SB631,19,1615 202.12 (1) (b) 1m. Pays to the department the The registration fee determined
16by the department under s. 202.08 202.041.
SB631,59 17Section 59. 202.12 (1) (c) and (d) of the statutes are repealed.
SB631,60 18Section 60. 202.12 (1) (e) of the statutes is created to read:
SB631,19,2019 202.12 (1) (e) All charitable organization registrations expire on July 31 of each
20year.
SB631,61 21Section 61. 202.12 (2) of the statutes is repealed.
SB631,62 22Section 62. 202.12 (3) (title) of the statutes is amended to read:
SB631,19,2323 202.12 (3) (title) Annual financial report; audit requirement.
SB631,63 24Section 63. 202.12 (3) (a) (intro.) of the statutes is renumbered 202.12 (3) (a)
25and amended to read:
SB631,20,8
1202.12 (3) (a) Except as provided in pars. (am), (b), and (bm), and in rules
2promulgated under sub. (8), a
A charitable organization that received contributions
3in excess of $5,000 during its most recently completed fiscal year
registered under
4sub. (1)
shall file with the department an annual financial report for the charitable
5organization's most recently completed fiscal year. The department shall prescribe
6the form of the report and shall prescribe standards for its completion. The annual
7financial report shall be filed within 12 months after the end of that fiscal year and
8shall include all of the following:
.
SB631,64 9Section 64. 202.12 (3) (a) 1., 2., 3. and 4. of the statutes are repealed.
SB631,65 10Section 65. 202.12 (3) (am) of the statutes is repealed.
SB631,66 11Section 66. 202.12 (3) (b) of the statutes is amended to read:
SB631,20,2112 202.12 (3) (b) Except as provided in rules promulgated under sub. (8) In
13addition to the annual report required under par. (a)
, if a charitable organization
14received contributions in excess of $400,000 $500,000, subject to adjustment under
15sub. (8),
during its most recently completed fiscal year, the charitable organization
16shall file with the department, in lieu of a report under par. (a), an audited financial
17statement for the charitable organization's most recently completed fiscal year,
18prepared in accordance with generally accepted accounting principles, and the
19opinion of an independent certified public accountant on the financial statement.
20The audited financial statement shall be filed within 6 12 months after the end of
21that fiscal year.
SB631,67 22Section 67. 202.12 (3) (bm) of the statutes is amended to read:
SB631,21,723 202.12 (3) (bm) Except as provided in rules promulgated under sub. (8) In
24addition to the annual report required under par. (a)
, if a charitable organization
25received contributions in excess of $200,000 $300,000, subject to adjustment under

1sub. (8),
but less not more than $400,000 $500,000, subject to adjustment under sub.
2(8),
during its most recently completed fiscal year, the charitable organization shall
3file with the department, in lieu of a report under par. (a), a financial statement for
4the charitable organization's most recently completed fiscal year, prepared in
5accordance with generally accepted accounting principles, and a review of the
6financial statement by an independent certified public accountant. The financial
7statement shall be filed within 6 12 months after the end of that fiscal year.
SB631,68 8Section 68. 202.12 (3) (c) of the statutes is repealed.
SB631,69 9Section 69. 202.12 (3) (d) of the statutes is created to read:
SB631,21,1410 202.12 (3) (d) A charitable organization may apply to the department for a
11waiver of the requirement set forth in par. (b) or (bm). The waiver application shall
12be in writing, be received by the department within 90 days after the charitable
13organization's fiscal year-end, and include documentation to support all of the
14following:
SB631,21,1615 1. The charitable organization's contributions were, during each of the past 3
16fiscal years, less than $100,000, subject to adjustment under sub. (8).
SB631,21,2217 2. During the fiscal year for which the waiver is being requested, the charitable
18organization received one or more contributions from one contributor that exceeded
19$200,000, subject to adjustment under sub. (8), if the charitable organization is
20applying for a waiver of the requirement set forth in par. (bm), or exceeded $400,000,
21subject to adjustment under sub. (8), if the charitable organization is applying for a
22waiver of the requirement set forth in par. (b).
SB631,70 23Section 70. 202.12 (4) of the statutes is repealed.
SB631,71 24Section 71. 202.12 (5) (a) 3. of the statutes is amended to read:
SB631,22,6
1202.12 (5) (a) 3. Except as provided in par. (b) and in rules promulgated under
2sub. (8)
, a charitable organization that does not intend to raise or receive
3contributions in excess of $5,000 $25,000, subject to adjustment under sub. (8),
4during a fiscal year, if all of its functions, including solicitation, are performed by
5persons who are unpaid for their services and if no part of its assets or income inures
6to the benefit of, or is paid to, any officer or member of the charitable organization.
