8. The bill modifies content requirements for a solicitation notice required to
be filed by a professional fund-raiser before performing services for a charitable
organization, eliminating specific requirements and instead providing DFI with
discretion over the contents of the notice.
9. The bill modifies disclosure requirements related to requests made by
professional fund-raisers, or by persons who solicit but are not professional
fund-raisers or their employees (unpaid solicitors), for contributions on behalf of
charitable organizations and creates an exception to disclosure requirements if the
charitable organization is not required to be registered with DFI or has obtained a
disclosure exemption. The bill eliminates the requirement that DFI specify by rule
criteria for this disclosure exemption, instead allowing DFI to prescribe forms and
procedures without rule making, and changes the definition of an unpaid solicitor to
expressly exclude bona fide employees of professional fund-raisers.
10. The bill shifts the requirement for retaining certain accounting records
from the charitable organization receiving the records to the fund-raising counsel
or professional fund-raiser generating the records, and requires the records to be
made available to DFI upon DFI's request.
11. The bill modifies a provision relating to prohibited acts in the planning,
management, or execution of a solicitation or charitable sales promotion so that the
provision applies more specifically to a charitable organization, fund-raising
counsel, or professional fund-raiser, rather than to a "person," but also applies more

broadly to the conduct of the affairs of the charitable organization, fund-raising
counsel, or professional fund-raiser, not solely to the planning, management, or
execution of a solicitation or charitable sales promotion. The bill also adds certain
acts to the list of prohibited acts, including acts related to misrepresenting the
tax-deductible status of contributions, misrepresenting a person's prior
contributions or a person's prior agreement to make a contribution, or failing to apply
contributions consistently with the solicitation.
12. The bill allows DFI to adjust, without rule making, certain threshold dollar
amounts related to registration or reporting, but creates a passive review process
with the Joint Committee for Review of Administrative Rules for these adjustments.
13. The bill makes changes to DFI's rules relating to charitable organizations,
professional fund-raisers, and fund-raising counsel, which changes correspond to
statutory changes.
Professional employer organizations
Under current law, a person engaged in the business of contracting to provide
to its clients a nontemporary, ongoing employee workforce, paid by the person from
its own account (professional employer organization), but not including a temporary
help agency or temporary help company, must be registered with DFI. This bill
makes changes relating to DFI's regulation of professional employer organizations,
including all of the following:
1. The bill modifies DFI's application procedures and requirements for initial
or renewal registration with DFI as a professional employer organization, as well as
certain post-registration requirements.
2. The bill modifies provisions related to the financial capability requirements
for professional employer organizations, which under current law may be satisfied
by maintaining working capital of at least $100,000 or, as an alternative,
maintaining a bond, certificate of deposit, escrow account, or irrevocable letter of
credit in at least a specified amount. The bill eliminates an exception to the $100,000
working capital requirement and provides that the only alternative to meeting this
working capital requirement is to maintain a bond.
3. The bill eliminates a requirement that DFI's alternative registration process
for professional employer organizations be specified by DFI rule, and makes the
alternative registration process permissive rather than mandatory.
4. The bill eliminates a requirement that DFI maintain on its Internet site a
list of all professional employer organizations, but requires DFI to make this list
available on request.
Other changes
The bill makes other changes applicable to charitable organizations,
professional fund-raisers, fund-raising counsel, and professional employer
organizations, including all of the following:
1. The bill eliminates a provision that allows an individual, if the individual
must provide to DFI his or her social security number, telephone number, street
address, or e-mail address (personal identifier) in connection with a registration, to
opt out of disclosure of the individual's personal identifier in any list that contains

personal identifiers of at least ten individuals and that DFI furnishes to other
persons.
2. The bill eliminates a requirement that DFI cooperate with certain other state
agencies to develop and maintain a computer linkup to provide access to registration
information.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB631,1 1Section 1. 202.01 (1m) of the statutes is created to read:
SB631,6,32 202.01 (1m) "Application" includes an application for initial registration and
3an application for renewal of a registration.
SB631,2 4Section 2. 202.02 (title) of the statutes is renumbered 202.031 (title) and
5amended to read:
SB631,6,6 6202.031 (title) General duties and powers.
SB631,3 7Section 3. 202.02 (1) of the statutes is renumbered 202.07 (2m).
SB631,4 8Section 4. 202.02 (2) of the statutes is renumbered 202.031 (1).
