Sec. 1. 25 MRSA §3701, sub-§6 is enacted to read:

6.__Solicitation agent.__"Solicitation agent" means a person or entity that receives payment for or retains any portion of the proceeds from soliciting.__"Solicitation agent" includes, but is not limited to, a person or entity that receives or retains reimbursement for expenses related to soliciting.

Sec. 2. 25 MRSA §3702-A, as enacted by PL 1991, c. 510, §2, is amended to read:

§3702-A. Solicitation unlawful

A person 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.

SUMMARY

Current law prohibits any person from soliciting donations on behalf of a law enforcement officer, agency or association. The purpose of this law is to eliminate the coercion that is inherent in may solicitations by or on behalf of law enforcement officers since a prospective donor may not feel totally free to reject the request in light of the solicitor's position, whether an officer or a financially interested agent of the officer or association, and to preserve public confidence in the integrity of law enforcement by avoiding that appearance of coercion.

In order to eliminate the appearance of coercion inherent in this situation, this bill prohibits a law enforcement agency, association, officer or solicitation agent, defined as someone who benefits financially from the proceeds of the solicitation, from soliciting on behalf of a law enforcement officer, agency or association. A person who does not gain any financial benefit from the donation may solicit donations since the person solicited may be told that the solicitor will not gain any tangible benefit and, consequently, will not be concerned with who donates.