SB631,72 7Section 72. 202.12 (5) (a) 9. of the statutes is created to read:
SB631,22,118 202.12 (5) (a) 9. Any corporation established by an act of the United States
9Congress that is required by federal law to submit to Congress annual reports, fully
10audited by the United States Department of Defense, of its activities including
11itemized accounts of all receipts and expenditures.
SB631,73 12Section 73. 202.12 (5) (b) of the statutes is amended to read:
SB631,22,1713 202.12 (5) (b) Except as provided in rules promulgated under sub. (8), if If a
14charitable organization would otherwise be exempt under par. (a) 3., but it raises or
15receives more than $5,000 $25,000, subject to adjustment under sub. (8), in
16contributions, it shall, within 30 days after the date on which its contributions exceed
17$5,000 this amount, register as required under sub. (1).
SB631,74 18Section 74. 202.12 (6m) (a) 3. of the statutes is created to read:
SB631,22,2019 202.12 (6m) (a) 3. That the contribution is not tax-deductible, if this disclosure
20is applicable.
SB631,75 21Section 75. 202.12 (6m) (d) of the statutes is created to read:
SB631,22,2522 202.12 (6m) (d) The disclosures required by this subsection are required unless
23the unpaid solicitor is soliciting a contribution for a charitable organization that is
24not required to be registered under sub. (1) or that has obtained a disclosure
25exemption under par. (e).
SB631,76
1Section 76. 202.12 (7) of the statutes is repealed and recreated to read:
SB631,23,52 202.12 (7) Relationship with fund-raising counsel and professional
3fund-raisers.
(a) A charitable organization that is required to be registered under
4sub. (1), and that permits a fund-raising counsel to perform any material services
5for the charitable organization, shall do all of the following:
SB631,23,86 1. Before permitting the fund-raising counsel to perform any material services
7for the charitable organization, ensure the fund-raising counsel is registered under
8s. 202.13 (1) or is not required to be registered.
SB631,23,139 2. Before permitting the fund-raising counsel to perform any material services
10for the charitable organization, contract in writing with the fund-raising counsel,
11unless the fund-raising counsel is exempt under s. 202.13 (6) from contracting in
12writing with the charitable organization. Requirements for the contract are
13specified in s. 202.13 (3).
SB631,23,1614 3. Retain, for at least 3 years, the accounting the fund-raising counsel is
15required to provide to the charitable organization under s. 202.13 (4) (a) and make
16this accounting available to the department upon request.
SB631,23,2117 4. Maintain an account at a financial institution within which the fund-raising
18counsel shall deposit, in its entirety, within 5 days after its receipt, a contribution of
19money received by the fund-raising counsel on behalf of the charitable organization.
20The account shall be in the name of the charitable organization, and the charitable
21organization shall have sole control of all withdrawals from the account.
SB631,23,2422 (b) A charitable organization that is required to be registered under sub. (1),
23and that permits a professional fund-raiser to perform any material services for the
24charitable organization, shall do all of the following:
SB631,24,3
11. Before permitting the professional fund-raiser to perform any material
2services for the charitable organization, ensure the professional fund-raiser is
3registered under s. 202.14 (1) or is not required to be registered.
SB631,24,64 2. Before permitting the professional fund-raiser to perform any material
5services for the charitable organization, contract in writing with the professional
6fund-raiser. Requirements for the contract are specified in s. 202.14 (4).
SB631,24,117 3. Before permitting the professional fund-raiser to perform any material
8services for the charitable organization, file with the department a written
9confirmation that any solicitation notice filed with the department under s. 202.14
10(3), and any material accompanying that notice, are true and correct to the best of
11the charitable organization's knowledge.
SB631,24,1412 4. Retain, for at least 3 years, the accounting the professional fund-raiser is
13required to provide to the charitable organization under s. 202.14 (7), and make this
14accounting available to the department upon request.
SB631,24,2015 5. Maintain an account at a financial institution within which the professional
16fund-raiser shall deposit, in its entirety, within 5 days after its receipt, a contribution
17of money received by the professional fund-raiser on behalf of the charitable
18organization. The account shall be in the name of the charitable organization, and
19the charitable organization shall have sole control of all withdrawals from the
20account.
SB631,77 21Section 77. 202.12 (8) of the statutes is renumbered 202.12 (8) (a) and
22amended to read:
SB631,24,2523 202.12 (8) (a) The Subject to par. (b), the department may promulgate rules
24that
adjust the threshold amounts in subs. (1) (b) 2g. and 2r., (3) (a), (b), (bm), and
25(c) (d) and (5) (a) 3. and (b) to account for inflation.
