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 of the statutes is repealed.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 of the statutes is repealed.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 of the statutes is repealed.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 of the statutes is repealed.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.
AB40,958,1613 (b) 3. Pays to the department a $50 the registration fee determined by the
14department under s. 202.08, except that no registration fee is required under this
15subdivision for an individual who is eligible for the veterans fee waiver program
16under s. 45.44
.
AB40,958,2417 (c) The department shall issue a certificate of registration to each fund-raising
18counsel that is registered under this subsection. Renewal applications shall be
19submitted to the department, on in a form provided and manner prescribed by the
20department, on or before the date specified in s. 440.08 (2) (a) by September 1 of each
21even-numbered year
and shall include the renewal fee determined by the
22department under s. 440.03 (9) (a) 202.08 and evidence satisfactory to the
23department that the fund-raising counsel maintains a bond that is approved under
24sub. (2).
AB40,959,8
1(3) Contract. Except as provided in sub. (6), before a fund-raising counsel
2performs any material services for a charitable organization that is required to be
3registered under s. 440.42 202.12 (1), the charitable organization and the
4fund-raising counsel shall contract in writing, and the fund-raising counsel shall
5file the contract with the department. The contract shall contain information that
6will enable the department to identify the services that the fund-raising counsel is
7to provide, including whether the fund-raising counsel will at any time have custody
8of contributions.
AB40,959,14 9(5) Department disclosure. The department shall not disclose information
10under sub. (4) (c) 1. except to the extent necessary for investigative or law
11enforcement purposes and except that the department may, if requested under s.
1249.22 (2m), disclose information regarding the name, address, or employer of or
13financial information related to an individual to the department of children and
14families or a county child support agency under s. 59.53 (5).
AB40,959,21 15(6) Exceptions. This section does not apply to a fund-raising counsel who does
16not intend to earn more than $1,000 per year as a fund-raising counsel, except that
17a fund-raising counsel who does not intend to earn more than $1,000 but does earn
18more than $1,000 in a year shall, beginning 30 days after actually earning more than
19$1,000 in a year, comply with sub. (3) and, if the fund-raising counsel at any time has
20custody of contributions for a charitable organization that is required to be registered
21under s. 440.42 202.12 (1), register under sub. (1).
AB40,2211 22Section 2211. 440.44 of the statutes is renumbered 202.14, and 202.14 (1) (a),
23(b) 3., (c) and (d), (3) (intro.), (4) (a), (7), (8), (9) (a) 2. and (10), as renumbered, are
24amended to read:
AB40,960,3
1202.14 (1) (a) No professional fund-raiser may solicit in this state for a
2charitable organization that is required to be registered under s. 440.42 202.12 (1)
3unless the professional fund-raiser is registered under this subsection.
AB40,960,74 (b) 3. Pays to the department a $50 the registration fee determined by the
5department under s. 202.08
, except that no registration fee is required under this
6subdivision for an individual who is eligible for the veterans fee waiver program
7under s. 45.44.
AB40,960,158 (c) The department shall issue a certificate of registration to each professional
9fund-raiser that is registered under this subsection. Renewal applications shall be
10submitted to the department, on in a form provided and manner prescribed by the
11department, on or before the date specified in s. 440.08 (2) (a) by September 1 of each
12even-numbered year
and shall include the renewal fee determined by the
13department under s. 440.03 (9) (a) 202.08 and evidence satisfactory to the
14department that the professional fund-raiser maintains a bond that is approved
15under sub. (2).
AB40,960,1916 (d) Within 20 days after receiving Upon the department's review of an
17application for registration or for renewal of a registration under this subsection, the
18department shall notify the professional fund-raiser of any deficiencies in the
19application, bond, or fee payment.
AB40,961,2 20(3) (intro.) Before performing services under a contract with a charitable
21organization that is required to be registered under s. 440.42 202.12 (1), a
22professional fund-raiser shall file with the department a completed solicitation
23notice in the form and manner prescribed by the department. The charitable
24organization on whose behalf the professional fund-raiser is acting shall file with the
25department a written confirmation that the solicitation notice and any

1accompanying material are true and complete to the best of its knowledge. The
2solicitation notice shall include all of the following:
AB40,961,10 3(4) (a) A professional fund-raiser and a charitable organization that is
4required to be registered under s. 440.42 202.12 (1) shall enter into a written contract
5that clearly states the respective obligations of the professional fund-raiser and the
6charitable organization and states the amount of gross revenue, raised under the
7contract, that the charitable organization will receive. The amount of the gross
8revenue that the charitable organization will receive shall be expressed as a fixed
9percentage of the gross revenue or as an estimated percentage of the gross revenue,
10as provided in pars. (b) to (d).
