AB40: Bill Text

AB40,949,5 (d) The cost of rental services under a rental-purchase agreement.

AB40,949,6 (e) Whether the property is new or used.

AB40,949,12 (2) Exceptions. If property is offered for rent under a rental-purchase agreement through a catalog, whether print or electronic, or if the size of the property is such that displaying a card or tag on or next to the property would be impractical, a rental-purchase company may make the disclosures required under sub. (1) in a catalog, list, or disclosure sheet if the catalog, list, or disclosure sheet is readily available to prospective lessees and provided upon request.

AB40,949,14 420.11 Rule making. The department may promulgate rules to administer and enforce the requirements of this chapter.

AB40,949,18 420.12 Penalties. (1) Award of damages. Subject to sub. (3), a rental-purchase company that violates any provision of this chapter, rule promulgated under this chapter, or order issued under this chapter pertaining to a lessee is liable to the lessee in an amount equal to the greater of the following:

AB40,949,19 (a) The actual damages sustained by the lessee as a result of the violation.

AB40,949,22 (b) If the action is not brought as a class action, 25 percent of the total payments necessary for the lessee to acquire ownership of the rental property, but not less than $100 nor more than $1,000.

AB40,949,24 (c) If the action is brought as a class action, the amount the court determines to be appropriate, subject to sub. (2).

AB40,950,8 (2) Damage limitations in class actions. The total recovery by all lessees in any class action or series of class actions arising out of the same violation may not be more than the lesser of $500,000 or 1 percent of the net worth of the rental-purchase company. In determining the amount of any award in a class action, the court shall consider, among other relevant factors, the amount of actual damages awarded, the frequency and persistence of the violation, the rental-purchase company's resources, and the extent to which the rental-purchase company's violation was intentional.

AB40,950,13 (3) Unintentional violations. A rental-purchase company is not liable for any violation of this chapter if the rental-purchase company shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error, and the rental-purchase company maintained procedures reasonably adapted to avoid such an error.

AB40,950,17 (4) Costs and attorney fees. If a court awards any monetary amount under sub. (1) to a lessee, the rental-purchase company shall also be liable to the lessee for the costs of the action and, notwithstanding s. 814.04 (1), for reasonable attorney fees as determined by the court.

AB40,950,25 420.13 Inapplicability of Consumer Act and ch. 409. A rental-purchase company that has filed notice as provided under s. 420.02 (1) is not subject to the Wisconsin Consumer Act, chs. 421 to 427, or any related rule or order adopted under chs. 421 to 427, or to any provision of ch. 409, and any rental-purchase agreement entered into by such a rental-purchase company may not be construed or regulated as a security interest, credit sale, retail installment sale, conditional sale, or any other form of consumer credit, nor considered to be the creation of a debt or extension of credit.

AB40,2178 Section 2178. 421.202 (11) of the statutes is created to read:

AB40,951,4 421.202 (11) Any rental-purchase company that has filed notice as provided under s. 420.02 (1) and any rental-purchase agreement entered into by such a rental-purchase company.

AB40,2179 Section 2179. 440.03 (7m) of the statutes is amended to read:

AB40,951,15 440.03 (7m) The department may promulgate rules that establish procedures for submitting an application for a credential or credential renewal by electronic transmission. Any rules promulgated under this subsection shall specify procedures for complying with any requirement that a fee be submitted with the application. The rules may also waive any requirement in chs. 440 to 480 that an application submitted to the department, an examining board or an affiliated credentialing board be executed, verified, signed, sworn or made under oath, notwithstanding ss. 440.26 (2) (b), 440.42 (2) (intro.), 440.91 (2) (intro.), 443.06 (1) (a), 443.10 (2) (a), 445.04 (2), 445.08 (4), 445.095 (1) (a), 448.05 (7), 450.09 (1) (a), 452.10 (1) and 480.08 (2m).

