202.07(5m)(d)
(d) An administrative warning is a public record subject to inspection or copying under
s. 19.35.
202.07 History
History: 2013 a. 20;
2015 a. 163 ss.
3,
10,
34,
37,
41 to
45,
49.
SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES
202.11
202.11
Definitions. In this subchapter:
202.11(1)
(1) “Charitable organization" means any of the following:
202.11(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.
202.11(1)(b)
(b) A person who is or purports to be established for a charitable purpose.
202.11(2)
(2) “Charitable purpose" means any of the following:
202.11(2)(a)
(a) A purpose described in section
501 (c) (3) of the internal revenue code.
202.11(2)(b)
(b) A benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic, or other eleemosynary objective.
202.11(3)
(3) “Charitable sales promotion" means an advertising or sales campaign that is conducted by a person who is regularly and primarily engaged in trade or commerce for profit other than in connection with soliciting and that represents that the purchase or use of goods or services offered will benefit, in whole or in part, a charitable organization or charitable purpose.
202.11(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.
202.11(5)
(5) “Contribution" means a grant or pledge of money, credit, property, or other thing of any kind or value, except food, used clothing, or used household goods, to a charitable organization or for a charitable purpose. “Contribution" does not include income from any of the following:
202.11(5)(c)
(c) A bona fide fee, due, or assessment paid by a member of a charitable organization, except that, if initial membership in a charitable organization is conferred solely as consideration for making a grant or pledge of money to the charitable organization in response to a solicitation, that grant or pledge of money is a contribution.
202.11(5m)
(5m) “Department" means the department of financial institutions.
202.11(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 in this state or employ, engage, or provide any person who is paid to solicit in this state. “Fund-raising counsel" does not include any of the following:
202.11(6)(a)
(a) An attorney, investment counselor, or employee of a financial institution who, in the normal course of his or her work as an attorney, investment counselor, or employee of a financial institution, advises a person to make a contribution.
202.11(6)(b)
(b) A bona fide employee, volunteer, or salaried officer of a charitable organization.
202.11(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 any of the following:
202.11(7)(a)
(a) An attorney, investment counselor, or employee of a financial institution who, in the normal course of his or her work as an attorney, investment counselor, or employee of a financial institution, advises a person to make a charitable contribution.
202.11(7)(b)
(b) A bona fide employee, volunteer, wholly owned subsidiary, or salaried officer of a charitable organization.
202.11(7)(c)
(c) An employee of a temporary help agency who is placed with a charitable organization.
202.11(7)(d)
(d) A bona fide employee of a professional fund-raiser that is registered under this chapter.
202.11(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.
202.11(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:
202.11(9)(b)
(b) An announcement to the news media or by radio, television, telephone, telegraph, or other transmission of images or information concerning a request for a contribution by or for a charitable organization or for a charitable purpose.
202.11(9)(c)
(c) The distribution or posting of a handbill, written advertisement, or other publication that directly or by implication seeks a contribution.
202.11(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:
202.11(9)(d)1.
1. A request for financial support for a charitable organization or charitable purpose.
202.11(9)(d)2.
2. The use of or reference to the name of a charitable organization as a reason for making a purchase.
202.11(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.
202.11(10)
(10) “Unpaid solicitor" means a person who solicits in this state and who is not a professional fund-raiser and is not a bona fide employee of a professional fund-raiser that is registered under this chapter.
202.11 History
History: 1991 a. 278,
315;
1999 a. 9;
2013 a. 20 ss.
1990,
2189 to
2208; Stats. 2013 s. 202.11;
2015 a. 163.
202.12
202.12
Regulation of charitable organizations. 202.12(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.
202.12(1)(b)
(b) Applicants for a charitable organization registration shall apply to the department, in the form and manner prescribed by the department. Each application that is not a renewal application shall be accompanied by any information required by the department, including all of the following:
202.12(1)(b)2g.