SB631,5 9Section 5. 202.02 (3) of the statutes is renumbered 202.031 (2), and 202.031
10(2) (b), as renumbered, is amended to read:
SB631,6,1311 202.031 (2) (b) Post a notice in a conspicuous place in the registrant's office or
12place of business, or on the registrant's Internet site, describing the procedures for
13filing a complaint against the registrant.
SB631,6 14Section 6. 202.02 (4) of the statutes is renumbered 202.021 (1) (b) and
15amended to read:
SB631,7,216 202.021 (1) (b) 1. The department shall require each applicant to provide his
17or her social security number with the applicant's application for a registration or

1registration renewal
, or, if the applicant is not an individual, the department shall
2require the applicant to provide its federal employer identification number.
SB631,7,83 2. If an applicant is an individual who does not have a social security number,
4the applicant shall submit a statement to the department made or subscribed under
5oath that the applicant does not have a social security number. The department of
6children and families shall prescribe the form of the statement. A registration issued
7in reliance upon a false statement submitted under this paragraph subdivision is
8invalid.
SB631,7,139 3. The department may not disclose a social security number obtained under
10par. (a) subd. 1. to any person except the department of children and families to
11administer s. 49.22, the department of revenue to request certifications under s.
1273.0301 and administer state taxes, and the department of workforce development
13to request certifications under s. 108.227.
SB631,7 14Section 7. 202.02 (5) of the statutes is repealed.
SB631,8 15Section 8. 202.02 (6) (a) of the statutes is renumbered 202.021 (2) (a) and
16amended to read:
SB631,8,217 202.021 (2) (a) The department may conduct an investigation of the applicant,
18including the applicant's members, officers, trustees, and directors,
to determine
19whether an the applicant satisfies any all of the eligibility requirements specified for
20the registration, including whether the applicant does not have. The investigation
21may include determining whether any of the applicant's members, officers, trustees,
22or directors has
an arrest or conviction record. In conducting an investigation under
23this paragraph, the department may require an applicant to provide any information
24that is necessary for the investigation, except that, for an investigation of an arrest

1or conviction record, the department shall comply with the requirements under par.
2(d)
.
SB631,9 3Section 9. 202.02 (6) (b) of the statutes is renumbered 202.031 (3) and
4amended to read:
SB631,8,85 202.031 (3) A registrant, or a registrant's officer, director, trustee, or member,
6who is convicted of a felony or misdemeanor anywhere shall send a notice of the
7conviction by 1st class mail to the department within 48 hours after the entry of the
8judgment of conviction.
SB631,10 9Section 10. 202.02 (6) (c) of the statutes is renumbered 202.07 (1m) (b) and
10amended to read:
SB631,8,1511 202.07 (1m) (b) The department may investigate whether an applicant or a
12registrant, or an officer, director, trustee, or member of a registrant, has been charged
13with or convicted of a crime. In conducting this investigation, the department may
14require a person for whom the department conducts an investigation to provide any
15information that is necessary for the investigation.
SB631,11 16Section 11. 202.02 (6) (d) of the statutes is repealed.
SB631,12 17Section 12. 202.02 (6) (e) of the statutes is renumbered 202.021 (2) (b) and
18amended to read:
SB631,8,2219 202.021 (2) (b) The If an officer, director, or member of an applicant has been
20convicted or has an arrest or conviction record, the
department shall may charge an
21applicant the fees, costs, or other expenses the department incurs for conducting an
22investigation under this subsection.
SB631,13 23Section 13. 202.02 (7) of the statutes is renumbered 202.021 (1) (c) and
24amended to read:
SB631,9,3
1202.021 (1) (c) The department may require the electronic submission of an
2application for registration or registration renewal or any other document or
3information that may be submitted to the department under this chapter.
SB631,14 4Section 14. 202.021 (title), (1) (title) and (a), (2) (title), (bn), (c) and (d), (3)
5(title) and (c), and (4) (title) and (a) (intro.), 1. and 4. of the statutes are created to
6read:
SB631,9,12 7202.021 (title) Registration. (1) (title) Applications for registration. (a)
8Applicants for registration under this chapter shall apply to the department, on
9forms and in the manner prescribed by the department. Forms prescribed by the
10department under this paragraph may contain any content or requirement that the
11department, in its discretion, determines necessary and these forms may be modified
12or updated as necessary by the department to carry out the purposes of this chapter.