SB631,78
1Section 78. 202.12 (8) (b) and (c) of the statutes are created to read:
SB631,25,122 202.12 (8) (b) Before the department makes any adjustment under par. (a), the
3department shall send a notification of the proposed adjustment to the
4cochairpersons of the joint committee for review of administrative rules. If the
5cochairpersons of the committee do not notify the secretary of financial institutions
6within 14 working days after the date of the department's notification that the
7committee has scheduled a meeting for the purpose of reviewing the proposed
8adjustment, the adjustment may be made as proposed. If, within 14 working days
9after the date of the department's notification, the cochairpersons of the committee
10notify the secretary of financial institutions that the committee has scheduled a
11meeting for the purpose of reviewing the proposed adjustment, the adjustment may
12be made only upon approval of the committee.
SB631,25,1413 (c) The department shall notify registrants of any adjustment under this
14subsection by posting the adjustment on the department's Internet site.
SB631,79 15Section 79. 202.13 (1) (b) (intro.) of the statutes is repealed and recreated to
16read:
SB631,25,2017 202.13 (1) (b) (intro.) Applicants for a fund-raising counsel registration shall
18apply to the department, in the form and manner prescribed by the department.
19Each application that is not a renewal application shall be accompanied by any
20information required by the department, including all of the following:
SB631,80 21Section 80. 202.13 (1) (b) 1. of the statutes is repealed.
SB631,81 22Section 81. 202.13 (1) (b) 2. of the statutes is amended to read:
SB631,25,2423 202.13 (1) (b) 2. Files with the department a A bond that is approved under
24sub. (2).
SB631,82
1Section 82. 202.13 (1) (b) 3. of the statutes is renumbered 202.13 (1) (b) 1m.
2and amended to read:
SB631,26,63 202.13 (1) (b) 1m. Pays to the department the The registration fee determined
4by the department under s. 202.08 202.041, except that no registration fee is required
5under this subdivision for an individual who is eligible for the veterans fee waiver
6program under s. 45.44.
SB631,83 7Section 83. 202.13 (1) (c) and (d) of the statutes are repealed.
SB631,84 8Section 84. 202.13 (1) (e) of the statutes is created to read:
SB631,26,109 202.13 (1) (e) All fund-raising counsel registrations expire on August 31 of
10each year.
SB631,85 11Section 85. 202.13 (2) of the statutes is amended to read:
SB631,26,2212 202.13 (2) Bond. At the time of applying for registration under sub. (1), the
13fund-raising counsel shall file with and have approved by the department a bond,
14in which the fund-raising counsel is the principal obligor, in the sum of $20,000, with
15one or more responsible sureties whose liability in the aggregate as sureties at least
16equals that sum
. The fund-raising counsel shall maintain the bond in effect as long
17as the registration is in effect. The bond, which may shall be in the a form of a rider
18to a larger blanket liability bond
prescribed by and acceptable to the department,
19shall run to the state and to any person who may have a cause of action against the
20principal obligor of the bond for any liabilities resulting from the obligor's conduct
21of any activities as a fund-raising counsel or arising out of a violation of this
22subchapter or the rules promulgated under this subchapter.
SB631,86 23Section 86. 202.13 (2m) of the statutes is created to read:
SB631,27,324 202.13 (2m) Annual report. Each fund-raising counsel registered under sub.
25(1) shall, on or before March 31 of each year, file a report with the department giving

1such reasonable and relevant information as the department may require
2concerning the business and operations conducted by the registrant. This report
3shall be in the form prescribed by the department.
SB631,87 4Section 87. 202.13 (4) (a) of the statutes is amended to read:
SB631,27,125 202.13 (4) (a) Within 90 days after services under a contract required under
6sub. (3) are completed, and on the anniversary of the signing of a contract lasting
7more than one year, the fund-raising counsel shall account in writing to the
8charitable organization with which the fund-raising counsel has contracted for all
9contributions received and expenses incurred under the contract. The charitable
10organization
fund-raising counsel shall keep the accounting for at least 3 years after
11the date on which services under the contract are completed and make it available
12to the department upon request
.
SB631,88 13Section 88. 202.13 (4) (d) of the statutes is created to read:
SB631,27,1514 202.13 (4) (d) All records described in this subsection shall be made available
15to the department upon the department's request.
