440.26(5)(a)(a) The requirement that a person acting as a private detective, investigator or special investigator be licensed under this section does not apply to attorneys, law students or law school graduates employed by an attorney or persons directly employed by an attorney or firm of attorneys whose work as private detective, investigator or special investigator is limited to such attorney or firm or to persons directly employed by an insurer or a retail credit rating establishment. A person who accepts employment with more than one law firm shall be subject to the licensing provisions of this section.
440.26(5)(b)
(b) The license requirements of this section do not apply to any person employed directly or indirectly by the state or by a municipality, as defined in
s. 345.05 (1) (c), or to any employe of a railroad company under
s. 192.47, or to any employe of a commercial establishment, while the person is acting within the scope of his or her employment and whether or not he or she is on the employer's premises.
440.26(5)(c)
(c) An employe of any agency that is licensed as a private detective agency under this section and that is doing business in this state as a supplier of uniformed private security personnel to patrol exclusively on the private property of industrial plants, business establishments, schools, colleges, hospitals, sports stadiums, exhibits and similar activities is exempt from the license requirements of this section while engaged in such employment, if all of the following apply:
440.26(5)(c)2.
2. The private detective agency furnishes an up-to-date written record of its employes to the department. The record shall include the name, residence address, date of birth and a physical description of each employe together with a recent photograph and 2 fingerprint cards bearing a complete set of fingerprints of each employe.
440.26(5)(c)3.
3. The private detective agency notifies the department in writing within 5 days of any change in the information under
subd. 2. regarding its employes, including the termination of employment of any person.
440.26(5m)(a)(a) The department shall issue a private security permit to an individual if all of the following apply:
440.26(5m)(a)1.
1. The individual submits an application for a private security permit to the department on a form provided by the department.
440.26(5m)(a)2.
2. The individual has not been convicted in this state or elsewhere of a felony, unless he or she has been pardoned for that felony.
440.26(5m)(a)3.
3. The individual provides evidence satisfactory to the department that he or she is an employe of a private detective agency described in
sub. (5) (c).
440.26(5m)(b)
(b) The renewal dates for permits issued under this subsection are specified under
s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in
s. 440.08 (2) (a).
440.26(5m)(c)
(c) A private security permit issued under this subsection authorizes the holder of the permit to engage in private security activities described in
sub. (5) (c) for an employer described in
sub. (5) (c) anywhere in this state.
440.26(5m)(d)
(d) The department shall maintain a record pertaining to each applicant for a permit under this subsection and each holder of a permit issued under this subsection. The record shall include all information received by the department that is relevant to the approval or denial of the application, the issuance of the permit and any limitations, suspensions or revocations of the permit.
440.26(5r)
(5r) Temporary private security permit. 440.26(5r)(a)(a) The department shall issue a temporary private security permit to an individual at the request of the individual if all of the following apply:
440.26(5r)(a)1.
1. The individual has completed an application and provided information required under
sub. (5m) (a).
440.26(5r)(a)2.
2. The department is not yet able to grant or deny the individual's application because a background check of the individual is not complete.
440.26(5r)(b)1.1. Except as provided in
subd. 2., an individual who has been issued a temporary private security permit under
par. (a) may act as a private security person in the same manner as an individual issued a private security permit under
sub. (5m).
440.26(5r)(b)2.
2. An individual may not carry a dangerous weapon while acting as a private security person under a temporary private security permit issued under
par. (a).
440.26(5r)(c)1.1. Except as provided in
subd. 2., a temporary private security permit issued under
par. (a) is valid for 30 days.
440.26(5r)(c)2.
2. A temporary private security permit issued under
par. (a) shall expire on the date that the individual receives written notice from the department that a background check of the individual has been completed and that the department is granting or denying the individual's application for a private security permit, if that date occurs before the end of the period specified in
subd. 1.
440.26(5r)(c)3.
3. A temporary private security permit issued under
par. (a) may not be renewed.
440.26(6)(a)(a) Subject to the rules adopted under
s. 440.03 (1), the department may reprimand the holder of a license or permit issued under this section or revoke, suspend or limit the license or permit of any person who has done any of the following:
440.26(6)(a)1.
1. Been convicted of a misdemeanor or found to have violated any state or local law that is punishable by a forfeiture, subject to
ss. 111.321,
111.322 and
111.335.