AB40,2180 Section 2180. 440.03 (13) (b) 29. of the statutes is repealed.

AB40,2181 Section 2181. 440.03 (13) (b) 57m. of the statutes is repealed.

AB40,2182 Section 2182. 440.03 (13) (b) 58. of the statutes is repealed.

AB40,2183 Section 2183. 440.05 (intro.) of the statutes is amended to read:

AB40,951,22 440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 444.03, 444.11, 446.02 (2) (c), 447.04 (2) (c) 2., 449.17 (1m) (d), and 449.18 (2) (d):

AB40,2184 Section 2184. 440.08 (2) (a) 23m. of the statutes is repealed.

AB40,2185 Section 2185. 440.08 (2) (a) 35m. of the statutes is repealed.

AB40,2186 Section 2186. 440.08 (2) (a) 63p. of the statutes is repealed.

AB40,2187 Section 2187. 440.08 (2) (a) 63t. of the statutes is repealed.

AB40,2188 Section 2188. Subchapter IV (title) of chapter 440 [precedes 440.41] of the statutes is renumbered subchapter II (title) of chapter 202 [precedes 202.11].

AB40,2189 Section 2189. 440.41 (intro.) of the statutes is renumbered 202.11 (intro.).

AB40,2190 Section 2190. 440.41 (1) of the statutes is renumbered 202.11 (1).

AB40,2191 Section 2191. 440.41 (2) (intro.) of the statutes is renumbered 202.11 (2) (intro.).

AB40,2192 Section 2192. 440.41 (2) (a) of the statutes is renumbered 202.11 (2) (a).

AB40,2193 Section 2193. 440.41 (2) (b) of the statutes is renumbered 202.11 (2) (b) and amended to read:

AB40,952,13 202.11 (2) (b) A benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic, or other eleemosynary objective.

AB40,2194 Section 2194. 440.41 (3) of the statutes is renumbered 202.11 (3) and amended to read:

AB40,952,20 202.11 (3) "Charitable sales promotion" means an advertising or sales campaign, that is conducted by a person who is regularly and primarily engaged in trade or commerce for profit other than in connection with soliciting , which and that represents that the purchase or use of goods or services offered will benefit, in whole or in part, a charitable organization or charitable purpose.

AB40,2195 Section 2195. 440.41 (4) of the statutes is renumbered 202.11 (4).

AB40,2196 Section 2196. 440.41 (5) of the statutes is renumbered 202.11 (5) (intro.) and amended to read:

AB40,953,2 202.11 (5) (intro.) "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 any of the following:

AB40,953,3 (a) Bingo or raffles conducted under ch. 563, a.

AB40,953,4 (b) A government grant, or a.

AB40,953,9 (c) A bona fide fee, due, or assessment paid by a member of a charitable organization, except that, if initial membership in a charitable organization is conferred solely as consideration for making a grant or pledge of money to the charitable organization in response to a solicitation, the that grant or pledge of money is a contribution.

AB40,2197 Section 2197. 440.41 (6) of the statutes is renumbered 202.11 (6) (intro.) and amended to read:

AB40,953,17 202.11 (6) (intro.) "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 in this state or employ, engage, or provide any person who is paid to solicit contributions in this state. "Fund-raising counsel" does not include an any of the following:

AB40,953,20 (a) An attorney, investment counselor, or employee of a financial institution who, in the normal course of his or her work as an attorney, investment counselor, or employee of a financial institution, advises a person to make a contribution or a.

AB40,953,22 (b) A bona fide employee, volunteer, or salaried officer of a charitable organization.

AB40,2198 Section 2198. 440.41 (7) of the statutes is renumbered 202.11 (7) (intro.) and amended to read:

AB40,954,4 202.11 (7) (intro.) "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 any of the following:

AB40,954,8 (a) An attorney, investment counselor, or employee of a financial institution who, in the normal course of his or her work as an attorney, investment counselor, or employee of a financial institution, advises a person to make a charitable contribution, a .

