An Act To
Maine Legislature, Session 126, LD 1799
Committee Amendment CA_A_H778 (House)
Amends: 9 MRSA §5002, 9 MRSA §5003, 9 MRSA §5004, 9 MRSA §5005-B, 9 MRSA §5006

COMMITTEE AMENDMENT "A" to H.P. 1291, L.D. 1799, Bill, "An Act To 
Amend the Laws Governing Charitable Solicitations" 
Amend the bill by striking out all of sections 1 to 7 and inserting the following: 
'Sec. 1. 9 MRSA §5002, as amended by PL 2013, c. 313, § 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, and professional solicitors and orofessional fund raisine= oounsel 
and the bonding of professional solicitors. 
Sec. 2. 9 MRSA §5003, sub-§l, as amended by PL 2003, c. 541, §1, is further 
amended to read: 
1. Charitable organization. "Charitable organization" means any person or entity, 
including any person or entity organized in a foreign state, that is or holds itself out to be 
organized or operated for any charitable purpose or that solicits, accepts or obtains 
contributions from the public for any charitable purpose and by any means, including, but 
not limited to, personal contact, telephone, mail, newspaper advertisement, television or 
radio. Status as a tax-exempt entity does not necessarily qualify that entity as a charitable 
organization. A ohapter, bran ell , area offioe or similar affiliate or any person solioiting 
oontributions for any charitable purpose within the State for a charitable organization that 
has its principal place of business outside the State is oonsidered a charitable organization 
for the purposes of this Aot. For purposes of this chapter, an organization established for 
and serving bona fide religious purposes is not a charitable organization. 
Sec. 3. 9 MRSA §5003, sub-§8, as amended by PL 2013, c. 313, §8, is further 
amended to read: 
8. 
Principal officer. 
"Principal officer" means the president, chair, executive 
director or other officer or employee responsible for the daily operation of a charitable 
organization, or a professional solicitor or orofessional fund raisin!! oounsel.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1291, L.D. 1799 
Amend the bill by striking out all of section 9 and inserting the following: 
'Sec. 9. 9 MRSA §5004, sub-§3, ~G, as amended by PL 2013, c. 313, §9, is 
further amended to read: 
G. The name, mailing address and license number of any professional solicitor ef 
professional fund raising counsel who acts or will act on behalf of the charitable 
organization in connection with fund-raising campaigns for contributions from the 
State's residents; 
Sec. 10. 9 MRSA §5004, sub-§3, ~P, as amended by PL 2013, c. 313, §9, is 
repealed.' 
Amend the bill by striking out all of sections 11 and 12 and inserting the following: 
'Sec. 11. 9 MRSA §5005-B, sub-§1, ~B, as amended by PL 2013, c. 313, § 11, is 
further amended to read: 
B. 
The name, mailing address, telephone number and license number of each 
professional solicitor and professional fund raising counsel with which the charitable 
organization 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; 
Sec. 12. 9 MRSA §5005-B, sub-§1, ~F, as amended by PL 2013, c. 313, § 11, is 
further amended to read: 
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. 
Sec. 13. 9 MRSA §5005-B, sub-§§2 and 3, as amended by PL 2013, c. 313, 
§ 11, are further amended to read: 
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 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 professional solicitor prohibited. A charitable 
organization may not contract with an unlicensed professional solicitor or professional 
fund raising counsel. A violation of this subsection may result in disciplinary action as 
provided under Title 10, section 8003, subsection 5-A. 
Sec. 14. 9 MRSA §5006, sub-§1, ~A, as amended by PL 2013, c. 313, §12, is 
further amended to read: 
A. Organizations that solicit primarily within their membership and do not contract 
with a professional solicitor or professional fund raising counsel. For purposes of 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1291, L.D. 1799 
this paragraph, the term "membership" docs not include those persons who are 
granted a membership upon making a contribution as a result of a solicitation; 
Sec. 15. 9 MRSA §5006, sub-§I, ~D, as amended by PL 2013, c. 313, § 13, 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 $35,000 during a 
calendar year or do not receive contributions from more than 35 persons during a 
calendar year, if the charitable organizations do not contract with professional 
solicitors or professional fund raising counsel 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 $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 
$35,000 or the number of contributors reaches 35, must be licensed with the director 
as required by this Act; 
Sec. 16. 
MRS A §5006, sub-§3, as amended by PL 2013, c. 313, §14, is 
repealed.' 
Amend the bill in section 13 in §5008-A in subsection 5 in the last line (page 3, line 
in L.D.) by inserting after the following: "for." the following: 'The bond remains in 
place for 5 years after the licensee ceases activity in the State. Notwithstanding this 
provision, the director may pennit the bond to be eliminated prior to that date.' 
Amend the bill in section 14 in §5008-B in subsection 1 in paragraph B in the first 
line (page 4, line 9 in L.D.) by striking out the following: '';- and telephone number ami 
license number" and inserting the following: " telephone number and license number' 
Amend the bill in section 14 in §5008-B by striking out all of subsection 3 (page 4, 
lines 29 to 32 in L.D.) and inserting the following: 
'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.' 
Amend the bill in section 15 in §5009 in the 2nd paragraph in the first line (page 4, 
line 39 in L.D.) by striking out the following: "charitable organization and the" and 
inserting the following: 'charitable organization and the' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment removes prOVISlOns in the bill that propose to repeal licensure 
requirements for charitable organizations. 
It repeals the requirement that charitable 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1291, L.D. 1799 
organizations annually provide a determination letter from the United States Internal 
Revenue Service. 
It clarifies the length of time that a professional solicitor's bond 
remains in effect. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/23114 hac 
LD 1799 
LR 2712(02) 
An Act To Amend the Laws Governing Charitable Solicitations 
Fiscal Note for Bill as Amended by Committee Amendment 'fl' 61-11 gJ 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Minor savings - Other Special Revenue Funds 
Minor revenue decrease - Other Special Revenue Funds 
Any savings or reduction in revenues for the Office of Professional and Occupational Regulation within the 
Department of Professional and Financial Regulation are assumed to be minor. The revenue reduction can be absorbed 
within existing budgeted resources. 
LR2712(02) - Fiscal Note - Page 1 of 1