440.26(6)(a)2.
2. Engaged in conduct reflecting adversely on his or her professional qualification.
440.26(6)(a)3.
3. Made a false statement in connection with any application for a license or permit under this section.
440.26(6)(a)4.
4. Violated this section or any rule promulgated or order issued under this section.
440.26(6)(b)
(b) Subject to the rules promulgated under
s. 440.03 (1), the department shall revoke the license or permit of any person who has been convicted of a felony in this state or elsewhere and who has not been pardoned for that felony.
440.26(8)
(8) Penalties. Any person, acting as a private detective, investigator or private security person, or who employs any person who solicits, advertises or performs services in this state as a private detective or private security person, or investigator or special investigator, without having procured the license or permit required by this section, may be fined not less than $100 nor more than $500 or imprisoned not less than 3 months nor more than 6 months or both. Any agency having an employe, owner, officer or agent convicted of the above offense may have its agency license revoked or suspended by the department. Any person convicted of the above offense shall be ineligible for a license for one year.
440.26 Cross-reference
Cross-reference: See s.
134.57 for requirement that all settlements made with an employe or fiduciary agent, where the detective is to be paid a percentage of the amount recovered, must be submitted to the circuit court for approval.
440.26 Annotation
See note to 340.01, citing 61 Atty. Gen. 421.
440.26 Annotation
Police officers working as private security persons are subject to same licensing provisions in this section as are non-police officers. 69 Atty. Gen. 226.
440.26 Annotation
This section doesn't apply to qualified arson experts or other expert witnesses merely because they may investigate matters relating to their field of expertise.
76 Atty. Gen. 35.
SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES
440.41
440.41
Definitions. In this subchapter:
440.41(1)
(1) "Charitable organization" means any of the following:
440.41(1)(a)
(a) An organization that is described in section
501 (c) (3) of the internal revenue code and that is exempt from taxation under section
501 (a) of the internal revenue code.
440.41(1)(b)
(b) A person who is or purports to be established for a charitable purpose.
440.41(2)
(2) "Charitable purpose" means any of the following:
440.41(2)(a)
(a) A purpose described in section
501 (c) (3) of the internal revenue code.
440.41(2)(b)
(b) A benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic or other eleemosynary objective.
440.41(3)
(3) "Charitable sales promotion" means an advertising or sales campaign, conducted by a person who is regularly and primarily engaged in trade or commerce for profit other than in connection with soliciting, which represents that the purchase or use of goods or services offered will benefit, in whole or in part, a charitable organization or charitable purpose.
440.41(4)
(4) "Commercial coventurer" means a person who is regularly and primarily engaged in trade or commerce for profit other than in connection with soliciting and who conducts a charitable sales promotion.
440.41(5)
(5) "Contribution" means a grant or pledge of money, credit, property or other thing of any kind or value, except used clothing or household goods, to a charitable organization or for a charitable purpose. "Contribution" does not include income from bingo or raffles conducted under
ch. 563, a government grant, or a bona fide fee, due or assessment paid by a member of a charitable organization, except that, if initial membership is conferred solely as consideration for making a grant or pledge of money in response to a solicitation, the grant or pledge of money is a contribution.
440.41(6)
(6) "Fund-raising counsel" means a person who, for compensation, plans, manages, advises, consults or prepares material for, or with respect to, solicitation in this state for a charitable organization, but who does not solicit and who does not employ, engage or provide any person who is paid to solicit contributions. "Fund-raising counsel" does not include an attorney, investment counselor or employe of a financial institution who advises a person to make a contribution or a bona fide employe, volunteer or salaried officer of a charitable organization.
440.41(7)
(7) "Professional fund-raiser" means a person who, for compensation, solicits in this state or employs, engages or provides, directly or indirectly, another person who is paid to solicit in this state. "Professional fund-raiser" does not include an attorney, investment counselor or employe of a financial institution who advises a person to make a charitable contribution, a bona fide employe, volunteer, wholly owned subsidiary or salaried officer of a charitable organization, an employe of a temporary help agency who is placed with a charitable organization or a bona fide employe of a person who employs another person to solicit in this state.
440.41(8)
(8) "Solicit" means to request, directly or indirectly, a contribution and to state or imply that the contribution will be used for a charitable purpose or will benefit a charitable organization.
