AB40: Bill Text

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 of the statutes is repealed.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 of the statutes is repealed.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 of the statutes is repealed.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 of the statutes is repealed.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:

AB40,960,3 202.14 (1) (a) No professional fund-raiser may solicit in this state for a charitable organization that is required to be registered under s. 440.42 202.12 (1) unless the professional fund-raiser is registered under this subsection.

AB40,960,7 (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.

AB40,960,15 (c) The department shall issue a certificate of registration to each professional fund-raiser 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 professional fund-raiser maintains a bond that is approved under sub. (2).

AB40,960,19 (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 professional fund-raiser of any deficiencies in the application, bond, or fee payment.

AB40,961,2 (3) (intro.) Before performing services under a contract with a charitable organization that is required to be registered under s. 440.42 202.12 (1), a professional fund-raiser shall file with the department a completed solicitation notice in the form and manner prescribed by the department. The charitable organization on whose behalf the professional fund-raiser is acting shall file with the department a written confirmation that the solicitation notice and any accompanying material are true and complete to the best of its knowledge. The solicitation notice shall include all of the following:

AB40,961,10 (4) (a) A professional fund-raiser and a charitable organization that is required to be registered under s. 440.42 202.12 (1) shall enter into a written contract that clearly states the respective obligations of the professional fund-raiser and the charitable organization and states the amount of gross revenue, raised under the contract, that the charitable organization will receive. The amount of the gross revenue that the charitable organization will receive shall be expressed as a fixed percentage of the gross revenue or as an estimated percentage of the gross revenue, as provided in pars. (b) to (d).

AB40,961,18 (7) Financial report. Within 90 days after completing services under a contract described in sub. (4), and on the anniversary of the signing of a contract described under sub. (4) lasting more than one year, the professional fund-raiser shall, if the charitable organization is required to be registered under s. 440.42 202.12 (1), account in writing to the charitable organization for all contributions received and all expenses incurred under the contract. The charitable organization shall retain the accounting for at least 3 years and make it available to the department upon request.

AB40,961,24 (8) Depositing contributions. A professional fund-raiser shall deposit, in its entirety, a contribution of money received by the professional fund-raiser, on behalf of a charitable organization required to be registered under s. 440.42 202.12 (1), in an account at a financial institution within 5 days after its receipt. The account shall be in the name of the charitable organization. The charitable organization shall have sole control of all withdrawals from the account.

AB40,962,2 (9) (a) 2. The name and residence address of each employee, agent, or other person involved in the solicitation.

AB40,962,8 (10) Nondisclosure. The department may not disclose information under sub. (9) (a) 1. to any person 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).

AB40,2212 Section 2212. 440.45 of the statutes is renumbered 202.15 and amended to read:

AB40,962,21 202.15 Charitable sales promotions. If a commercial coventurer conducts a charitable sales promotion on behalf of a charitable organization that is required to be registered under s. 440.42 202.12 (1), the commercial coventurer shall disclose in each advertisement for the charitable sales promotion the dollar amount, or percentage of price, per unit of goods or services purchased or used that will benefit the charitable organization or charitable purpose. If the actual dollar amount or percentage cannot reasonably be determined on the date of the advertisement, the commercial coventurer shall disclose an estimated dollar amount or percentage. The estimate shall be based upon all of the relevant facts known to the commercial coventurer and to the charitable organization regarding the charitable sales promotion.

AB40,2213 Section 2213. 440.455 of the statutes is renumbered 202.155, and 202.155 (1) (intro.) and (b), (2) and (3) (intro.), as renumbered, are amended to read:

AB40,963,4 202.155 (1) (intro.) Except as provided in sub. (4), if a professional fund-raiser or unpaid solicitor solicits a contribution for a charitable organization that is required to be registered under s. 440.42 202.12 (1), the professional fund-raiser or unpaid solicitor shall, at the time of the solicitation or with a written confirmation of a solicitation, prior to accepting a contribution, make the following disclosures to the person from whom the contribution is solicited:

AB40,963,7 (b) That a financial statement of the charitable organization disclosing assets, liabilities, fund balances, revenue, and expenses for the preceding fiscal year will be provided to the person upon request.

AB40,963,12 (2) The financial statement under sub. (1) (b) shall, at a minimum, divide expenses into categories of management and general, program services and fund-raising. If the charitable organization is required to file an annual financial report under s. 440.42 202.12 (3) (a), the financial statement under sub. (1) (b) shall be consistent with that annual financial report.

AB40,963,16 (3) (intro.) In addition to the requirements under subs. (1) and (2), except as provided in sub. (4), if a professional fund-raiser solicits on behalf of a charitable organization that is required to be registered under s. 440.42 202.12 (1), all of the following apply:

AB40,2214 Section 2214. 440.46 of the statutes is renumbered 202.16, and 202.16 (1) (intro.), (b), (c), (e) and (g), as renumbered, are amended to read:

AB40,963,20 202.16 (1) (intro.) No person may, in the planning, management, or execution of a solicitation or charitable sales promotion, do any of the following:

AB40,963,24 (b) Imply that a contribution is for or on behalf of a charitable organization or use any emblem, device, or printed matter belonging to or associated with a charitable organization without first being authorized in writing to do so by the charitable organization.