewal by filing a renewal application with the director prior to the expiration 
date and paying the license fee as set under section 5015-A. A professional solicitor shall, 
in addition, submit the bond required by subsection 5. 
4.  Content of renewal application.  A renewal application pursuant to subsection 3 
must contain the following information: 
A.  The annual fund-raising activity report required by section 5008-B; 
B.  Disclosure of, and the final disposition document pertaining to, any disciplinary 
action taken against the licensee by a licensing, registration or regulatory authority in 
any jurisdiction since the date of the most recent application submitted by the 
professional solicitor or professional fund-raising counsel; 
C.  Disclosure of, and the final disposition document pertaining to, any court action 
taken against the licensee by a licensing, registration or regulatory authority or law 
enforcement agency in any jurisdiction that resulted in a restraining order, injunction, 
civil judgment, criminal conviction, consent judgment, consent agreement, agreement 
to pay restitution or investigative costs or any other type of negotiated disposition 
since the date of the most recent application submitted by the professional solicitor or 
professional fund-raising counsel; 
D.  Any changes to the information contained in the licensee's application for initial 
licensure or the most recent renewal application; and 
E.  Other information as the director may require. 
5.  Bonding of professional solicitors.  An applicant for initial or renewal licensure 
as a professional solicitor shall submit with the application a bond approved by the 
director in which the professional solicitor is the principal obligor and the State the 
obligee, in the sum of $25,000, with one or more responsible sureties whose liability in 
the aggregate at least equals that sum. The bond runs to any person or entity who may 
have a cause of action against the principal obligor of the bond for any malfeasance or 
misfeasance in the conduct of charitable solicitation in this State that occurs during the 
term of the license applied for. 
6.  Late renewal.  A license may be renewed up to 90 days after the date of its 
expiration upon payment of a late fee in addition to the renewal fee as set under section 
5015-A. 
7.  Change of information.  As an ongoing condition of licensure, a professional 
solicitor or professional fund-raising counsel must notify the director of a change to the 
information contained in the licensee's application for initial or renewal licensure, 
including any additional disciplinary or court action taken against the licensee, within 10 
days of the change. 
8.  Records.  A professional solicitor or professional fund-raising counsel shall 
maintain accurate and complete books and records of fund-raising activities and 
telephone solicitation scripts and shall keep those books and records available for 
inspection by or production to the Attorney General or the director for a period of 3 years 
after the conclusion of each specific instance in which that person or entity acts as a 
professional solicitor or professional fund-raising counsel. 
§5008-B.  Annual fund-raising activity reports to be filed by professional solicitors 
and professional fund-raising counsel 
1.  Content of report.  A professional solicitor or professional fund-raising counsel 
licensed pursuant to section 5008-A shall submit to the director an annual fund-raising 
activity report that reflects data from the licensee's preceding fiscal year, on a form 
prescribed by the director, as part of its application for license renewal. The report must 
state, at a minimum, the following: 
A.  The name, mailing address, telephone number and license number of the licensee 
making the report; 
B.  The name, mailing address, telephone number and license number of each 
charitable organization with which the licensee contracted to solicit contributions in 
this State or to plan, manage, advise or provide consultation services with respect to 
the solicitation of contributions in this State; 
C.  The total dollar amount of contributions raised in this State during each fund-
raising campaign and for the year; 
D.  The total dollar amount of contributions raised in this State that was actually 
received and retained by the charitable organization from each fund-raising campaign 
and for the year; and 
E.  The total dollar amount attributable to contributions raised in this State that was 
retained by or paid to the licensee from each fund-raising campaign and for the year. 
2.  Failure to file; discrepancies.  Failure to file the annual fund-raising activity 
report required under this section or filing a report that contains discrepancies between 
that report and the report submitted by the charitable organization with which the 
professional solicitor or professional fund-raising counsel has contracted may result in 
disciplinary action as provided under Title 10, section 8003, subsection 5-A. To resolve a 
disagreement between reports, the director may require the professional solicitor or 
professional fund-raising counsel to submit an annual fund-raising activity report 
according to a fiscal year other than the professional solicitor's or professional 
fund-raising counsel's fiscal year. 
3.  Contracting with unlicensed charitable organization.  A person may not 
contract with an unlicensed charitable organization for the solicitation of funds from the 
State's residents.  A violation of this subsection may result in disciplinary action as 
provided under Title 10, section 8003, subsection 5-A. 
