2015 Wisconsin Act 258

258,1e Section 1e. 102.07 (8) (bm) of the statutes is created to read:

102.07 (8) (bm) A real estate broker or salesperson who is excluded under s. 452.38 is not an employee of a firm, as defined in s. 452.01 (4w), for whom the real estate broker or salesperson performs services unless the firm elects under s. 102.078 to name the real estate broker or salesperson as its employee.

258,1f Section 1f. 102.078 of the statutes is created to read:

102.078 Election by real estate firm. (1) A firm, as defined in s. 452.01 (4w), may elect to name as its employee for purposes of this chapter a real estate broker or salesperson who is excluded under s. 452.38 by an endorsement on its policy of worker's compensation insurance or, if the firm is self-insured under s. 102.28 (2) (b), by filing a declaration with the department in the manner provided in s. 102.31 (2) (a) naming the real estate broker or salesperson as an employee of the firm for purposes of this chapter. A declaration under this subsection shall state all of the following:

(a) The name of the real estate broker or salesperson to be covered under this chapter.

(b) That a written agreement has been entered into that provides that the real estate broker or salesperson shall not be treated as an employee for federal and state tax purposes.

(c) That 75 percent or more of the compensation related to sales or other output, as measured on a calendar year basis, paid to the real estate broker or salesperson under the written agreement specified in par. (b) is directly related to the brokerage services performed by the real estate broker or salesperson on behalf of the firm.

(2) A firm, as defined in s. 452.01 (4w), may revoke a declaration under sub. (1) by providing written notice to the department in the manner provided in s. 102.31 (2) (a) and to the real estate broker or salesperson named in the declaration. A revocation under this subsection is effective 30 days after the department receives notice of that revocation.

258,1g Section 1g. 103.001 (5) of the statutes is amended to read:

103.001 (5) "Employee" means, except as provided in s. 452.38, any person who may be required or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go or work or be at any time in any place of employment.

258,1h Section 1h. 103.10 (1) (b) of the statutes is amended to read:

103.10 (1) (b) Except as provided in sub. (1m) (b) 2. and s. 452.38, "employee" means an individual employed in this state by an employer, except the employer's parent, spouse, domestic partner, or child.

258,1k Section 1k. 104.01 (2) (b) 2. of the statutes is repealed and recreated to read:

104.01 (2) (b) 2. An individual excluded under s. 452.38.

258,1m Section 1m. 106.01 (1) of the statutes is amended to read:

106.01 (1) Formation of apprentice contract. Any person 16 years of age or over may enter into an apprentice contract binding himself or herself to serve as an apprentice as provided in this section. Except as provided in ss. 106.02, and 106.025, and 106.03, the term of service of an apprenticeship shall be for not less than one year. Every apprentice contract shall be in writing and shall be signed by the apprentice, the department, and the sponsor or an apprenticeship committee acting as the agent of the sponsor. If the apprentice has not reached 18 years of age, the apprentice contract shall also be signed by one of the apprentice's parents or, if both parents are deceased or legally incapable of giving consent, by the guardian of the apprentice or, if there is no guardian, by a deputy of the department. The department shall specify the provisions that are required to be included in an apprentice contract by rule promulgated under sub. (11).

258,1n Section 1n. 106.03 of the statutes is repealed.

258,1p Section 1p. 108.02 (15) (k) 7. of the statutes is repealed and recreated to read:

108.02 (15) (k) 7. By an individual to whom all of the following apply:

a. The individual is a real estate licensee, as defined in s. 452.01 (5).

b. Seventy-five percent or more of the remuneration, whether or not paid in cash, for the services performed by the individual as a real estate licensee is directly related to sales or other output, including the performance of services, rather than to the number of hours worked.

c. The services performed by the individual are performed pursuant to a written contract between the individual and the person for whom the services are performed and the contract provides that the individual will not be treated as an employee with respect to the services for federal tax purposes;

258,2 Section 2. 108.227 (1) (b) of the statutes is amended to read:

108.227 (1) (b) "Credential" has the meaning given in s. 440.01 (2) (a), but does not include a registration as an inactive licensee under s. 452.12 (6) (b).

258,2d Section 2d. 109.01 (1r) of the statutes is amended to read:

109.01 (1r) "Employee" means any person employed by an employer, except that "employee" does not include an officer or director of a corporation, a member or manager of a limited liability company, a partner of a partnership or a joint venture, the owner of a sole proprietorship, an independent contractor or person otherwise excluded under s. 452.38, or a person employed in a managerial, executive, or commissioned sales capacity or in a capacity in which the person is privy to confidential matters involving the employer-employee relationship.

258,2f Section 2f. 111.32 (5) of the statutes is amended to read:

111.32 (5) "Employee" does not include any individual employed by his or her parents, spouse, or child or any individual excluded under s. 452.38.

258,3 Section 3. 186.113 (19) of the statutes is amended to read:

186.113 (19) Client fund accounts. Maintain real estate broker trust accounts under s. 452.13 for brokers who firms, as defined in s. 452.01 (4w), that are eligible for membership in the credit union, attorney trust accounts under s. 757.293 for attorneys who are eligible for membership in the credit union, and collection agency trust accounts under s. 218.04 (9g) for persons who are eligible for membership in the credit union.

