163,29
Section
29. 202.04 (title) of the statutes is repealed.
163,30
Section
30. 202.04 of the statutes is renumbered 202.031 (4) and amended to read:
202.031 (4) A registrant may voluntarily surrender his or, her, or its registration. The department may refuse to accept that surrender if a complaint has been filed or a disciplinary proceeding has been commenced against the registrant.
163,31
Section
31. 202.05 of the statutes is repealed.
163,32
Section
32. 202.055 (title) of the statutes is repealed.
163,33
Section
33. 202.055 (1) of the statutes is renumbered 202.031 (5) (b) and amended to read:
202.031 (5) (b) An applicant or registrant that undergoes a change of name or address shall notify the department of the applicant's or registrant's new name or address Notification of any change to material information shall be made to the department within 30 days after the change and shall be made in writing or in accordance with other notification procedures approved by the department.
163,34
Section
34. 202.055 (2) of the statutes is renumbered 202.07 (3m).
163,35
Section
35. 202.055 (3) of the statutes is renumbered 202.031 (5) (c) and amended to read:
202.031 (5) (c) Any person who fails to comply with sub. (1) par. (b) shall be subject to a forfeiture of $50 for each violation.
163,36
Section
36. 202.06 (1) (title) of the statutes is repealed.
163,37
Section
37. 202.06 (1) of the statutes is renumbered 202.07 (1m) (a).
163,38
Section
38. 202.06 (2) of the statutes is renumbered 202.06 (2) (c), and 202.06 (2) (c) 1., as renumbered, is amended to read:
202.06 (2) (c) 1. Made a material misrepresentation or false statement in an application for registration or registration renewal or in any other information submitted to the department or in a report under s. 108.067.
163,39
Section
39. 202.06 (2) (d), (f) and (g) of the statutes are created to read:
202.06 (2) (d) Subject to ss. 111.321, 111.322, and 111.335, the department may reprimand a registrant or deny, limit, suspend, revoke, restrict, refuse to renew, or otherwise withhold a registration if the department finds that the registrant has a member, officer, trustee, or director who has been convicted of a felony or misdemeanor.
(f) The department shall revoke a registration if the department of revenue certifies under s. 73.0301 that the registrant is liable for delinquent taxes. A registrant whose registration is revoked under this paragraph for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a).
(g) The department shall revoke a registration if the department of workforce development certifies under s. 108.227 that the registrant is liable for delinquent unemployment insurance contributions. A registrant whose registration is revoked under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s. 108.227 (2) (b) 1. b. and a hearing under s. 108.227 (5) (a).
163,40
Section
40. 202.06 (3) of the statutes is amended to read:
202.06 (3) Forfeiture. In addition to or in lieu of a reprimand or a denial, limitation, suspension, revocation, restriction, nonrenewal, or other withholding of a registration under sub. (2) (c), the department may assess against an applicant, registrant, or controlling person a forfeiture of not more than $1,000 for each violation.
163,41
Section
41. 202.07 (title) of the statutes is repealed and recreated to read:
202.07 (title) General powers of the department.
163,42
Section
42. 202.07 (1) of the statutes is renumbered 202.07 (5m) (a).
163,43
Section
43. 202.07 (2) of the statutes is renumbered 202.07 (5m) (b).
163,44
Section
44. 202.07 (3) of the statutes is renumbered 202.07 (5m) (c), and 202.07 (5m) (c) 1., as renumbered, is amended to read:
202.07 (5m) (c) 1. An administrative warning does not constitute an adjudication of guilt or the imposition of discipline and, except as provided in par. (b)
subd. 2., may not be used as evidence that the registrant is guilty of the alleged misconduct.
163,45
Section
45. 202.07 (4) of the statutes is renumbered 202.07 (5m) (d).
163,46
Section
46. 202.08 of the statutes is renumbered 202.041, and 202.041 (2), as renumbered, is amended to read:
202.041 (2) Before the department makes any fee adjustment under sub. (1), the department shall send a notification of the proposed fee adjustments to the cochairpersons of the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of financial institutions within 14 working days after the date of the department's notification that the committee has scheduled a meeting for the purpose of reviewing the proposed fee adjustments, the fee adjustments may be made as proposed. The department shall notify registrants of the fee adjustments by posting the fee adjustments on the department's Internet site and in registration renewal notices sent to affected registrants under s. 202.025 (1) 202.021 (3) (a). If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the secretary of financial institutions that the committee has scheduled a meeting for the purpose of reviewing the proposed fee adjustments, the fee adjustments may be made only upon approval of the committee.
163,47
Section
47. 202.09 of the statutes is renumbered 202.051.
163,48
Section
48. 202.095 (title) of the statutes is repealed.