2g. A reviewed financial statement for the most recently completed fiscal year of the charitable organization, if the charitable organization received contributions in excess of $300,000, subject to adjustment under
sub. (8), but not more than $500,000, subject to adjustment under
sub. (8), during its most recently completed fiscal year. The statement shall be prepared in accordance with generally accepted accounting principles and include a review of the financial statement by an independent certified public accountant.
202.12(1)(b)2r.
2r. An audited financial statement for the most recently completed fiscal year of the charitable organization, if the charitable organization received contributions in excess of $500,000, subject to adjustment under
sub. (8), during its most recently completed fiscal year. The statement shall be prepared in accordance with generally accepted accounting principles and include the opinion of an independent certified public accountant on the financial statement.
202.12(1)(e)
(e) All charitable organization registrations expire on July 31 of each year.
202.12(3)(a)(a) A charitable organization registered under
sub. (1) shall file with the department an annual 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 report shall be filed within 12 months after the end of that fiscal year.
202.12(3)(b)
(b) In addition to the annual report required under
par. (a), if a charitable organization received contributions in excess of $500,000, subject to adjustment under
sub. (8), during its most recently completed fiscal year, the charitable organization 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 12 months after the end of that fiscal year.
202.12(3)(bm)
(bm) In addition to the annual report required under
par. (a), if a charitable organization received contributions in excess of $300,000, subject to adjustment under
sub. (8), but not more than $500,000, subject to adjustment under
sub. (8), during its most recently completed fiscal year, the charitable organization shall file with the department 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 12 months after the end of that fiscal year.
202.12(3)(d)
(d) A charitable organization may apply to the department for a waiver of the requirement set forth in
par. (b) or
(bm). The waiver application shall be in writing, be received by the department within 90 days after the charitable organization's fiscal year-end, and include documentation to support all of the following:
202.12(3)(d)1.
1. The charitable organization's contributions were, during each of the past 3 fiscal years, less than $100,000, subject to adjustment under
sub. (8).
202.12(3)(d)2.
2. During the fiscal year for which the waiver is being requested, the charitable organization received one or more contributions from one contributor that exceeded $200,000, subject to adjustment under
sub. (8), if the charitable organization is applying for a waiver of the requirement set forth in
par. (bm), or exceeded $400,000, subject to adjustment under
sub. (8), if the charitable organization is applying for a waiver of the requirement set forth in
par. (b).
202.12(5)(a)1.
1. A person that is exempt from filing a federal annual information return under section
6033 (a) (3) (A) (i) and (iii) and (C) (i) of the Internal Revenue Code.
202.12(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. 11.0102 (1).
202.12(5)(a)3.
3. Except as provided in
par. (b), a charitable organization that does not intend to raise or receive contributions in excess of $25,000, subject to adjustment under
sub. (8), 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.
202.12(5)(a)3m.
3m. A fraternal, civic, benevolent, patriotic, or social organization that solicits contributions solely from its membership.
202.12(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.
202.12(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 that solicit contributions only from its students and their families, alumni, faculty, trustees, corporations, foundations, and patients.
202.12(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.
202.12(5)(a)9.
9. Any corporation established by an act of the United States Congress that is required by federal law to submit to Congress annual reports, fully audited by the United States Department of Defense, of its activities including itemized accounts of all receipts and expenditures.
202.12(5)(b)
(b) If a charitable organization would otherwise be exempt under
par. (a) 3., but it raises or receives more than $25,000, subject to adjustment under
sub. (8), in contributions, it shall, within 30 days after the date on which its contributions exceed this amount, register as required under
sub. (1).
202.12(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.
202.12(6m)
(6m) Unpaid solicitor disclosure requirements. 202.12(6m)(a)(a) Prior to orally requesting a contribution or contemporaneously with a written request for a contribution, an unpaid solicitor shall clearly and conspicuously disclose all of the following:
202.12(6m)(a)1.
1. The name of the charitable organization, as it appears on file with the department, on whose behalf the solicitation is being made.
