Sec. 3. 9 MRSA §5003, sub-§4-B is enacted to read:

4-B.__Department.__"Department" means the Department of Professional and Financial Regulation.

Sec. 4. 9 MRSA §5003, sub-§9, as amended by PL 1977, c. 654, §1, is further amended to read:

9. Professional fund-raising counsel. "Professional fund- raising counsel" means any person who, for a flat fixed fee under a written agreement or for a fee computed under a written agreement on the basis of funds actually raised or to be raised, or for any financial consideration of any kind or amount, plans, conducts, manages, carries on, advises or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for or on behalf of any charitable organization is retained, for compensation, by a charitable organization to plan, manage, advise or provide consultation services with respect to the solicitation in this State of contributions, but who does not solicit contributions, has neither custody nor control of contributions and does not directly or indirectly employ, procure or engage any person compensated to solicit contributions. A bona fide salaried officer or employee of a charitable organization, including an employee of a parent organization, shall not be deemed to be a professional fund-raising counsel unless that person's salary or other compensation is computed on the basis of funds to be raised or actually raised or the services performed by the person are performed on behalf of some organization other than the one which employs that person or a chapter, branch or affiliate thereof nontemporary salaried officer or employee of a charitable organization is not considered to be a professional fund-raising counsel. No An attorney, investment counselor or banker who advises any person to make a contribution to a charitable organization shall be deemed is not, as the result of such advice, to be a professional fund-raising counsel.