SB631,9,13 13(2) (title) Completion of registration process.
SB631,9,1614 (bn) Subject to ss. 111.321, 111.322, and 111.335, the department may deny or
15limit the registration of an applicant or registrant that has a member, officer, trustee,
16or director who has been convicted of a felony or misdemeanor.
SB631,9,1817 (c) Except as provided in sub. (4), the department shall, after its review of an
18application, issue a certificate of registration to the applicant.
SB631,9,1919 (d) A registration issued under this chapter is not assignable or transferable.
SB631,9,20 20(3) (title) Renewal of registration.
SB631,9,2421 (c) 1. A registrant may apply to renew its registration by submitting to the
22department an application, fees, and any financial statement required by s. 202.22.
23For the renewal application to be timely, the renewal fee and application must be
24received by the department on or before the registration's expiration date.
SB631,10,4
12. Subject to subd. 4., a registrant whose renewal fee and completed application
2are not received by the department on or before the registration's expiration date, but
3are received within 60 days after the expiration date, must pay the late fee
4determined by the department under s. 202.041.
SB631,10,75 3. A registrant whose renewal fee and completed application are not received
6by the department within 60 days after the expiration date of the registration must
7submit an application for a new registration.
SB631,10,128 4. After the expiration date, a registrant that is required to renew its
9registration may not continue to conduct the activity for which the registration is
10required unless the registrant's certificate has been renewed by the department or
11the registrant has paid the renewal fee and filed a completed renewal application on
12or before the registration's expiration date.
SB631,10,14 13(4) (title) Denial of application. (a) (intro.) The department may not issue or
14renew a registration under this chapter if any of the following applies:
SB631,10,1815 1. The applicant has failed to submit a complete application to the department.
16Before denying an incomplete application, the department shall notify the applicant
17of any deficiencies in the application and give the applicant a reasonable amount of
18time to resolve the deficiencies.
SB631,10,2019 4. The department is not satisfied that the applicant or registrant will comply
20with this chapter and any rules promulgated under this chapter.
SB631,15 21Section 15. 202.025 (title) of the statutes is repealed.
SB631,16 22Section 16. 202.025 (1) (title) of the statutes is repealed.
SB631,17 23Section 17. 202.025 (1) (a) of the statutes is renumbered 202.021 (3) (a) and
24amended to read:
SB631,11,3
1202.021 (3) (a) The department shall give a notice of renewal to each registrant
2at least 30 days before the renewal expiration date of the registration. The
3department may give that notice by electronic transmission.
SB631,18 4Section 18. 202.025 (1) (b) of the statutes is renumbered 202.021 (3) (b) and
5amended to read:
SB631,11,106 202.021 (3) (b) Failure to receive a notice of renewal is not a defense in any
7disciplinary proceeding against a registrant or in any proceeding against a former
8registrant for practicing without a registration. Failure to receive a notice of renewal
9does not relieve a registrant from the obligation to pay a penalty for late renewal
10under sub. (2) par. (c).
SB631,19 11Section 19. 202.025 (2) and (3) (title) of the statutes are repealed.
SB631,20 12Section 20. 202.025 (3) (a) 1. of the statutes is renumbered 202.021 (4) (a) 2.
13and amended to read:
SB631,11,1714 202.021 (4) (a) 2. Notwithstanding ss. 202.12 to 202.14 and 202.23, if the The
15department determines that an the applicant for registration or registration renewal
16has failed to comply with any applicable requirement for the issuance or renewal, or
17that
of registration.
SB631,11,21 183. The department determines that the denial of an the application for
19registration or registration renewal
is necessary to protect the public health, safety,
20or welfare, the department may summarily deny the application for registration or
21registration renewal
.
SB631,21 22Section 21. 202.025 (3) (a) 2. of the statutes is renumbered 202.021 (4) (b) and
23amended to read:
SB631,12,424 202.021 (4) (b) If the department denies an application for registration or
25registration renewal
under subd. par. (a) 1., 2., 3., or 4., the department shall provide

1the applicant with a notice of denial that states the facts or conduct giving rise to the
2denial and states that the applicant may, within 30 days after the date stated on the
3notice of denial, file a written request with the department for the department to
4review the denial at a hearing.
SB631,22 5Section 22. 202.025 (3) (b) of the statutes is repealed.
