Maine Revised Statutes

§5006. Exemptions from license requirements

1. Exemption.  The following charitable organizations, persons and institutions are exempt from the license requirements of section 5004:
A. Organizations that solicit primarily within their membership and do not contract with a professional solicitor or professional fund-raising counsel. For purposes of this paragraph, the term "membership" does not include those persons who are granted a membership upon making a contribution as a result of a solicitation; [2013, c. 313, §12 (AMD).]
C. Persons soliciting contributions for the relief of any individual specified by name at the time of the solicitation, when all of the contributions collected, without any deductions whatsoever, are turned over to the named beneficiary for that individual's use; [1999, c. 386, Pt. A, §15 (AMD).]
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; [2013, c. 313, §13 (AMD).]
E. Educational institutions, the curriculums of which in whole or in part are registered or approved by the Department of Education, either directly or by acceptance of accreditation by an accrediting body recognized by the Department of Education, and organizations operated by the student bodies of such institutions; [2013, c. 60, §2 (AMD).]
F. Hospitals that are nonprofit and charitable; and [2013, c. 60, §3 (AMD).]
G. Free clinics. [2013, c. 60, §4 (NEW).]
[ 2013, c. 60, §§2-4 (AMD); 2013, c. 313, §§12,13 (AMD) .]
2. Exemption statement.
[ 1989, c. 55, §3 (RP) .]
3. Procedures for claiming exemption from licensure.  A charitable organization claiming to be exempt under subsection 1 must submit to the director annually on forms prescribed by the director and accompanied by the fee as set under section 5015-A a sworn statement setting forth the name and address of the organization and its principal executive personnel, the purpose of the organization and the factual basis for the exemption. The organization claiming exemption must include a copy of any financial statement, report or return filed with the federal Internal Revenue Service. The director shall issue annually an exemption to those organizations considered exempt under subsection 1.
[ 2013, c. 313, §14 (AMD) .]
SECTION HISTORY
1977, c. 488, §1 (NEW). 1977, c. 654, §§4-7 (AMD). 1977, c. 696, §363 (AMD). 1981, c. 456, §A30 (AMD). 1983, c. 277, §3 (AMD). 1989, c. 55, §3 (AMD). 1989, c. 700, §A35 (AMD). 1999, c. 386, §A15 (AMD). 2001, c. 323, §5 (AMD). 2007, c. 402, Pt. A, §5 (AMD). 2011, c. 286, Pt. B, §5 (REV). 2013, c. 60, §§2-4 (AMD). 2013, c. 313, §§12-14 (AMD).

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