SB631,89 16Section 89. 202.14 (1) (b) (intro.) of the statutes is repealed and recreated to
17read:
SB631,27,2118 202.14 (1) (b) (intro.) Applicants for a professional fund-raiser registration
19shall apply to the department, in the form and manner prescribed by the department.
20Each application that is not a renewal application shall be accompanied by any
21information required by the department, including all of the following:
SB631,90 22Section 90. 202.14 (1) (b) 1. of the statutes is repealed.
SB631,91 23Section 91. 202.14 (1) (b) 2. of the statutes is amended to read:
SB631,27,2524 202.14 (1) (b) 2. Files with the department a A bond that is approved under
25sub. (2).
SB631,92
1Section 92. 202.14 (1) (b) 3. of the statutes is renumbered 202.14 (1) (b) 1m.
2and amended to read:
SB631,28,63 202.14 (1) (b) 1m. Pays the The registration fee determined by the department
4under s. 202.08 202.041, except that no registration fee is required under this
5subdivision for an individual who is eligible for the veterans fee waiver program
6under s. 45.44.
SB631,93 7Section 93. 202.14 (1) (c) and (d) of the statutes are repealed.
SB631,94 8Section 94. 202.14 (1) (e) of the statutes is created to read:
SB631,28,109 202.14 (1) (e) All professional fund-raiser registrations expire on August 31 of
10each year.
SB631,95 11Section 95. 202.14 (2) of the statutes is amended to read:
SB631,28,2412 202.14 (2) Bond. At the time of applying for registration under sub. (1), a
13professional fund-raiser shall file with and have approved by the department a bond,
14in which the professional fund-raiser is the principal obligor, in the sum of $20,000,
15with one or more responsible sureties whose liability in the aggregate as sureties at
16least equals that sum
. If a professional fund-raiser does not at any time have
17custody of any contributions, the bond shall be in the sum of $5,000. The professional
18fund-raiser shall maintain the bond in effect as long as the registration is in effect.
19The bond, which may shall be in the a form of a rider to a larger blanket liability bond
20prescribed by and acceptable to the department, shall run to the state and to any
21person who may have a cause of action against the principal obligor of the bond for
22any liabilities resulting from the obligor's conduct of any activities as a professional
23fund-raiser or arising out of a violation of this subchapter or the rules promulgated
24under this subchapter.
SB631,96 25Section 96. 202.14 (2m) of the statutes is created to read:
SB631,29,5
1202.14 (2m) Annual report. Each professional fund-raiser registered under
2sub. (1) shall, on or before March 31 of each year, file a report with the department
3giving such reasonable and relevant information as the department may require
4concerning the business and operations conducted by the registrant. This report
5shall be in the form prescribed by the department.
SB631,97 6Section 97. 202.14 (3) (intro.) of the statutes is renumbered 202.14 (3) (am)
7and amended to read:
SB631,29,178 202.14 (3) (am) Before performing services under a contract with a charitable
9organization that is required to be registered under s. 202.12 (1), a professional
10fund-raiser shall file with the department a completed solicitation notice in the form
11and manner prescribed by the department. Forms prescribed by the department
12under this paragraph may contain any content or requirement that the department,
13in its discretion, determines necessary.
The charitable organization on whose behalf
14the professional fund-raiser is acting shall file with the department a written
15confirmation that the solicitation notice and any accompanying material are true
16and complete to the best of its knowledge. The solicitation notice shall include all of
17the following:
SB631,98 18Section 98. 202.14 (3) (a), (b), (c), (d), (e) and (f) of the statutes are repealed.
SB631,99 19Section 99. 202.14 (4) (a) of the statutes is amended to read:
SB631,30,420 202.14 (4) (a) A professional fund-raiser and may not solicit contributions on
21behalf of
a charitable organization that is required to be registered under s. 202.12
22(1) shall enter into unless the professional fund-raiser has executed a written
23contract with the charitable organization that clearly states the respective
24obligations of the professional fund-raiser and the charitable organization and
25states the amount of gross revenue, raised under the contract, that the charitable

1organization will receive. The amount of the gross revenue that the charitable
2organization will receive shall be expressed as a fixed percentage of the gross
3revenue or as an estimated percentage of the gross revenue, as provided in pars. (b)
4to (d)
.
SB631,100 5Section 100. 202.14 (4) (b), (c) and (d) of the statutes are repealed.
SB631,101 6Section 101. 202.14 (4) (e) of the statutes is created to read:
SB631,30,87 202.14 (4) (e) The contract required under par. (a) shall include all of the
8following:
SB631,30,99 1. The name of the professional fund-raiser.
Loading...
Loading...