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.
AB40,964,3
1(c) Use a name, symbol, or statement so closely related or similar to that used
2by another charitable organization that the use of the name, symbol , or statement
3would tend to confuse or mislead a person being solicited.
AB40,964,74 (e) Lead anyone in any manner to believe that another person sponsors,
5endorses, or approves a solicitation or charitable sales promotion if the other person
6has not sponsored, endorsed, or approved the solicitation or charitable sales
7promotion in writing.
AB40,964,108 (g) Represent directly or by implication that a charitable organization will
9receive a fixed or estimated percentage of the gross revenue raised greater than that
10established under s. 440.44 202.14 (4).
AB40,2215 11Section 2215. 440.47 of the statutes is renumbered 202.17, and 202.17 (1), (2),
12(3) and (5), as renumbered, are amended to read:
AB40,964,1813 202.17 (1) Public records. Except as provided in ss. 440.43 202.13 (5) and
14440.44 202.14 (10), registration statements, applications, reports, contracts, and
15agreements of charitable organizations, fund-raising counsel, professional
16fund-raisers, and unpaid solicitors and all other documents and information
17retained by or filed with the department under this subchapter are available for
18inspection or copying under s. 19.35 (1).
AB40,965,2 19(2) Fiscal records; inspection; retention. All charitable organizations,
20fund-raising counsels, professional fund-raisers, and unpaid solicitors shall keep
21true records concerning activities regulated by this subchapter in a form that will
22enable them accurately to provide the information required by this subchapter.
23Upon demand, those records shall be made available to the department for
24inspection and copying. The records shall be retained by the charitable organization,

1fund-raising counsel, professional fund-raiser, or unpaid solicitor for at least 3 years
2after the end of the fiscal year to which they relate.
AB40,965,6 3(3) Exchange of information. The department may exchange with the
4appropriate authority of any other state or of the United States information with
5respect to charitable organizations, fund-raising counsel, professional fund-raisers,
6unpaid solicitors, and commercial coventurers.
AB40,965,23 7(5) Substitute service upon department of financial institutions. A
8charitable organization, fund-raising counsel, professional fund-raiser , or
9commercial coventurer that has its principal place of business outside of this state
10or is organized under laws other than the laws of this state and that is subject to this
11subchapter shall be considered to have irrevocably appointed the department of
12financial institutions
as its agent for the service of process or notice directed to the
13charitable organization, fund-raising counsel, professional fund-raiser , or
14commercial coventurer or to any of its partners, principal officers , or directors in an
15action or proceeding brought under this subchapter. Service of process or notice upon
16the department of financial institutions shall be made by personally delivering to
17and leaving with the department of financial institutions a copy of the process or
18notice. That service shall be sufficient service if the department of financial
19institutions
immediately sends notice of the service and a copy of the process or notice
20to the charitable organization, fund-raising counsel, professional fund-raiser,
21commercial coventurer, or other person to whom it is directed by registered mail,
22with return receipt requested, at the last address known to the department of
23financial institutions
.
AB40,2216 24Section 2216. 440.475 of the statutes is repealed.
AB40,2217
1Section 2217. 440.48 of the statutes is renumbered 202.18, and 202.18 (1) (b),
2(c) 1. and 2. (intro.) and a., (d) and (e), as renumbered, are amended to read:
AB40,966,83 202.18 (1) (b) Upon finding that a person has violated this subchapter or the
4applicable rules promulgated under s. 202.095 or this subchapter, the court may
5make any necessary order or judgment, including but not limited to injunctions,
6restitution, and, notwithstanding s. 814.04, award of reasonable attorney fees and
7costs of investigation and litigation, and, except as provided in par. (c), may impose
8a forfeiture of not less than $100 nor more than $10,000 for each violation.
AB40,966,119 (c) 1. A person who violates s. 440.47 202.17 (4) (b) may be required to forfeit
10not more than $5,000, unless the person establishes reasonable cause for the
11violation.
AB40,966,1412 2. (intro.) A person who, with intent to avoid, prevent, or interfere with a civil
13investigation under this subsection, does any of the following may be required to
14forfeit not more than $5,000:
AB40,966,1815 a. Alters or by any other means falsifies, removes from any place, conceals,
16withholds, destroys, or mutilates any documentary material in the possession,
17custody, or control of a person subject to notice of the taking of testimony or
18examination of documents under s. 440.47 202.17 (4).
AB40,967,219 (d) A charitable organization, fund-raising counsel, professional fund-raiser,
20commercial coventurer, or any other person who violates the terms of an injunction
21or other order entered under this subsection may be required to forfeit, in addition
22to all other remedies, not less than $1,000 nor more than $10,000 for each violation.
23The department of justice may recover the forfeiture in a civil action. Each separate
24violation of an order entered under this subsection is a separate offense, except that

1each day of a violation through continuing failure to obey an order is a separate
2offense.
AB40,967,73 (e) No charitable organization may indemnify an officer, employee , or director
4for any costs, fees, restitution, or forfeitures assessed against that individual by the
5court under par. (b), (c), or (d) unless the court determines that the individual acted
6in good faith and reasonably believed the conduct was in or not opposed to the best
7interests of the charitable organization.
AB40,2218 8Section 2218. Subchapter VI (title) of chapter 440 [precedes 440.55] of the
9statutes is created to read:
AB40,967,10 10CHAPTER 440
AB40,967,11 11SUBCHAPTER VI
AB40,967,12 12EDUCATIONAL APPROVAL BOARD
AB40,2219 13Section 2219. Subchapter VI (title) of chapter 440 [precedes 440.60] of the
14statutes is renumbered subchapter VII (title) of chapter 440 [precedes 440.60].
