AB40,948,19 18(2) The total number and total dollar amount of all rental payments necessary
19to acquire ownership of the property.
AB40,948,21 20(3) That the lessee does not acquire ownership of the property if the lessee fails
21to make all payments necessary to acquire ownership of the property.
AB40,948,25 22420.10 Price cards displayed. (1) Price cards generally. Except as
23provided in sub. (2), a card or tag that clearly and conspicuously states all of the
24following shall be displayed on or next to any property displayed or offered by a
25rental-purchase company for rent under a rental-purchase agreement:
AB40,949,1
1(a) The cash price that a lessee would pay to purchase the property.
AB40,949,22 (b) The amount and timing of the rental payments.
AB40,949,43 (c) The total number and total amount of all rental payments necessary to
4acquire ownership of the property under a rental-purchase agreement.
AB40,949,55 (d) The cost of rental services under a rental-purchase agreement.
AB40,949,66 (e) Whether the property is new or used.
AB40,949,12 7(2) Exceptions. If property is offered for rent under a rental-purchase
8agreement through a catalog, whether print or electronic, or if the size of the property
9is such that displaying a card or tag on or next to the property would be impractical,
10a rental-purchase company may make the disclosures required under sub. (1) in a
11catalog, list, or disclosure sheet if the catalog, list, or disclosure sheet is readily
12available to prospective lessees and provided upon request.
AB40,949,14 13420.11 Rule making. The department may promulgate rules to administer
14and enforce the requirements of this chapter.
AB40,949,18 15420.12 Penalties. (1) Award of damages. Subject to sub. (3), a
16rental-purchase company that violates any provision of this chapter, rule
17promulgated under this chapter, or order issued under this chapter pertaining to a
18lessee is liable to the lessee in an amount equal to the greater of the following:
AB40,949,1919 (a) The actual damages sustained by the lessee as a result of the violation.
AB40,949,2220 (b) If the action is not brought as a class action, 25 percent of the total payments
21necessary for the lessee to acquire ownership of the rental property, but not less than
22$100 nor more than $1,000.
AB40,949,2423 (c) If the action is brought as a class action, the amount the court determines
24to be appropriate, subject to sub. (2).
AB40,950,8
1(2) Damage limitations in class actions. The total recovery by all lessees in
2any class action or series of class actions arising out of the same violation may not
3be more than the lesser of $500,000 or 1 percent of the net worth of the
4rental-purchase company. In determining the amount of any award in a class action,
5the court shall consider, among other relevant factors, the amount of actual damages
6awarded, the frequency and persistence of the violation, the rental-purchase
7company's resources, and the extent to which the rental-purchase company's
8violation was intentional.
AB40,950,13 9(3) Unintentional violations. A rental-purchase company is not liable for any
10violation of this chapter if the rental-purchase company shows by a preponderance
11of the evidence that the violation was not intentional and resulted from a bona fide
12error, and the rental-purchase company maintained procedures reasonably adapted
13to avoid such an error.
AB40,950,17 14(4) Costs and attorney fees. If a court awards any monetary amount under
15sub. (1) to a lessee, the rental-purchase company shall also be liable to the lessee for
16the costs of the action and, notwithstanding s. 814.04 (1), for reasonable attorney fees
17as determined by the court.
AB40,950,25 18420.13 Inapplicability of Consumer Act and ch. 409. A rental-purchase
19company that has filed notice as provided under s. 420.02 (1) is not subject to the
20Wisconsin Consumer Act, chs. 421 to 427, or any related rule or order adopted under
21chs. 421 to 427, or to any provision of ch. 409, and any rental-purchase agreement
22entered into by such a rental-purchase company may not be construed or regulated
23as a security interest, credit sale, retail installment sale, conditional sale, or any
24other form of consumer credit, nor considered to be the creation of a debt or extension
25of credit.
AB40,2178
1Section 2178. 421.202 (11) of the statutes is created to read:
AB40,951,42 421.202 (11) Any rental-purchase company that has filed notice as provided
3under s. 420.02 (1) and any rental-purchase agreement entered into by such a
4rental-purchase company.
