Effective date text
2. A temporary private security permit issued under par. (a) shall expire on the date that the individual receives written notice from the department that a background check of the individual has been completed and that the department is granting or denying the individual's application for a private security permit, if that date occurs before the end of the period specified in subd. 1.
Effective date text
3. A temporary private security permit issued under par. (a) may not be renewed.
Effective date text
(6) Discipline. (a) Subject to the rules adopted under s. 440.03 (1), the department may reprimand the holder of a license or permit issued under this section or revoke, suspend or limit the license or permit of any person who has done any of the following:
Effective date text
1. Been convicted of a misdemeanor or found to have violated any state or local law that is punishable by a forfeiture, subject to ss. 111.321, 111.322 and 111.335.
Effective date text
2. Engaged in conduct reflecting adversely on his or her professional qualification.
Effective date text
3. Made a false statement in connection with any application for a license or permit under this section.
Effective date text
4. Violated this section or any rule promulgated or order issued under this section.
Effective date text
(b) Subject to the rules promulgated under s. 440.03 (1), the department shall revoke the license or permit of any person who has been convicted of a felony in this state or elsewhere and who has not been pardoned for that felony.
Effective date text
(8) Penalties. Any person, acting as a private detective, investigator or private security person, or who employs any person who solicits, advertises or performs services in this state as a private detective or private security person, or investigator or special investigator, without having procured the license or permit required by this section, may be fined not less than $100 nor more than $500 or imprisoned not less than 3 months nor more than 6 months or both. Any agency having an employe, owner, officer or agent convicted of the above offense may have its agency license revoked or suspended by the department. Any person convicted of the above offense shall be ineligible for a license for one year.
440.26 Cross-reference
Cross-reference: See s.
134.57 for requirement that all settlements made with an employe or fiduciary agent, where the detective is to be paid a percentage of the amount recovered, must be submitted to the circuit court for approval.
440.26 Annotation
See note to 340.01, citing 61 Atty. Gen. 421.
440.26 Annotation
Police officers working as private security persons are subject to same licensing provisions in this section as are non-police officers. 69 Atty. Gen. 226.
440.26 Annotation
This section doesn't apply to qualified arson experts or other expert witnesses merely because they may investigate matters relating to their field of expertise.
76 Atty. Gen. 35.
SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES
440.41
440.41
Definitions. In this subchapter:
440.41(1)
(1) "Charitable organization" means any of the following:
440.41(1)(a)
(a) An organization that is described in section
501 (c) (3) of the internal revenue code and that is exempt from taxation under section
501 (a) of the internal revenue code.
440.41(1)(b)
(b) A person who is or purports to be established for a charitable purpose.
440.41(2)
(2) "Charitable purpose" means any of the following:
440.41(2)(a)
(a) A purpose described in section
501 (c) (3) of the internal revenue code.
440.41(2)(b)
(b) A benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic or other eleemosynary objective.
440.41(3)
(3) "Charitable sales promotion" means an advertising or sales campaign, conducted by a person who is regularly and primarily engaged in trade or commerce for profit other than in connection with soliciting, which represents that the purchase or use of goods or services offered will benefit, in whole or in part, a charitable organization or charitable purpose.
440.41(4)
(4) "Commercial coventurer" means a person who is regularly and primarily engaged in trade or commerce for profit other than in connection with soliciting and who conducts a charitable sales promotion.
440.41(5)
(5) "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 or raffles conducted under
ch. 563, a government grant, or a bona fide fee, due or assessment paid by a member of a charitable organization, except that, if initial membership is conferred solely as consideration for making a grant or pledge of money in response to a solicitation, the grant or pledge of money is a contribution.
440.41(6)
(6) "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 employ, engage or provide any person who is paid to solicit contributions. "Fund-raising counsel" does not include an attorney, investment counselor or employe of a financial institution who advises a person to make a contribution or a bona fide employe, volunteer or salaried officer of a charitable organization.