AB40,2220 15Section 2220. Subchapter VII (title) of chapter 440 [precedes 440.70] of the
16statutes is renumbered subchapter VIII (title) of chapter 440 [precedes 440.70].
AB40,2221 17Section 2221. Subchapter VIII (title) of chapter 440 [precedes 440.88] of the
18statutes is renumbered subchapter IX (title) of chapter 440 [precedes 440.88].
AB40,2222 19Section 2222. Subchapter IX (title) of chapter 440 [precedes 440.90] of the
20statutes is renumbered subchapter X (title) of chapter 440 [precedes 449.90].
AB40,2223 21Section 2223. Subchapter X (title) of chapter 440 [precedes 440.96] of the
22statutes is renumbered subchapter XI (title) of chapter 440 [precedes 440.96].
AB40,2224 23Section 2224. Subchapter XI (title) of chapter 440 [precedes 440.97] of the
24statutes is renumbered subchapter XII (title) of chapter 440 [precedes 440.97].
AB40,2225
1Section 2225. Subchapter XII (title) of chapter 440 [precedes 440.98] of the
2statutes is renumbered subchapter XIII (title) of chapter 440 [precedes 440.98].
AB40,2226 3Section 2226. Subchapter XIII (title) of chapter 440 [precedes 440.9805] of the
4statutes is renumbered subchapter XIV (title) of chapter 440 [precedes 440.9805].
AB40,2227 5Section 2227. Subchapter XIV (title) of chapter 440 [precedes 440.99] of the
6statutes is renumbered subchapter XV (title) of chapter 440 [precedes 440.99].
AB40,2228 7Section 2228. 441.15 (2m) of the statutes is amended to read:
AB40,968,98 441.15 (2m) Subsection (2) does not apply to a person granted a license to
9practice midwifery under subch. XIII XIV of ch. 440.
AB40,2229 10Section 2229. 448.03 (2) (a) of the statutes is amended to read:
AB40,968,1711 448.03 (2) (a) Any person lawfully practicing within the scope of a license,
12permit, registration, certificate or certification granted to practice midwifery under
13subch. XIII XIV of ch. 440, to practice professional or practical nursing or
14nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice
15dentistry or dental hygiene under ch. 447, to practice optometry under ch. 449, to
16practice acupuncture under ch. 451 or under any other statutory provision, or as
17otherwise provided by statute.
AB40,2230 18Section 2230. 450.19 (5) of the statutes is repealed.
AB40,2231 19Section 2231. 460.05 (1) (e) 1. of the statutes is amended to read:
AB40,968,2420 460.05 (1) (e) 1. Graduated from a school of massage therapy or bodywork
21therapy approved by the educational approval board under s. 38.50 440.55 that
22meets the requirements under s. 460.095 or completed a training program approved
23by the affiliated credentialing board under the rules promulgated under s. 460.04 (2)
24(b).
AB40,2232
1Section 2232. Chapter 461 (title) of the statutes is renumbered subchapter III
2(title) of chapter 202 [precedes 202.21].
AB40,2233 3Section 2233. 461.01 of the statutes is renumbered 202.21, and 202.21 (intro.),
4(1) and (6) of the statutes, as renumbered, are amended to read:
AB40,969,5 5202.21 Definitions. (intro.) In this chapter subchapter:
AB40,969,7 6(1) "Applicant" means a professional employer organization or a professional
7employer group that applies for registration under s. 461.02 202.22.
AB40,969,9 8(6) "Registrant" means a professional employer organization or a professional
9employer group that is registered under s. 461.02 202.22.
AB40,2234 10Section 2234. 461.02 (title) of the statutes is renumbered 202.22 (title).
AB40,2235 11Section 2235. 461.02 (1) of the statutes is renumbered 202.22 (1), and 202.22
12(1) (b), as renumbered, is amended to read:
AB40,969,2213 202.22 (1) (b) No person may designate as the person's title, or append to the
14person's name the words or letters, "professional employer organization," "P.E.O.,"
15"professional employer group," "P.E.G.," "staff leasing company," "registered staff
16leasing company," "employee leasing company," or "administrative employer," or
17other similar titles or letters, or use these those titles, words, or letters to describe
18the person's business or represent that the person or the person's business is
19registered or licensed as a "professional employer organization," "P.E.O.,"
20"professional employer group," "P.E.G.," "staff leasing company," "registered staff
21leasing company," "employee leasing company," or "administrative employer," unless
22the person is registered by the department under this chapter section.
AB40,2236 23Section 2236. 461.02 (2) of the statutes is renumbered 202.22 (2), and 202.22
24(2) (intro.), (d) and (e), as renumbered, are amended to read:
AB40,970,5
1202.22 (2) Application for registration. (intro.) Except as provided in sub.
2(7) (b), an applicant for registration under this section shall submit to the
3department an application for registration on in a form and manner prescribed by
4the department, together with the registration fee determined by the department
5under s. 440.03 (9) (a) 202.08 and all of the following:
AB40,970,86 (d) A statement of ownership, which shall include the name and business
7experience of every controlling person, as defined in s. 461.01 202.21 (3) (a), of the
8applicant.
AB40,970,119 (e) A statement of management, which shall include the name and business
10experience of every controlling person, as defined in s. 461.01 202.21 (3) (b), of the
11applicant.
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