AB40,954,10 (b) A bona fide employee, volunteer, wholly owned subsidiary, or salaried officer of a charitable organization, an.

AB40,954,12 (c) An employee of a temporary help agency who is placed with a charitable organization or a .

AB40,954,14 (d) A bona fide employee of a person who employs another person to solicit in this state.

AB40,2199 Section 2199. 440.41 (8) of the statutes is renumbered 202.11 (8).

AB40,2200 Section 2200. 440.41 (9) (intro.) of the statutes is renumbered 202.11 (9) (intro.).

AB40,2201 Section 2201. 440.41 (9) (a) of the statutes is renumbered 202.11 (9) (a).

AB40,2202 Section 2202. 440.41 (9) (b) of the statutes is renumbered 202.11 (9) (b) and amended to read:

AB40,954,24 202.11 (9) (b) An announcement to the news media or by radio, television, telephone, telegraph, or other transmission of images or information concerning the a request for contributions a contribution by or for a charitable organization or for a charitable purpose.

AB40,2203 Section 2203. 440.41 (9) (c) of the statutes is renumbered 202.11 (9) (c) and amended to read:

AB40,955,5 202.11 (9) (c) The distribution or posting of a handbill, written advertisement, or other publication which that directly or by implication seeks contributions a contribution.

AB40,2204 Section 2204. 440.41 (9) (d) (intro.) of the statutes is renumbered 202.11 (9) (d) (intro.) and amended to read:

AB40,955,11 202.11 (9) (d) (intro.) 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:

AB40,2205 Section 2205. 440.41 (9) (d) 1. of the statutes is renumbered 202.11 (9) (d) 1.

AB40,2206 Section 2206. 440.41 (9) (d) 2. of the statutes is renumbered 202.11 (9) (d) 2.

AB40,2207 Section 2207. 440.41 (9) (d) 3. of the statutes is renumbered 202.11 (9) (d) 3.

AB40,2208 Section 2208. 440.41 (10) of the statutes is renumbered 202.11 (10).

AB40,2209 Section 2209. 440.42 of the statutes is renumbered 202.12, and 202.12 (1) (b) 3., (c) and (d), (2) (b), (c), (g) and (L) 1. and 2., (3) (a) 2., (5) (a) 1., 2., 3., 3m. and 5. and (7) (a), (b) and (c), as renumbered, are amended to read:

AB40,955,20 202.12 (1) (b) 3. Pays to the department a $15 the registration fee determined by the department under s. 202.08.

AB40,956,2 (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 in a form provided and manner prescribed by the department, on or before the expiration date specified in s. 440.08 (2) (a) by August 1 of each year and shall include a registration statement that complies with sub. (2) and the renewal fee determined by the department under s. 440.03 (9) (a) 202.08.

AB40,956,6 (d) Within 20 days after receiving Upon the department's review of 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.

AB40,956,11 (2) (b) The address and telephone number, and electronic mail address, if available, 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.

AB40,956,13 (c) The names and the addresses of the officers, directors and, trustees, and the principal salaried employees of the charitable organization.

AB40,956,16 (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.

AB40,956,19 (L) 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.

AB40,956,22 2. A statement of the place where and the date when the charitable organization was legally established, the form of its organization , and whether it has tax-exempt status.

AB40,956,24 (3) (a) 2. A statement of support, revenue, expenses , and changes in fund balance.

AB40,957,3 (5) (a) 1. A person that is exempt from filing a federal annual information return under section 6033 (a) (2) (3) (A) (i) and (iii) and (C) (i) of the internal revenue code Internal Revenue Code.

AB40,957,6 2. A candidate for national, state, or local office or a political party or other committee or group required to file financial information with the federal elections commission or a filing officer under s. 11.02.

AB40,957,12 3. Except as provided in par. (b) and in rules promulgated under sub. (8), a charitable organization which that does not intend to raise or receive contributions in excess of $5,000 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.