440.41(7)
(7) "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 attorney, investment counselor or employe of a financial institution who advises a person to make a charitable contribution, a bona fide employe, volunteer, wholly owned subsidiary or salaried officer of a charitable organization, an employe of a temporary help agency who is placed with a charitable organization or a bona fide employe of a person who employs another person to solicit in this state.
440.41(8)
(8) "Solicit" means to request, directly or indirectly, a contribution and to state or imply that the contribution will be used for a charitable purpose or will benefit a charitable organization.
440.41(9)
(9) "Solicitation" means the act or practice of soliciting, whether or not the person soliciting receives any contribution. "Solicitation" includes any of the following methods of requesting or securing a contribution:
440.41(9)(b)
(b) An announcement to the news media or by radio, television, telephone, telegraph or other transmission of images or information concerning the request for contributions by or for a charitable organization or charitable purpose.
440.41(9)(c)
(c) The distribution or posting of a handbill, written advertisement or other publication which directly or by implication seeks contributions.
440.41(9)(d)
(d) 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:
440.41(9)(d)1.
1. A request for financial support for a charitable organization or charitable purpose.
440.41(9)(d)2.
2. The use of or reference to the name of a charitable organization as a reason for making a purchase.
440.41(9)(d)3.
3. A statement that all or a part of the proceeds from the sale will be used for a charitable purpose or will benefit a charitable organization.
440.41(10)
(10) "Unpaid solicitor" means a person who solicits in this state and who is not a professional fund-raiser.
440.41 History
History: 1991 a. 278,
315.
440.42
440.42
Regulation of charitable organizations. 440.42(1)(1)
Annual registration requirement. 440.42(1)(a)(a) Except as provided in
sub. (5), no charitable organization may solicit in this state or have contributions solicited in this state on its behalf unless it is registered with the department under this subsection.
440.42(1)(b)
(b) The department shall promptly register a charitable organization that does all of the following:
440.42(1)(b)1.
1. Submits to the department an application for registration on a form provided by the department.
440.42(1)(b)2.
2. Submits to the department a registration statement that complies with
sub. (2).
440.42(1)(b)2g.
2g. Submits to the department an annual financial report for the most recently completed fiscal year of the charitable organization, if the charitable organization received contributions in excess of $5,000 but not more than $100,000 during its most recently completed fiscal year.
440.42(1)(b)2r.
2r. Submits to the department an audited financial statement for the most recently completed fiscal year of the charitable organization, if the charitable organization received contributions in excess of $100,000 during its most recently completed fiscal year.
440.42(1)(c)
(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 a form provided by the department, on or before the expiration date specified in
s. 440.08 (2) (a) and shall include a registration statement that complies with
sub. (2) and the renewal fee specified in
s. 440.08 (2) (a).
440.42(1)(d)
(d) Within 20 days after receiving 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.
440.42(2)
(2) Registration statement. Except as provided in
sub. (3), a registration statement required under
sub. (1) shall be signed and sworn to by 2 authorized officers, including the chief fiscal officer, of the charitable organization and shall include all of the following:
440.42(2)(a)
(a) The name of the charitable organization and the purpose for which it is organized.
440.42(2)(b)
(b) The address and telephone number 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.
440.42(2)(c)
(c) The names and the addresses of the officers, directors and trustees and the principal salaried employes of the charitable organization.
440.42(2)(f)
(f) A statement of whether the charitable organization is authorized by any other governmental authority to solicit.
440.42(2)(g)
(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.
440.42(2)(h)
(h) The charitable purpose or purposes for which contributions will be used.
440.42(2)(i)
(i) The name or names under which it intends to solicit.
440.42(2)(j)
(j) The names of the persons within the charitable organization who have final responsibility for the custody of contributions.
440.42(2)(k)
(k) The names of the persons within the charitable organization who are responsible for the final distribution of contributions.
440.42(2)(L)
(L) If the registration statement is submitted to the department with an initial application for registration, all of the following:
440.42(2)(L)1.
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.
440.42(2)(L)2.
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.
440.42(2)(L)3.
