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.
AB40,2237 12Section 2237. 461.02 (3) of the statutes is repealed.
AB40,2238 13Section 2238. 461.02 (4) of the statutes is renumbered 202.22 (4), and 202.22
14(4) (a), as renumbered, is amended to read:
AB40,970,2315 202.22 (4) (a) Renewal applications A registrant shall be submitted submit a
16renewal application
, together with the applicable renewal fee determined by the
17department under s. 440.03 (9) (a) 202.08, to the department on in a form provided
18and manner prescribed by the department on or before the applicable renewal date
19specified under s. 440.08 (2) (a)
by July 1 of each year. Except as provided in pars.
20(b) and (c) and sub. (7) (b), the a registrant shall submit with each renewal
21application shall be accompanied by a financial statement, as that term is used
22specified in sub. (2) (f) 1., updated to reflect the current financial condition of the
23registrant.
AB40,2239 24Section 2239. 461.02 (5) (title) of the statutes is renumbered 202.22 (5) (title).
AB40,2240
1Section 2240. 461.02 (5) (a) of the statutes is renumbered 202.22 (5) (a) and
2amended to read:
AB40,971,163 202.22 (5) (a) Except as provided in sub. (7) (b), a professional employer
4organization or professional employer group that is domiciled outside this state, that
5is registered or licensed as a professional employer organization or professional
6employer group in another state, that does not maintain an office in this state or
7directly solicit clients that are located or domiciled in this state, and that has no more
8than 50 employees performing services for clients in this state on any given day may
9apply for small operations registration under this section by filing with submitting
10to
the department a an application for small operations registration in a form and
11manner
prescribed by the department and paying the initial credential registration
12fee determined by the department under s. 440.03 (9) (a) 202.08. An applicant that
13is seeking small operations registration shall, in addition to the information required
14under sub. (2) (a) to (e), provide the department with information and documentation
15showing that the applicant meets the qualifications specified in this paragraph for
16small operations registration.
AB40,2241 17Section 2241. 461.02 (5) (b) of the statutes is repealed.
AB40,2242 18Section 2242. 461.02 (5) (c) of the statutes is repealed.
AB40,2243 19Section 2243. 461.02 (5) (d) of the statutes is renumbered 202.22 (5) (d).
AB40,2244 20Section 2244. 461.02 (5) (e) of the statutes is renumbered 202.22 (5) (e) and
21amended to read:
AB40,971,2422 202.22 (5) (e) A professional employer organization or professional employer
23group registered under this subsection is not required to comply with the financial
24capability requirement under s. 461.03 202.23.
AB40,2245
1Section 2245. 461.02 (6) of the statutes is renumbered 202.22 (6) and amended
2to read:
AB40,972,143 202.22 (6) Professional employer group registration. Except as provided in
4sub. (7) (b), 2 or more professional employer organizations that are part of a
5professional employer group may register under this section or renew a registration
6by providing the information required under sub. (2), (4), or (5) on a combined or
7consolidated basis, paying the initial credential registration or renewal fee
8determined by the department under s. 440.03 (9) (a) 202.08, and guaranteeing each
9other's obligations. If a professional employer group provides a combined or
10consolidated financial statement under sub. (2) (f) 1. that includes the financial
11condition of entities that are not part of the professional employer group, the
12controlling person controlling the professional employer group shall guarantee the
13obligations of the professional employer organizations in the professional employer
14group.
AB40,2246 15Section 2246. 461.02 (7) of the statutes is renumbered 202.22 (7), and 202.22
16(7) (a), (b) and (c), as renumbered, are amended to read:
AB40,972,2317 202.22 (7) (a) The department shall by rule provide for registration of a
18professional employer organization or professional employer group on acceptance by
19the department of a registration form, financial statement, or any other information
20or documentation required under sub. (2), (4), (5), or (6), s. 461.03 202.23, or rules
21promulgated under s. 461.06 202.095 or 202.26 in the form of an electronic record,
22as defined in s. 137.11 (7) and, if a signature is required, on acceptance of an
23electronic signature, as defined in s. 137.11 (8).
AB40,973,724 (b) The department may by rule provide for registration of a professional
25employer organization or professional employer group without compliance with sub.

1(2), (4), (5), or (6), s. 461.03 202.23, or rules promulgated under s. 461.06 202.095
2or 202.26
on acceptance by the department of assurance, provided by a bonded,
3independent, and qualified assurance organization that has been approved by the
4department, that provides assurance satisfactory to the department that the
5professional employer organization or professional employer group is qualified to
6operate as a professional employer organization or a professional employer group in
7this state.
AB40,973,158 (c) This subsection does not limit the authority of the department to require a
9professional employer organization or professional employer group to register as
10provided in sub. (2), (4), (5), or (6), to maintain proof of financial capability as
11required under s. 461.03 202.23, or to comply with this chapter and the rules
12promulgated under s. 461.06 202.095 or 202.26; to investigate an applicant or
13registrant and deny registration or renewal registration under sub. (8), or to
14investigate an applicant, registrant. or controlling person and take disciplinary
15action under s. 461.05 202.06.
AB40,2247 16Section 2247. 461.02 (8) of the statutes is renumbered 202.22 (8) and amended
17to read:
AB40,974,318 202.22 (8) Issuance of registration. The department shall investigate each
19applicant or registrant who submits to the department an application for
20registration or registration renewal under this section, together with the applicable
21registration or registration renewal fee, to determine whether the applicant or
22registrant is qualified for registration or for renewal registration. Except as provided
23in s. 440.12 and 440.13 ss. 202.03 and 202.035, the department shall issue a
24registration or renewal registration if, after completing the investigation, the
25department determines that the applicant or registrant meets the applicable

1requirements under this chapter and rules promulgated under s. 461.06 202.095 or
2202.26
for issuance or renewal of a registration and is satisfied that the applicant or
3registrant will comply with this chapter and those rules.
AB40,2248 4Section 2248. 461.02 (9) of the statutes is renumbered 202.22 (9).
AB40,2249 5Section 2249. 461.03 of the statutes is renumbered 202.23 and amended to
6read:
AB40,974,9 7202.23 Financial capability. Except as provided in s. 461.02 202.22 (5) (e)
8or (7) (b), a professional employer organization or professional employer group shall
9maintain one of the following:
AB40,974,23 10(1) Working capital requirement. Working capital, as defined by generally
11accepted accounting principals, of not less than $100,000, as shown in the financial
12statement submitted to the department under s. 461.02 202.22 (2) (f) 1., (4), or (6).
13If a professional employer organization or professional employer group has less than
14$100,000 in working capital, the department may issue a registration or renewal
15registration contingent on the registrant meeting the working capital requirement
16of this subsection no later than 180 days after the issuance of the registration or
17renewal registration. During the period of contingent registration, the registrant
18shall submit quarterly financial statements to the department accompanied by an
19attestation by the chief executive officer of the registrant that all wages, salaries,
20employee benefits, worker's compensation insurance premiums, payroll taxes,
21unemployment insurance contributions, and other amounts that are payable to or
22with respect to an employee of the registrant performing services for a client were
23paid by the registrant when due.
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