A professional solicitor or person who a professional solicitor employs or engages, directly or indirectly, to solicit contributions may not:

1.__Misrepresentation of relationship.__Misrepresent, directly or indirectly, that person's relationship to a charitable organization;

2.__Misrepresentation of fact.__Misrepresent, directly or indirectly, to a contributor or potential contributor any fact relating to the solicitation, including, but not limited to, the percentage of the contribution that will be paid over to the charitable organization or the purpose for which the contribution will be used;

3.__Use of contributions.__Represent, directly or indirectly, that any part of the contributions received will be given or donated to any charitable organization unless the organization has previously consented in writing to the use of its name; or

4.__Disclosure of information.__Solicit a contribution from any person in this State without clearly and conspicuously disclosing to the person, prior to the time the person makes or authorizes payment of a donation:

A.__The name and address of the professional solicitor;

B.__That the solicitor is being paid by the charitable organization on whose behalf the solicitation is being made; and

C.__How the potential contributor may obtain information from the State on the respective percentages of contributions that will be paid to the charitable organization and to the paid fund-raiser.

This section does not apply to a national bank, a federal savings bank, a subsidiary of a national bank or federal savings bank or any other financial institution or credit union chartered under the laws of the United States or any state and subject to supervision and regulation by a federal financial regulatory agency.

Sec. 16. 9 MRSA §5012, as amended by PL 1999, c. 656, §4, is amended to read:

§5012. Charitable solicitation disclosure