Sec. 17.  9 MRSA §5009, as amended by PL 2007, c. 402, Pt. A, §§7 and 8, is 
repealed and the following enacted in its place: 
§5009.  Retention of contracts 
All contracts entered into between a professional solicitor or professional 
fund-raising counsel and a charitable organization, whether or not the organization is 
exempted under section 5006, must be in writing. 
Contracts must be kept on file in the offices of the charitable organization and the 
professional solicitor or professional fund-raising counsel during the term of the contract 
and for 3 years after the date of solicitation of contributions provided for in the contract 
and must be made available for inspection by or production to the Attorney General or 
the director during that time. 
Sec. 18.  9 MRSA §5010, as amended by PL 2003, c. 204, Pt. A, §1, is repealed. 
Sec. 19.  9 MRSA §5011, as amended by PL 2003, c. 541, §14, is further amended 
to read: 
§5011.  Public information 
All information required to be filed under this chapter is a public record and must be 
available to the public at the office of the commissioner director or in any manner the 
commissioner director may prescribe. 
Sec. 20.  9 MRSA §5011-A, last ¶, as enacted by PL 2003, c. 541, §15, is 
repealed. 
Sec. 21.  9 MRSA §5012, as amended by PL 2003, c. 541, §16, is repealed and the 
following enacted in its place: 
§5012.  Charitable solicitation disclosure 
It is a violation of this chapter for any person or entity to solicit contributions from a 
prospective donor without fully disclosing to the prospective donor, at the time of 
solicitation but prior to the request for contributions, the name and address of the 
charitable organization for which the solicitation is being conducted. 
Sec. 22.  9 MRSA §5012-A, as amended by PL 2011, c. 286, Pt. A, §9, is repealed. 
Sec. 23.  9 MRSA §5015-A, as enacted by PL 2001, c. 323, §8, is amended to 
read: 
§5015-A.  Fees 
The director of the office may establish by rule fees for purposes authorized under 
this chapter in amounts that are reasonable and necessary for their respective purposes, 
except that the fee for any one purpose may not exceed $200 annually.  Rules adopted 
pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, 
subchapter II-A 2-A. 
Sec. 24.  9 MRSA §5017, as amended by PL 2011, c. 286, Pt. A, §11, is further 
amended to read: 
§5017.  Denial or refusal to renew license; disciplinary action 
The commissioner director or the commissioner's director's designee may deny the 
license application, refuse to renew the license or suspend or revoke the license of a 
person or an entity that has been, or whose principals, officers, directors, employees or 
fundraisers have been, convicted of, found guilty of, pled guilty or nolo contendere to or 
have been incarcerated by any federal or state court for any felony or for any 
misdemeanor involving dishonesty, including, but not limited to, fraud, theft, larceny, 
embezzlement or any crime arising from the conduct of a solicitation for a charitable 
organization. 
The commissioner director or the commissioner's director's designee may deny a 
license, refuse to renew a license or impose the disciplinary sanctions authorized under 
Title 10, section 8003, subsection 5-A for any of the reasons enumerated in Title 10, 
section 8003, subsection 5-A, paragraph A. 
Sec. 25.  9 MRSA §5018, as enacted by PL 2003, c. 541, §18, is amended to read: 
§5018.  Rulemaking 
The commissioner director shall propose, revise, adopt and enforce rules necessary to 
carry out this chapter.  Rules adopted pursuant to this chapter are routine technical rules 
pursuant to Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill eliminates unnecessary regulation and document filing requirements while 
still retaining essential oversight of charitable organizations, professional solicitors and 
professional fund-raising counsel.   
The bill raises the threshold for licensure of charitable organizations from $10,000 in 
a calendar year to $25,000 in a calendar year; eliminates licensing of commercial 
co-venturers; changes the document filing requirements for charitable organizations, 
professional solicitors and professional fund-raising counsel; revises the financial 
information required to be reported on an annual fund-raising activity report; and 
streamlines the licensing process by requiring licensees only to update changed 
information. 
The bill requires that, as an ongoing condition of licensure, licensees must notify the 
Department of Professional and Financial Regulation, Office of Professional and 
Occupational Regulation of any change in application information within 10 days.  
Disclosure of court actions and disciplinary actions in other states has been included as a 
licensing requirement.  The bill expands the description of reportable court actions.