LD 2036
pg. 1
LD 2036 Title Page An Act to Prohibit Deceptive Charitable Solicitations Page 2 of 2
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LR 2015
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 9 MRSA §5003, sub-§3, as enacted by PL 1977, c. 488, §1, is
amended to read:

 
3. Commercial co-venturer. "Commercial co-venturer" shall
mean means any person who, for profit or other commercial
consideration, shall conduct, promote, underwrite, arrange or
sponsor conducts, promotes, underwrites, arranges or sponsors a
sale, performance, collection or sale of donated goods or event
of any kind which that is advertised in conjunction with the name
of any charitable organization. Any such person who will benefit
in good will only shall may not be deemed considered a commercial
co-venturer if the collection and distribution of the proceeds of
the sale, performance or event are supervised and controlled by
the benefiting charitable organization.

 
Sec. 2. 9 MRSA §5005, sub-§5 is enacted to read:

 
5.__Proceeds from the solicitation of goods involving a
commercial co-venturer.__If a charitable organization employs a
commercial co-venturer for the purpose of soliciting goods
through the placement of containers in public places, that
charitable organization shall file annually the following
information:

 
A.__The total money raised from contributions collected
during the year; and

 
B.__Out of the funds raised from contributions, the total
dollars that have been or will be expended for:

 
(1)__Program services;

 
(2)__Payments to commercial co-venturers; and

 
(3)__Management.

 
Sec. 3. 9 MRSA §5012, as repealed and replaced by PL 1989, c. 55,
§4, is amended by adding at the end a new paragraph to read:

 
A charitable organization that employs a commercial co-
venturer to solicit goods through the placement of containers in
public places shall post the disclosure required in this section
in writing that is clearly visible to a person placing a
contribution in the container.

 
Sec. 4. 9 MRSA §5012-A is enacted to read:


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