AB40,957,14 3m. A fraternal, civic, benevolent, patriotic, or social organization that solicits contributions solely from its membership.

AB40,957,19 5. A nonprofit, postsecondary educational institution accredited by a regional accrediting agency or association approved under 20 USC 1099b, or an educational institution and its authorized charitable foundations which that solicit contributions only from its students and their families, alumni, faculty, trustees, corporations, foundations, and patients.

AB40,957,24 (7) (a) Before a fund-raising counsel performs any material services for a charitable organization that is required to be registered under sub. (1), the charitable organization shall contract in writing with the fund-raising counsel, except as provided in par. (c). Requirements for the contract are specified in s. 440.43 202.13 (3).

AB40,958,4 (b) Before a professional fund-raiser performs any material services for a charitable organization that is required to be registered under sub. (1), the charitable organization shall contract in writing with the professional fund-raiser. Requirements for the contract are specified in s. 440.44 202.14 (4).

AB40,958,6 (c) Paragraph (a) does not apply if the fund-raising counsel is exempt under s. 440.43 202.13 (6) from contracting in writing with the charitable organization.

AB40,2210 Section 2210. 440.43 of the statutes is renumbered 202.13, and 202.13 (1) (a), (b) 3. and (c), (3), (5) and (6), as renumbered, are amended to read:

AB40,958,12 202.13 (1) (a) Except as provided in sub. (6), no fund-raising counsel may at any time have custody of contributions from a solicitation for a charitable organization that is required to be registered under s. 440.42 202.12 (1) unless the fund-raising counsel is registered with the department under this subsection.

AB40,958,16 (b) 3. Pays to the department a $50 the registration fee determined by the department under s. 202.08, except that no registration fee is required under this subdivision for an individual who is eligible for the veterans fee waiver program under s. 45.44.

AB40,958,24 (c) The department shall issue a certificate of registration to each fund-raising counsel that is registered under this subsection. Renewal applications shall be submitted to the department, on in a form provided and manner prescribed by the department, on or before the date specified in s. 440.08 (2) (a) by September 1 of each even-numbered year and shall include the renewal fee determined by the department under s. 440.03 (9) (a) 202.08 and evidence satisfactory to the department that the fund-raising counsel maintains a bond that is approved under sub. (2).

AB40,959,8 (3) Contract. Except as provided in sub. (6), before a fund-raising counsel performs any material services for a charitable organization that is required to be registered under s. 440.42 202.12 (1), the charitable organization and the fund-raising counsel shall contract in writing, and the fund-raising counsel shall file the contract with the department. The contract shall contain information that will enable the department to identify the services that the fund-raising counsel is to provide, including whether the fund-raising counsel will at any time have custody of contributions.

AB40,959,14 (5) Department disclosure. The department shall not disclose information under sub. (4) (c) 1. except to the extent necessary for investigative or law enforcement purposes and except that the department may, if requested under s. 49.22 (2m), disclose information regarding the name, address, or employer of or financial information related to an individual to the department of children and families or a county child support agency under s. 59.53 (5).

AB40,959,21 (6) Exceptions. This section does not apply to a fund-raising counsel who does not intend to earn more than $1,000 per year as a fund-raising counsel, except that a fund-raising counsel who does not intend to earn more than $1,000 but does earn more than $1,000 in a year shall, beginning 30 days after actually earning more than $1,000 in a year, comply with sub. (3) and, if the fund-raising counsel at any time has custody of contributions for a charitable organization that is required to be registered under s. 440.42 202.12 (1), register under sub. (1).

AB40,2211 Section 2211. 440.44 of the statutes is renumbered 202.14, and 202.14 (1) (a), (b) 3., (c) and (d), (3) (intro.), (4) (a), (7), (8), (9) (a) 2. and (10), as renumbered, are amended to read: