| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 9 MRSA §5003, sub-§3, as enacted by PL 1977, c. 488, §1, is | amended to read: |
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| | 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. |
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| | Sec. 2. 9 MRSA §5005, sub-§5 is enacted to read: |
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| | 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: |
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| A.__The total money raised from contributions collected | during the year; and |
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| B.__Out of the funds raised from contributions, the total | dollars that have been or will be expended for: |
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| (2)__Payments to commercial co-venturers; and |
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| | Sec. 3. 9 MRSA §5012, as repealed and replaced by PL 1989, c. 55, | §4, is amended by adding at the end a new paragraph to read: |
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| | 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. |
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| | Sec. 4. 9 MRSA §5012-A is enacted to read: |
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