An Act To Allow Law Enforcement Agencies and Associations To Engage Directly in Fund-raising under Certain Circumstances
Maine Legislature, Session 128, LD 0588
Committee Amendment CA_A_S80 (Senate)
Amends: 25 MRSA §3702-C

COMMITTEE AMENDMENT" A" to S.P. 203, L.D. 588, Bill, "An Act To Allow 
Law Enforcement Agencies and Associations To Engage Directly in Fund-raising under 
Certain Circumstances" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 25 MRSA §3702-C, as amended by PL 2011, c. 596, § 1, is further 
amended to read: 
§3702-C. Solicitation unlawful; exceptions 
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. 
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, a law enforcement officer, a law enforcement agency or 
a law enforcement association 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 fund-raising events or by written solicitation. 
A law 
enforcement agency or association that conducts a limited solicitation under this 
subsection may, but is not required to, retain a designated public benefit corporation to 
participate in the fund-raising event. 
A. A law enforcement agency or association may host ticketed fundraising fund-
raising 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. 
Page I - 128LR0124(02)-1 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT "A "to S.P. 203, L.D. 588 
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 di:reoted to be sent to a designated publio benefit oorporntion. 
Solicitations may not be sent directly to potential donors by mail or any other direct 
means. 
Nothing in this subsection may be construed to allow a law enforcement agency or 
association to engage in door-to-door solicitation. 
2. Required notice. Any public solicitation or advertisement for a fundraising fund-
raising event conducted under the limited exception in subsection 1 must contain a notice 
that clearly identifies the name and address of the any designated public benefit 
corporation that has been retained to participate in the fund-raising event 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 If a public benefit corporation is retained to participate in the fund-raising 
event, a notice for a fundraising fund-raising 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 If a public benefit corporation is retained to participate in the fund-raising 
event, 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 any 
designated public benefit corporation that is retained to participate in the fund-raising 
event 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 pursuant to 
subsection 3 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 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. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 203, L.D. 588 
7. 
Escrow account. 
All funds collected by the any designated public benefit 
corporation under this section must be held in an escrow account pursuant to this 
subsection. 
I 
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-B, 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 beneficiary, 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 any designated public benefit corporation that is 
retained to participate in a fund-raising event shall provide an accounting of the funds 
received from the event or written solicitation and any documents related to the 
fundraising fund-raising 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 provides that a law enforcement agency or 
association that engages in a fund-raising event under the limited exception provided in 
the Maine Revised Statutes, Title 25, section 3702-C, subsection 1, may, but is not 
required to, retain a designated public benefit corporation to participate with the law 
enforcement agency or association in the event. The amendment retains the provision of 
the bill that prohibits door-to-door solicitations. 
COMMITTEE AMENDMENT