440.41(9)
(9) "Solicitation" means the act or practice of soliciting, whether or not the person soliciting receives any contribution. "Solicitation" includes any of the following methods of requesting or securing a contribution:
440.41(9)(b)
(b) An announcement to the news media or by radio, television, telephone, telegraph or other transmission of images or information concerning the request for contributions by or for a charitable organization or charitable purpose.
440.41(9)(c)
(c) The distribution or posting of a handbill, written advertisement or other publication which directly or by implication seeks contributions.
440.41(9)(d)
(d) The sale of, or offer or attempt to sell, a membership or an advertisement, advertising space, book, card, tag, coupon, device, magazine, merchandise, subscription, flower, ticket, candy, cookie or other tangible item in connection with any of the following:
440.41(9)(d)1.
1. A request for financial support for a charitable organization or charitable purpose.
440.41(9)(d)2.
2. The use of or reference to the name of a charitable organization as a reason for making a purchase.
440.41(9)(d)3.
3. A statement that all or a part of the proceeds from the sale will be used for a charitable purpose or will benefit a charitable organization.
440.41(10)
(10) "Unpaid solicitor" means a person who solicits in this state and who is not a professional fund-raiser.
440.41 History
History: 1991 a. 278,
315.
440.42
440.42
Regulation of charitable organizations. 440.42(1)(1)
Annual registration requirement. 440.42(1)(a)(a) Except as provided in
sub. (5), no charitable organization may solicit in this state or have contributions solicited in this state on its behalf unless it is registered with the department under this subsection.
440.42(1)(b)
(b) The department shall promptly register a charitable organization that does all of the following:
440.42(1)(b)1.
1. Submits to the department an application for registration on a form provided by the department.
440.42(1)(b)2.
2. Submits to the department a registration statement that complies with
sub. (2).
440.42(1)(b)2g.
2g. Submits to the department an annual financial report for the most recently completed fiscal year of the charitable organization, if the charitable organization received contributions in excess of $5,000 but not more than $100,000 during its most recently completed fiscal year.
440.42(1)(b)2r.
2r. Submits to the department an audited financial statement for the most recently completed fiscal year of the charitable organization, if the charitable organization received contributions in excess of $100,000 during its most recently completed fiscal year.
440.42(1)(c)
(c) The department shall issue a certificate of registration to each charitable organization that is registered under this subsection. Renewal applications shall be submitted to the department, on a form provided by the department, on or before the expiration date specified in
s. 440.08 (2) (a) and shall include a registration statement that complies with
sub. (2) and the renewal fee specified in
s. 440.08 (2) (a).
440.42(1)(d)
(d) Within 20 days after receiving an application for registration or for renewal of a registration under this subsection, the department shall notify the charitable organization of any deficiencies in the application, registration statement or fee payment.
440.42(2)
(2) Registration statement. Except as provided in
sub. (3), a registration statement required under
sub. (1) shall be signed and sworn to by 2 authorized officers, including the chief fiscal officer, of the charitable organization and shall include all of the following:
440.42(2)(a)
(a) The name of the charitable organization and the purpose for which it is organized.
440.42(2)(b)
(b) The address and telephone number of the charitable organization and the address and telephone number of any offices in this state or, if the charitable organization does not have an address, the name, address and telephone number of the person having custody of its financial records.
440.42(2)(c)
(c) The names and the addresses of the officers, directors and trustees and the principal salaried employes of the charitable organization.
440.42(2)(f)
(f) A statement of whether the charitable organization is authorized by any other governmental authority to solicit.
440.42(2)(g)
(g) A statement of whether the charitable organization has ever had its authority to solicit denied, suspended, revoked or enjoined by a court or other governmental authority.
440.42(2)(h)
(h) The charitable purpose or purposes for which contributions will be used.
440.42(2)(i)
(i) The name or names under which it intends to solicit.
440.42(2)(j)
(j) The names of the persons within the charitable organization who have final responsibility for the custody of contributions.
440.42(2)(k)
(k) The names of the persons within the charitable organization who are responsible for the final distribution of contributions.
440.42(2)(L)
(L) If the registration statement is submitted to the department with an initial application for registration, all of the following:
440.42(2)(L)1.
1. A copy of the charitable organization's charter, articles of organization, agreement of association, instrument of trust, constitution or other organizational instrument and bylaws.