163,49
Section
49. 202.095 of the statutes is renumbered 202.07 (4m) and amended to read:
202.07 (4m) The department shall
may promulgate rules to implement this chapter.
163,50
Section
50. 202.11 (5) (intro.) of the statutes is amended to read:
202.11 (5) (intro.) "Contribution" means a grant or pledge of money, credit, property, or other thing of any kind or value, except food, used clothing, or used household goods, to a charitable organization or for a charitable purpose. "Contribution" does not include income from any of the following:
163,51
Section
51. 202.11 (7) (d) of the statutes is amended to read:
202.11 (7) (d) A bona fide employee of a person who employs another person to solicit in this state professional fund-raiser that is registered under this chapter.
163,52
Section
52. 202.11 (10) of the statutes is amended to read:
202.11 (10) "Unpaid solicitor" means a person who solicits in this state and who is not a professional fund-raiser and is not a bona fide employee of a professional fund-raiser that is registered under this chapter.
163,53
Section
53. 202.12 (1) (title) of the statutes is amended to read:
202.12 (1) (title) Annual registration Registration requirement.
163,54
Section
54. 202.12 (1) (b) (intro.) of the statutes is repealed and recreated to read:
202.12 (1) (b) (intro.) Applicants for a charitable organization registration shall apply to the department, in the form and manner prescribed by the department. Each application that is not a renewal application shall be accompanied by any information required by the department, including all of the following:
163,55
Section
55. 202.12 (1) (b) 1. and 2. of the statutes are repealed.
163,56
Section
56. 202.12 (1) (b) 2g. of the statutes is amended to read:
202.12 (1) (b) 2g. Submits to the department an annual A reviewed financial report statement for the most recently completed fiscal year of the charitable organization, if the charitable organization received contributions in excess of $5,000 $300,000, subject to adjustment under sub. (8), but not more than $100,000
$500,000, subject to adjustment under sub. (8), during its most recently completed fiscal year. The statement shall be prepared in accordance with generally accepted accounting principles and include a review of the financial statement by an independent certified public accountant.
163,57
Section
57. 202.12 (1) (b) 2r. of the statutes is amended to read:
202.12 (1) (b) 2r. Submits to the department an 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 $500,000, subject to adjustment under sub. (8), during its most recently completed fiscal year. The statement shall be prepared in accordance with generally accepted accounting principles and include the opinion of an independent certified public accountant on the financial statement.
163,58
Section
58. 202.12 (1) (b) 3. of the statutes is renumbered 202.12 (1) (b) 1m. and amended to read:
202.12 (1) (b) 1m. Pays to the department the The registration fee determined by the department under s. 202.08 202.041.
163,59
Section
59. 202.12 (1) (c) and (d) of the statutes are repealed.
163,60
Section
60. 202.12 (1) (e) of the statutes is created to read:
202.12 (1) (e) All charitable organization registrations expire on July 31 of each year.
163,61
Section
61. 202.12 (2) of the statutes is repealed.
163,62
Section
62. 202.12 (3) (title) of the statutes is amended to read:
202.12 (3) (title) Annual financial report; audit requirement.
163,63
Section
63. 202.12 (3) (a) (intro.) of the statutes is renumbered 202.12 (3) (a) and amended to read:
202.12 (3) (a) Except as provided in pars. (am), (b), and (bm), and in rules promulgated under sub. (8), a A charitable organization that received contributions in excess of $5,000 during its most recently completed fiscal year registered under sub. (1) shall file with the department an annual financial report for the charitable organization's most recently completed fiscal year. The department shall prescribe the form of the report and shall prescribe standards for its completion. The annual financial report shall be filed within 12 months after the end of that fiscal year and shall include all of the following:.
163,64
Section
64. 202.12 (3) (a) 1., 2., 3. and 4. of the statutes are repealed.
163,65
Section
65. 202.12 (3) (am) of the statutes is repealed.
163,66
Section
66. 202.12 (3) (b) of the statutes is amended to read:
202.12 (3) (b) Except as provided in rules promulgated under sub. (8) In addition to the annual report required under par. (a), if a charitable organization received contributions in excess of $400,000
$500,000, subject to adjustment under sub. (8), during its most recently completed fiscal year, the charitable organization shall file with the department, in lieu of a report under par. (a), an audited financial statement for the charitable organization's most recently completed fiscal year, prepared in accordance with generally accepted accounting principles, and the opinion of an independent certified public accountant on the financial statement. The audited financial statement shall be filed within 6 12 months after the end of that fiscal year.
