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: Criminal Justice and Public Safety
Sponsors: DIAMOND, DAVIS, CAMPBELL, CYRWAY, DILL, DION
Amends: 25 MRSA §3701, 25 MRSA §3702-C

Legislative Document
No. 588
S.P. 203
In Senate, February 16, 2017
An Act To Allow Law Enforcement Agencies and Associations To 
Engage Directly in Fund-raising under Certain Circumstances
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator DIAMOND of Cumberland.
Cosponsored by Senator DAVIS of Piscataquis, Representative CAMPBELL of Orrington and
Senators: CYRWAY of Kennebec, DILL of Penobscot, DION of Cumberland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  25 MRSA §3701, sub-§9, as enacted by PL 2007, c. 633, §2, is repealed. 
Sec. 2.  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.  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. 
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 directed to be sent to a designated public benefit corporation.  
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 must contain a notice that clearly identifies the name and address of 
the designated public benefit corporation law enforcement agency or association making 
the solicitation 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 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 (insert name of law enforcement 
agency or association), which may not disclose the names of donors." 
B.  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 (insert name of law enforcement agency or 
association), 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 
designated public benefit corporation 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 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. 
7.  Escrow account.  All funds collected by the designated public benefit corporation 
under this section must be held in an escrow account pursuant to this subsection. 
A.  The escrow account must be established by the designated public benefit 
corporation law enforcement agency or association making a solicitation pursuant to 
this section 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 designated public benefit corporation law 
enforcement agency or association making the solicitation 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 bill amends the law regarding solicitation by law enforcement officers to remove 
designated public benefit corporations from that process and instead allows law 
enforcement agencies and associations to engage directly in fund-raising.  The bill also 
explicitly prohibits door-to-door solicitation.