AB40,2179 5Section 2179. 440.03 (7m) of the statutes is amended to read:
AB40,951,156 440.03 (7m) The department may promulgate rules that establish procedures
7for submitting an application for a credential or credential renewal by electronic
8transmission. Any rules promulgated under this subsection shall specify procedures
9for complying with any requirement that a fee be submitted with the application.
10The rules may also waive any requirement in chs. 440 to 480 that an application
11submitted to the department, an examining board or an affiliated credentialing
12board be executed, verified, signed, sworn or made under oath, notwithstanding ss.
13440.26 (2) (b), 440.42 (2) (intro.), 440.91 (2) (intro.), 443.06 (1) (a), 443.10 (2) (a),
14445.04 (2), 445.08 (4), 445.095 (1) (a), 448.05 (7), 450.09 (1) (a), 452.10 (1) and 480.08
15(2m).
AB40,2180 16Section 2180. 440.03 (13) (b) 29. of the statutes is repealed.
AB40,2181 17Section 2181. 440.03 (13) (b) 57m. of the statutes is repealed.
AB40,2182 18Section 2182. 440.03 (13) (b) 58. of the statutes is repealed.
AB40,2183 19Section 2183. 440.05 (intro.) of the statutes is amended to read:
AB40,951,22 20440.05 Standard fees. (intro.) The following standard fees apply to all initial
21credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 444.03, 444.11,
22446.02 (2) (c), 447.04 (2) (c) 2., 449.17 (1m) (d), and 449.18 (2) (d):
AB40,2184 23Section 2184. 440.08 (2) (a) 23m. of the statutes is repealed.
AB40,2185 24Section 2185. 440.08 (2) (a) 35m. of the statutes is repealed.
AB40,2186 25Section 2186. 440.08 (2) (a) 63p. of the statutes is repealed.
AB40,2187
1Section 2187. 440.08 (2) (a) 63t. of the statutes is repealed.
AB40,2188 2Section 2188. Subchapter IV (title) of chapter 440 [precedes 440.41] of the
3statutes is renumbered subchapter II (title) of chapter 202 [precedes 202.11].
AB40,2189 4Section 2189. 440.41 (intro.) of the statutes is renumbered 202.11 (intro.).
AB40,2190 5Section 2190. 440.41 (1) of the statutes is renumbered 202.11 (1).
AB40,2191 6Section 2191. 440.41 (2) (intro.) of the statutes is renumbered 202.11 (2)
7(intro.).
AB40,2192 8Section 2192. 440.41 (2) (a) of the statutes is renumbered 202.11 (2) (a).
AB40,2193 9Section 2193. 440.41 (2) (b) of the statutes is renumbered 202.11 (2) (b) and
10amended to read:
AB40,952,1311 202.11 (2) (b) A benevolent, educational, philanthropic, humane, scientific,
12patriotic, social welfare or advocacy, public health, environmental conservation,
13civic, or other eleemosynary objective.
AB40,2194 14Section 2194. 440.41 (3) of the statutes is renumbered 202.11 (3) and amended
15to read:
AB40,952,2016 202.11 (3) "Charitable sales promotion" means an advertising or sales
17campaign, that is conducted by a person who is regularly and primarily engaged in
18trade or commerce for profit other than in connection with soliciting , which and that
19represents that the purchase or use of goods or services offered will benefit, in whole
20or in part, a charitable organization or charitable purpose.
AB40,2195 21Section 2195. 440.41 (4) of the statutes is renumbered 202.11 (4).
AB40,2196 22Section 2196. 440.41 (5) of the statutes is renumbered 202.11 (5) (intro.) and
23amended to read:
AB40,953,224 202.11 (5) (intro.) "Contribution" means a grant or pledge of money, credit,
25property, or other thing of any kind or value, except used clothing or household goods,

1to a charitable organization or for a charitable purpose. "Contribution" does not
2include income from bingo any of the following:
AB40,953,3 3(a) Bingo or raffles conducted under ch. 563, a.
AB40,953,4 4(b) A government grant, or a.
AB40,953,9 5(c) A bona fide fee, due, or assessment paid by a member of a charitable
6organization, except that, if initial membership in a charitable organization is
7conferred solely as consideration for making a grant or pledge of money to the
8charitable organization
in response to a solicitation, the that grant or pledge of
9money is a contribution.