163,67
Section
67. 202.12 (3) (bm) of the statutes is amended to read:
202.12 (3) (bm) Except as provided in rules promulgated under sub. (8) In addition to the annual report required under par. (a), if a charitable organization received contributions in excess of $200,000
$300,000, subject to adjustment under sub. (8), but less
not more than $400,000 $500,000, subject to adjustment under sub. (8), during its most recently completed fiscal year, the charitable organization shall file with the department, in lieu of a report under par. (a), a financial statement for the charitable organization's most recently completed fiscal year, prepared in accordance with generally accepted accounting principles, and a review of the financial statement by an independent certified public accountant. The financial statement shall be filed within 6 12 months after the end of that fiscal year.
163,68
Section
68. 202.12 (3) (c) of the statutes is repealed.
163,69
Section
69. 202.12 (3) (d) of the statutes is created to read:
202.12 (3) (d) A charitable organization may apply to the department for a waiver of the requirement set forth in par. (b) or (bm). The waiver application shall be in writing, be received by the department within 90 days after the charitable organization's fiscal year-end, and include documentation to support all of the following:
1. The charitable organization's contributions were, during each of the past 3 fiscal years, less than $100,000, subject to adjustment under sub. (8).
2. During the fiscal year for which the waiver is being requested, the charitable organization received one or more contributions from one contributor that exceeded $200,000, subject to adjustment under sub. (8), if the charitable organization is applying for a waiver of the requirement set forth in par. (bm), or exceeded $400,000, subject to adjustment under sub. (8), if the charitable organization is applying for a waiver of the requirement set forth in par. (b).
163,70
Section
70. 202.12 (4) of the statutes is repealed.
163,71
Section
71. 202.12 (5) (a) 3. of the statutes is amended to read:
202.12 (5) (a) 3. Except as provided in par. (b)
and in rules promulgated under sub. (8), a charitable organization that does not intend to raise or receive contributions in excess of $5,000 $25,000, subject to adjustment under sub. (8), during a fiscal year, if all of its functions, including solicitation, are performed by persons who are unpaid for their services and if no part of its assets or income inures to the benefit of, or is paid to, any officer or member of the charitable organization.
163,72
Section
72. 202.12 (5) (a) 9. of the statutes is created to read:
202.12 (5) (a) 9. Any corporation established by an act of the United States Congress that is required by federal law to submit to Congress annual reports, fully audited by the United States Department of Defense, of its activities including itemized accounts of all receipts and expenditures.
163,73
Section
73. 202.12 (5) (b) of the statutes is amended to read:
202.12 (5) (b) Except as provided in rules promulgated under sub. (8), if If a charitable organization would otherwise be exempt under par. (a) 3., but it raises or receives more than $5,000 $25,000, subject to adjustment under sub. (8), in contributions, it shall, within 30 days after the date on which its contributions exceed $5,000 this amount, register as required under sub. (1).
163,74
Section
74. 202.12 (6m) (a) 3. of the statutes is created to read:
202.12 (6m) (a) 3. That the contribution is not tax-deductible, if this disclosure is applicable.
163,75
Section
75. 202.12 (6m) (d) of the statutes is created to read:
202.12 (6m) (d) The disclosures required by this subsection are required unless the unpaid solicitor is soliciting a contribution for a charitable organization that is not required to be registered under sub. (1) or that has obtained a disclosure exemption under par. (e).
163,76
Section
76. 202.12 (7) of the statutes is repealed and recreated to read:
202.12 (7) Relationship with fund-raising counsel and professional fund-raisers. (a) A charitable organization that is required to be registered under sub. (1), and that permits a fund-raising counsel to perform any material services for the charitable organization, shall do all of the following:
1. Before permitting the fund-raising counsel to perform any material services for the charitable organization, ensure the fund-raising counsel is registered under s. 202.13 (1) or is not required to be registered.
2. Before permitting the fund-raising counsel to perform any material services for the charitable organization, contract in writing with the fund-raising counsel, unless the fund-raising counsel is exempt under s. 202.13 (6) from contracting in writing with the charitable organization. Requirements for the contract are specified in s. 202.13 (3).
3. Retain, for at least 3 years, the accounting the fund-raising counsel is required to provide to the charitable organization under s. 202.13 (4) (a) and make this accounting available to the department upon request.
4. Maintain an account at a financial institution within which the fund-raising counsel shall deposit, in its entirety, within 5 days after its receipt, a contribution of money received by the fund-raising counsel on behalf of the charitable organization. The account shall be in the name of the charitable organization, and the charitable organization shall have sole control of all withdrawals from the account.
(b) A charitable organization that is required to be registered under sub. (1), and that permits a professional fund-raiser to perform any material services for the charitable organization, shall do all of the following:
1. Before permitting the professional fund-raiser to perform any material services for the charitable organization, ensure the professional fund-raiser is registered under s. 202.14 (1) or is not required to be registered.
2. Before permitting the professional fund-raiser to perform any material services for the charitable organization, contract in writing with the professional fund-raiser. Requirements for the contract are specified in s. 202.14 (4).