SB631,23 6Section 23. 202.03 (title) of the statutes is repealed.
SB631,24 7Section 24. 202.03 of the statutes is renumbered 202.021 (4) (a) 5. and
8amended to read:
SB631,12,159 202.021 (4) (a) 5. Notwithstanding ss. 202.12 to 202.14 and 202.22, the
10department shall deny an application for an initial registration or for registration
11renewal, or revoke a registration, if the
The department of revenue certifies has
12certified
under s. 73.0301 that the applicant or registrant is liable for delinquent
13taxes or if the. An applicant whose application is denied under this subdivision for
14delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under
15s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.
SB631,12,21 166. The department of workforce development certifies has certified under s.
17108.227 that the applicant or registrant is liable for delinquent unemployment
18insurance contributions. An applicant whose application is denied under this
19subdivision for delinquent unemployment insurance contributions is entitled to a
20notice under s. 108.227 (2) (b) 1. b. and hearing under s. 108.227 (5) (a) but is not
21entitled to any other notice or hearing under this section.
SB631,25 22Section 25. 202.031 (5) (a) and (6) of the statutes are created to read:
SB631,13,223 202.031 (5) (a) Applicants and registrants shall keep current and accurate all
24material information contained in the application or on file with the department.

1Material information includes name, mailing address, electronic mail address, and
2trade names.
SB631,13,7 3(6) Before using any trade name in this state, the registrant shall inform the
4department in writing that the registrant intends to use the trade name. Unless the
5registrant is informed by the department within 30 days of submission of the trade
6name to the department that it may not use the proposed trade name, the registrant
7may use the trade name.
SB631,26 8Section 26. 202.035 (title), (1) and (2) (intro.) of the statutes are repealed.
SB631,27 9Section 27. 202.035 (2) (a) of the statutes is renumbered 202.06 (2) (e) and
10amended to read:
SB631,13,2411 202.06 (2) (e) Restrict, limit, The department shall restrict or suspend a
12registration, or deny an application for an initial registration, if the registrant,
13applicant, or a controlling person of the registrant or applicant is delinquent in
14paying support or
is an individual who fails to comply, after appropriate notice, with
15a subpoena or warrant issued by the department of children and families or a county
16child support agency under s. 59.53 (5) and
related to child support or paternity
17proceedings that is issued by the department of children and families or a county
18child support agency under s. 59.53 (5)
or who is delinquent in making court-ordered
19payments of child or family support, maintenance, birth expenses, medical expenses,
20or other expenses related to the support of a child or former spouse, as provided in
21a memorandum of understanding entered into under s. 49.857. An individual whose
22registration is restricted or suspended under this paragraph is entitled to a notice
23and hearing only as provided in a memorandum of understanding entered into under
24s. 49.857
.
SB631,28
1Section 28. 202.035 (2) (b) of the statutes is renumbered 202.021 (4) (a) 7. and
2amended to read:
SB631,14,153 202.021 (4) (a) 7. Deny an application for registration renewal if the registrant
4or a controlling person of the registrant is delinquent in paying support or
The
5applicant is an individual who
fails to comply, after appropriate notice, with a
6subpoena or warrant issued by the department of children and families or a county
7child support agency under s. 59.53 (5) and
related to child support or paternity
8proceedings that is issued by the department of children and families or a county
9child support agency under s. 59.53 (5)
or who is delinquent in making court-ordered
10payments of child or family support, maintenance, birth expenses, medical expenses,
11or other expenses related to the support of a child or former spouse, as provided in
12a memorandum of understanding entered into under s. 49.857. An applicant whose
13license is not issued or renewed under this subdivision for delinquent payments is
14entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice
15or hearing under this section
.
SB631,29 16Section 29. 202.04 (title) of the statutes is repealed.
SB631,30 17Section 30. 202.04 of the statutes is renumbered 202.031 (4) and amended to
18read:
SB631,14,2119 202.031 (4) A registrant may voluntarily surrender his or, her, or its
20registration. The department may refuse to accept that surrender if a complaint has
21been filed or a disciplinary proceeding has been commenced against the registrant.
SB631,31 22Section 31. 202.05 of the statutes is repealed.
SB631,32 23Section 32. 202.055 (title) of the statutes is repealed.
SB631,33 24Section 33. 202.055 (1) of the statutes is renumbered 202.031 (5) (b) and
25amended to read:
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