202.12(6m)(a)2.
2. A clear description of the primary charitable purpose for which the solicitation is made.
202.12(6m)(a)3.
3. That the contribution is not tax-deductible, if this disclosure is applicable.
202.12(6m)(b)
(b) In addition to the information required by
par. (a), any written solicitation, and any confirmation, receipt, or reminder of a pledged amount, shall conspicuously state the following verbatim: “A financial statement of the charitable organization disclosing assets, liabilities, fund balances, revenue, and expenses for the preceding fiscal year will be provided to any person upon request."
202.12(6m)(c)
(c) The financial statement under
par. (b) shall, at a minimum, divide expenses into categories of management and general, program services, and fund-raising. If the charitable organization is required to file financial information with its annual report under
sub. (3), the financial statement under
par. (b) shall be consistent with the financial information reported in that annual report.
202.12(6m)(d)
(d) The disclosures required by this subsection are required unless the unpaid solicitor is soliciting a contribution for a charitable organization that is not required to be registered under
sub. (1) or that has obtained a disclosure exemption under
par. (e).
202.12(6m)(e)
(e) 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 disclosure requirements under this subsection. The department shall prescribe the forms and procedures for use in applying for an exemption.
202.12(7)
(7) Relationship with fund-raising counsel and professional fund-raisers. 202.12(7)(a)(a) A charitable organization that is required to be registered under
sub. (1), and that permits a fund-raising counsel to perform any material services for the charitable organization, shall do all of the following:
202.12(7)(a)1.
1. Before permitting the fund-raising counsel to perform any material services for the charitable organization, ensure the fund-raising counsel is registered under
s. 202.13 (1) or is not required to be registered.
202.12(7)(a)2.
2. Before permitting the fund-raising counsel to perform any material services for the charitable organization, contract in writing with the fund-raising counsel, unless the fund-raising counsel is exempt under
s. 202.13 (6) from contracting in writing with the charitable organization. Requirements for the contract are specified in
s. 202.13 (3).
202.12(7)(a)3.
3. Retain, for at least 3 years, the accounting the fund-raising counsel is required to provide to the charitable organization under
s. 202.13 (4) (a) and make this accounting available to the department upon request.
202.12(7)(a)4.
4. Maintain an account at a financial institution within which the fund-raising counsel shall deposit, in its entirety, within 5 days after its receipt, a contribution of money received by the fund-raising counsel on behalf of the charitable organization. The account shall be in the name of the charitable organization, and the charitable organization shall have sole control of all withdrawals from the account.
202.12(7)(b)
(b) A charitable organization that is required to be registered under
sub. (1), and that permits a professional fund-raiser to perform any material services for the charitable organization, shall do all of the following:
202.12(7)(b)1.
1. Before permitting the professional fund-raiser to perform any material services for the charitable organization, ensure the professional fund-raiser is registered under
s. 202.14 (1) or is not required to be registered.
202.12(7)(b)2.
2. Before permitting the professional fund-raiser to perform any material services for the charitable organization, contract in writing with the professional fund-raiser. Requirements for the contract are specified in
s. 202.14 (4).
202.12(7)(b)3.
3. Before permitting the professional fund-raiser to perform any material services for the charitable organization, file with the department a written confirmation that any solicitation notice filed with the department under
s. 202.14 (3), and any material accompanying that notice, are true and correct to the best of the charitable organization's knowledge.
202.12(7)(b)4.
4. Retain, for at least 3 years, the accounting the professional fund-raiser is required to provide to the charitable organization under
s. 202.14 (7), and make this accounting available to the department upon request.
202.12(7)(b)5.
5. Maintain an account at a financial institution within which the professional fund-raiser shall deposit, in its entirety, within 5 days after its receipt, a contribution of money received by the professional fund-raiser on behalf of the charitable organization. The account shall be in the name of the charitable organization, and the charitable organization shall have sole control of all withdrawals from the account.