AB40,2197 10Section 2197. 440.41 (6) of the statutes is renumbered 202.11 (6) (intro.) and
11amended to read:
AB40,953,1712 202.11 (6) (intro.) "Fund-raising counsel" means a person who, for
13compensation, plans, manages, advises, consults, or prepares material for, or with
14respect to, solicitation in this state for a charitable organization, but who does not
15solicit and who does not in this state or employ, engage, or provide any person who
16is paid to solicit contributions in this state. "Fund-raising counsel" does not include
17an any of the following:
AB40,953,20 18(a) An attorney, investment counselor, or employee of a financial institution
19who, in the normal course of his or her work as an attorney, investment counselor,
20or employee of a financial institution,
advises a person to make a contribution or a.
AB40,953,22 21(b) A bona fide employee, volunteer, or salaried officer of a charitable
22organization.
AB40,2198 23Section 2198. 440.41 (7) of the statutes is renumbered 202.11 (7) (intro.) and
24amended to read:
AB40,954,4
1202.11 (7) (intro.) "Professional fund-raiser" means a person who, for
2compensation, solicits in this state or employs, engages, or provides, directly or
3indirectly, another person who is paid to solicit in this state. "Professional
4fund-raiser" does not include an any of the following:
AB40,954,8 5(a) An attorney, investment counselor, or employee of a financial institution
6who, in the normal course of his or her work as an attorney, investment counselor,
7or employee of a financial institution,
advises a person to make a charitable
8contribution, a .
AB40,954,10 9(b) A bona fide employee, volunteer, wholly owned subsidiary, or salaried officer
10of a charitable organization, an.
AB40,954,12 11(c) An employee of a temporary help agency who is placed with a charitable
12organization or a .
AB40,954,14 13(d) A bona fide employee of a person who employs another person to solicit in
14this state.
AB40,2199 15Section 2199. 440.41 (8) of the statutes is renumbered 202.11 (8).
AB40,2200 16Section 2200. 440.41 (9) (intro.) of the statutes is renumbered 202.11 (9)
17(intro.).
AB40,2201 18Section 2201. 440.41 (9) (a) of the statutes is renumbered 202.11 (9) (a).
AB40,2202 19Section 2202. 440.41 (9) (b) of the statutes is renumbered 202.11 (9) (b) and
20amended to read:
AB40,954,2421 202.11 (9) (b) An announcement to the news media or by radio, television,
22telephone, telegraph, or other transmission of images or information concerning the
23a request for contributions a contribution by or for a charitable organization or for
24a
charitable purpose.
AB40,2203
1Section 2203. 440.41 (9) (c) of the statutes is renumbered 202.11 (9) (c) and
2amended to read:
AB40,955,53 202.11 (9) (c) The distribution or posting of a handbill, written advertisement,
4or other publication which that directly or by implication seeks contributions a
5contribution
.
AB40,2204 6Section 2204. 440.41 (9) (d) (intro.) of the statutes is renumbered 202.11 (9)
7(d) (intro.) and amended to read:
AB40,955,118 202.11 (9) (d) (intro.) The sale of, or offer or attempt to sell, a membership or
9an advertisement, advertising space, book, card, tag, coupon, device, magazine,
10merchandise, subscription, flower, ticket, candy, cookie, or other tangible item in
11connection with any of the following:
AB40,2205 12Section 2205. 440.41 (9) (d) 1. of the statutes is renumbered 202.11 (9) (d) 1.
AB40,2206 13Section 2206. 440.41 (9) (d) 2. of the statutes is renumbered 202.11 (9) (d) 2.
AB40,2207 14Section 2207. 440.41 (9) (d) 3. of the statutes is renumbered 202.11 (9) (d) 3.
AB40,2208 15Section 2208. 440.41 (10) of the statutes is renumbered 202.11 (10).
AB40,2209 16Section 2209. 440.42 of the statutes is renumbered 202.12, and 202.12 (1) (b)
173., (c) and (d), (2) (b), (c), (g) and (L) 1. and 2., (3) (a) 2., (5) (a) 1., 2., 3., 3m. and 5. and
18(7) (a), (b) and (c), as renumbered, are amended to read:
AB40,955,2019 202.12 (1) (b) 3. Pays to the department a $15 the registration fee determined
20by the department under s. 202.08
.
