State Codes and Statutes
Statutes > Wisconsin > 440 > 440.41440.41
SUBCHAPTER IVSOLICITATION OF FUNDS FOR CHARITABLE PURPOSES
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 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)(a)
(a) An oral or written request.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 - ANNOT.
History: 1991 a. 278, 315; 1999 a. 9.