3. Copies of any federal or state tax exemption determination letters received by the charitable organization.
440.42(2)(m)
(m) Any other information required by the department.
440.42(3)
(3) Annual financial report; audit requirement. 440.42(3)(a)(a) Except as provided in
pars. (am) and
(b) and in rules promulgated under
sub. (8), a charitable organization that received contributions in excess of $5,000 during its most recently completed fiscal year shall file with the department an annual financial report for the charitable organization's most recently completed fiscal year. The department shall prescribe the form of the report and shall prescribe standards for its completion. The annual financial report shall be filed within 6 months after the end of that fiscal year and shall include all of the following:
440.42(3)(a)2.
2. A statement of support, revenue, expenses and changes in fund balance.
440.42(3)(a)3.
3. A statement of functional expenses that, at a minimum, is divided into categories of management and general, program services and fund-raising.
440.42(3)(a)4.
4. Other financial information that the department requires.
440.42(3)(am)
(am) A charitable organization that operates solely within one community and that received less than $50,000 in contributions during its most recently completed fiscal year may apply to the department for an exemption from the reporting requirement under
par. (a). The department shall promulgate rules specifying the criteria for eligibility for an exemption under this paragraph, and shall grant exemptions from the reporting requirement under
par. (a) to a charitable organization that satisfies those criteria.
440.42(3)(b)
(b) Except as provided in rules promulgated under
sub. (8), in lieu of filing a report under
par. (a), a charitable organization that received contributions in excess of $100,000 during its most recently completed fiscal year shall file with the department an audited financial statement for the charitable organization's most recently completed fiscal year, prepared in accordance with generally accepted accounting principles, and the opinion of an independent certified public accountant on the financial statement. The audited financial statement shall be filed within 6 months after the end of that fiscal year.
440.42(3)(c)
(c) Except as provided in rules promulgated under
sub. (8), a charitable organization that is registered under
sub. (1) and that received $5,000 or less in contributions during its most recently completed fiscal year shall file with the department an affidavit that the charitable organization received $5,000 or less in contributions during that fiscal year. The affidavit shall be signed and sworn to by 2 authorized officers, including the chief fiscal officer, of the charitable organization and shall be filed within 6 months after the end of that fiscal year.
440.42(4)
(4) Acceptance of other information. The department may accept information filed by a charitable organization with another state or with the federal government instead of the information required to be included in a registration statement under
sub. (2) if the information filed with the other state or with the federal government is substantially similar to the information required under this section.
440.42(5)(a)1.
1. A person that is exempt from filing a federal annual information return under section
6033 (a) (2) (A) (i) and (iii) and (C) (i) of the internal revenue code.
440.42(5)(a)2.
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.
440.42(5)(a)3.
3. Except as provided in
par. (b) and in rules promulgated under
sub. (8), a charitable organization which 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.
440.42(5)(a)3m.
3m. A fraternal, civic, benevolent, patriotic or social organization that solicits contributions solely from its membership.
440.42(5)(a)4.
4. A veterans organization incorporated under
ch. 188 or chartered under federal law or the service foundation of such an organization recognized in the bylaws of the organization.
440.42(5)(a)5.
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 solicit contributions only from its students and their families, alumni, faculty, trustees, corporations, foundations and patients.
440.42(5)(a)6.
6. A person soliciting contributions for the relief of a named individual if all contributions, without any deductions, are given to the named individual.
440.42(5)(b)
(b) Except as provided in rules promulgated under
sub. (8), if a charitable organization would otherwise be exempt under
par. (a) 3., but it raises or receives more than $5,000 in contributions, it shall, within 30 days after the date on which its contributions exceed $5,000, register as required under
sub. (1).
440.42(6)
(6) Reporting tax exemption or organizational changes. If a charitable organization registered under
sub. (1) receives any federal or state tax exemption determination letter or adopts any amendment to its organizational instrument or bylaws after it is registered under
sub. (1), within 30 days after receipt of the letter or adoption of the amendment, the charitable organization shall file with the department a copy of the letter or amendment.