AB40,956,221 (c) The department shall issue a certificate of registration to each charitable
22organization that is registered under this subsection. Renewal applications shall be
23submitted to the department, on in a form provided and manner prescribed by the
24department, on or before the expiration date specified in s. 440.08 (2) (a) by August

11 of each year
and shall include a registration statement that complies with sub. (2)
2and the renewal fee determined by the department under s. 440.03 (9) (a) 202.08.
AB40,956,63 (d) Within 20 days after receiving Upon the department's review of an
4application for registration or for renewal of a registration under this subsection, the
5department shall notify the charitable organization of any deficiencies in the
6application, registration statement, or fee payment.
AB40,956,11 7(2) (b) The address and telephone number, and electronic mail address, if
8available,
of the charitable organization and the address and telephone number of
9any offices in this state or, if the charitable organization does not have an address,
10the name, address, and telephone number of the person having custody of its
11financial records.
AB40,956,1312 (c) The names and the addresses of the officers, directors and, trustees, and the
13principal salaried employees of the charitable organization.
AB40,956,1614 (g) A statement of whether the charitable organization has ever had its
15authority to solicit denied, suspended, revoked, or enjoined by a court or other
16governmental authority.
AB40,956,1917 (L) 1. A copy of the charitable organization's charter, articles of organization,
18agreement of association, instrument of trust, constitution, or other organizational
19instrument and bylaws.
AB40,956,2220 2. A statement of the place where and the date when the charitable
21organization was legally established, the form of its organization , and whether it has
22tax-exempt status.
AB40,956,24 23(3) (a) 2. A statement of support, revenue, expenses , and changes in fund
24balance.
AB40,957,3
1(5) (a) 1. A person that is exempt from filing a federal annual information
2return under section 6033 (a) (2) (3) (A) (i) and (iii) and (C) (i) of the internal revenue
3code
Internal Revenue Code.
AB40,957,64 2. A candidate for national, state, or local office or a political party or other
5committee or group required to file financial information with the federal elections
6commission or a filing officer under s. 11.02.
AB40,957,127 3. Except as provided in par. (b) and in rules promulgated under sub. (8), a
8charitable organization which that does not intend to raise or receive contributions
9in excess of $5,000 during a fiscal year, if all of its functions, including solicitation,
10are performed by persons who are unpaid for their services and if no part of its assets
11or income inures to the benefit of, or is paid to, any officer or member of the charitable
12organization.
AB40,957,1413 3m. A fraternal, civic, benevolent, patriotic, or social organization that solicits
14contributions solely from its membership.
AB40,957,1915 5. A nonprofit, postsecondary educational institution accredited by a regional
16accrediting agency or association approved under 20 USC 1099b, or an educational
17institution and its authorized charitable foundations which that solicit contributions
18only from its students and their families, alumni, faculty, trustees, corporations,
19foundations, and patients.
AB40,957,24 20(7) (a) Before a fund-raising counsel performs any material services for a
21charitable organization that is required to be registered under sub. (1), the charitable
22organization shall contract in writing with the fund-raising counsel, except as
23provided in par. (c). Requirements for the contract are specified in s. 440.43 202.13
24(3).
AB40,958,4
1(b) Before a professional fund-raiser performs any material services for a
2charitable organization that is required to be registered under sub. (1), the charitable
3organization shall contract in writing with the professional fund-raiser.
4Requirements for the contract are specified in s. 440.44 202.14 (4).
AB40,958,65 (c) Paragraph (a) does not apply if the fund-raising counsel is exempt under
6s. 440.43 202.13 (6) from contracting in writing with the charitable organization.
AB40,2210 7Section 2210. 440.43 of the statutes is renumbered 202.13, and 202.13 (1) (a),
8(b) 3. and (c), (3), (5) and (6), as renumbered, are amended to read:
AB40,958,129 202.13 (1) (a) Except as provided in sub. (6), no fund-raising counsel may at
10any time have custody of contributions from a solicitation for a charitable
11organization that is required to be registered under s. 440.42 202.12 (1) unless the
12fund-raising counsel is registered with the department under this subsection.
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