AB40,961,18 11(7) Financial report. Within 90 days after completing services under a
12contract described in sub. (4), and on the anniversary of the signing of a contract
13described under sub. (4) lasting more than one year, the professional fund-raiser
14shall, if the charitable organization is required to be registered under s. 440.42
15202.12 (1), account in writing to the charitable organization for all contributions
16received and all expenses incurred under the contract. The charitable organization
17shall retain the accounting for at least 3 years and make it available to the
18department upon request.
AB40,961,24 19(8) Depositing contributions. A professional fund-raiser shall deposit, in its
20entirety, a contribution of money received by the professional fund-raiser, on behalf
21of a charitable organization required to be registered under s. 440.42 202.12 (1), in
22an account at a financial institution within 5 days after its receipt. The account shall
23be in the name of the charitable organization. The charitable organization shall have
24sole control of all withdrawals from the account.
AB40,962,2
1(9) (a) 2. The name and residence address of each employee, agent, or other
2person involved in the solicitation.
AB40,962,8 3(10) Nondisclosure. The department may not disclose information under sub.
4(9) (a) 1. to any person except to the extent necessary for investigative or law
5enforcement purposes and except that the department may, if requested under s.
649.22 (2m), disclose information regarding the name, address, or employer of or
7financial information related to an individual to the department of children and
8families or a county child support agency under s. 59.53 (5).
AB40,2212 9Section 2212. 440.45 of the statutes is renumbered 202.15 and amended to
10read:
AB40,962,21 11202.15 Charitable sales promotions. If a commercial coventurer conducts
12a charitable sales promotion on behalf of a charitable organization that is required
13to be registered under s. 440.42 202.12 (1), the commercial coventurer shall disclose
14in each advertisement for the charitable sales promotion the dollar amount, or
15percentage of price, per unit of goods or services purchased or used that will benefit
16the charitable organization or charitable purpose. If the actual dollar amount or
17percentage cannot reasonably be determined on the date of the advertisement, the
18commercial coventurer shall disclose an estimated dollar amount or percentage. The
19estimate shall be based upon all of the relevant facts known to the commercial
20coventurer and to the charitable organization regarding the charitable sales
21promotion.
AB40,2213 22Section 2213. 440.455 of the statutes is renumbered 202.155, and 202.155 (1)
23(intro.) and (b), (2) and (3) (intro.), as renumbered, are amended to read:
AB40,963,424 202.155 (1) (intro.) Except as provided in sub. (4), if a professional fund-raiser
25or unpaid solicitor solicits a contribution for a charitable organization that is

1required to be registered under s. 440.42 202.12 (1), the professional fund-raiser or
2unpaid solicitor shall, at the time of the solicitation or with a written confirmation
3of a solicitation, prior to accepting a contribution, make the following disclosures to
4the person from whom the contribution is solicited:
AB40,963,75 (b) That a financial statement of the charitable organization disclosing assets,
6liabilities, fund balances, revenue, and expenses for the preceding fiscal year will be
7provided to the person upon request.
AB40,963,12 8(2) The financial statement under sub. (1) (b) shall, at a minimum, divide
9expenses into categories of management and general, program services and
10fund-raising. If the charitable organization is required to file an annual financial
11report under s. 440.42 202.12 (3) (a), the financial statement under sub. (1) (b) shall
12be consistent with that annual financial report.
AB40,963,16 13(3) (intro.) In addition to the requirements under subs. (1) and (2), except as
14provided in sub. (4), if a professional fund-raiser solicits on behalf of a charitable
15organization that is required to be registered under s. 440.42 202.12 (1), all of the
16following apply:
AB40,2214 17Section 2214. 440.46 of the statutes is renumbered 202.16, and 202.16 (1)
18(intro.), (b), (c), (e) and (g), as renumbered, are amended to read:
AB40,963,2019 202.16 (1) (intro.) No person may, in the planning, management, or execution
20of a solicitation or charitable sales promotion, do any of the following:
AB40,963,2421 (b) Imply that a contribution is for or on behalf of a charitable organization or
22use any emblem, device, or printed matter belonging to or associated with a
23charitable organization without first being authorized in writing to do so by the
24charitable organization.
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