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 employee of a financial institution who advises a person to make a contribution or a bona fide employee, 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 employee of a financial institution who advises a person to make a charitable contribution, a bona fide employee, volunteer, wholly owned subsidiary or salaried officer of a charitable organization, an employee of a temporary help agency who is placed with a charitable organization or a bona fide employee 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;
1999 a. 9.
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 determined by the department under
s. 440.03 (9) (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 employees 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),
(b), and
(bm), 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), if a charitable organization received contributions in excess of $400,000 during its most recently completed fiscal year, the charitable organization shall file with the department, in lieu of a report under
par. (a), 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)(bm)
(bm) Except as provided in rules promulgated under
sub. (8), if a charitable organization received contributions in excess of $200,000 but less than $400,000 during its most recently completed fiscal year, the charitable organization shall file with the department, in lieu of a report under
par. (a), a financial statement for the charitable organization's most recently completed fiscal year, prepared in accordance with generally accepted accounting principles, and a review of the financial statement by an independent certified public accountant. The 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 [section
6033 (a) (3) (A) (i) and (iii) and (C) (i) of the internal revenue code].
440.42 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
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.
440.42(7)(a)(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 (3).
440.42(7)(b)
(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 (4).
440.42(7)(c)
(c) Paragraph (a) does not apply if the fund-raising counsel is exempt under
s. 440.43 (6) from contracting in writing with the charitable organization.
440.42 Cross-reference
Cross-reference: See also ch.
SPS 5, Wis. adm. code.
440.42 Annotation
Complying With the Charitable Solicitations Act. Sweet & Petershack. Wis. Law. Oct. 1993.
440.43
440.43
Regulation of fund-raising counsel. 440.43(1)(a)(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 (1) unless the fund-raising counsel is registered with the department under this subsection.
440.43(1)(b)
(b) The department shall promptly register a fund-raising counsel that does all of the following:
440.43(1)(b)1.
1. Submits to the department an application for registration on a form provided by the department.
440.43(1)(c)
(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 a form provided by the department, on or before the date specified in
s. 440.08 (2) (a) and shall include the renewal fee determined by the department under
s. 440.03 (9) (a) and evidence satisfactory to the department that the fund-raising counsel maintains a bond that is approved under
sub. (2).
440.43(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 fund-raising counsel of any deficiencies in the application, bond or fee payment.
440.43(2)
(2) Bond. At the time of applying for registration under
sub. (1), the fund-raising counsel shall file with and have approved by the department a bond, in which the fund-raising counsel is the principal obligor, in the sum of $20,000, with one or more responsible sureties whose liability in the aggregate as sureties at least equals that sum. The fund-raising counsel shall maintain the bond in effect as long as the registration is in effect. The bond, which may be in the form of a rider to a larger blanket liability bond, shall run to the state and to any person who may have a cause of action against the principal obligor of the bond for any liabilities resulting from the obligor's conduct of any activities as a fund-raising counsel or arising out of a violation of this subchapter or the rules promulgated under this subchapter.
440.43(3)
(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 (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.
440.43(4)
(4) Accounts; deposits; record keeping.