258,4 Section 4. 440.03 (11m) (a) (intro.) and 1. of the statutes are consolidated, renumbered 440.03 (11m) (a) and amended to read:

440.03 (11m) (a) Each application form for a credential issued or renewed under chs. 440 to 480 shall provide a space for the department to require each of the following an applicant for the initial credential or credential renewal, other than an individual who does not have a social security number and who submits a statement made or subscribed under oath or affirmation as required under par. (am), to provide his or her social security number: 1. An applicant for an initial credential or credential renewal. If the applicant is not an individual, the department shall require the applicant to provide its federal employer identification number.

258,5 Section 5. 440.03 (11m) (a) 2. of the statutes is repealed.

258,6 Section 6. 440.03 (11m) (am) of the statutes is amended to read:

440.03 (11m) (am) If an applicant specified in par. (a) 1. or 2. is an individual who does not have a social security number, the applicant shall submit a statement made or subscribed under oath that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A credential or license issued in reliance upon a false statement submitted under this paragraph is invalid.

258,7 Section 7. 440.03 (11m) (b) of the statutes is amended to read:

440.03 (11m) (b) The real estate examining board shall deny an application for an initial credential or deny an application for credential renewal or for reinstatement of an inactive license under s. 452.12 (6) (e) if any information required under par. (a) is not included in the application form or, in the case of an applicant who is an individual and who does not have a social security number, if the statement required under par. (am) is not included with the application form.

258,8 Section 8. 440.03 (11m) (c) of the statutes is amended to read:

440.03 (11m) (c) The department of safety and professional services may not disclose a social security number obtained under par. (a) to any person except the coordinated licensure information system under s. 441.50 (7); the department of children and families for purposes of administering s. 49.22; and, for a social security number obtained under par. (a) 1., the department of revenue for the purpose of requesting certifications under s. 73.0301 and administering state taxes and the department of workforce development for the purpose of requesting certifications under s. 108.227.

258,9 Section 9. 440.03 (13) (b) 72. of the statutes is repealed.

258,10 Section 10. 440.08 (2) (a) 69. of the statutes is repealed.

258,11 Section 11. 440.13 (2) (c) of the statutes is amended to read:

440.13 (2) (c) With respect to a credential granted by a credentialing board, a credentialing board shall restrict, limit, or suspend a credential held by a person or deny an application for an initial credential or for reinstatement of an inactive license under s. 452.12 (6) (e) when directed to do so by the department.

258,12 Section 12. 452.01 (1m) of the statutes is amended to read:

452.01 (1m) "Agency agreement" means a written agreement between a broker firm and a client in which the client authorizes the broker firm to provide brokerage services to the client.

258,13 Section 13. 452.01 (1o) of the statutes is created to read:

452.01 (1o) "Associated with a firm" means to have been engaged by a firm to provide brokerage services to the firm's clients and customers on behalf of the firm and under the firm's supervision, including as an employee of the firm or as an independent contractor, or both.

258,14 Section 14. 452.01 (1p) of the statutes is created to read:

452.01 (1p) "Associated with a subagent" means to be associated with a firm that is engaged as a subagent.

258,15 Section 15. 452.01 (3) (d) of the statutes is amended to read:

452.01 (3) (d) Employees of persons enumerated in pars. (a) to (c) and, (f), and (i) when engaged in the specific performance of their duties as such employees.

258,16 Section 16. 452.01 (3) (i) of the statutes is created to read:

452.01 (3) (i) A developer, as defined in s. 707.02 (11), negotiating a transaction involving a time share.

258,17 Section 17. 452.01 (3e) of the statutes is amended to read:

452.01 (3e) "Brokerage service" means any service described under sub. (2) provided to a person by a broker to another person firm and any licensees associated with the firm.

258,18 Section 18. 452.01 (3m) of the statutes is amended to read:

452.01 (3m) "Client" means a party to a transaction who has an agency agreement with a broker firm for brokerage services.

258,19 Section 19. 452.01 (3s) of the statutes is amended to read:

452.01 (3s) "Customer" means a party to a transaction who is provided brokerage services by a broker firm and any licensees associated with the firm but who is not a client.

258,20 Section 20. 452.01 (3w) of the statutes is amended to read:

452.01 (3w) "Designated agency" means a multiple representation relationship in which each client of the broker firm in the multiple representation relationship receives negotiation services from the broker firm only from employees of licensees associated with the broker firm who are not providing negotiation services to any other client of the broker firm in the transaction.

258,21 Section 21. 452.01 (4) of the statutes is amended to read:

452.01 (4) "Disciplinary proceeding" means a proceeding against one or more licensees or registrants in which the board may revoke, suspend, or limit a license or registration, reprimand a licensee or registrant, or assess a forfeiture or require education or training under s. 452.14 (4m) or (4r).

258,22 Section 22. 452.01 (4d) of the statutes is repealed.

258,23 Section 23. 452.01 (4h) of the statutes is repealed.

258,24 Section 24. 452.01 (4p) of the statutes is repealed.

258,25 Section 25. 452.01 (4t) of the statutes is repealed.

258,26 Section 26. 452.01 (4w) of the statutes is created to read:

452.01 (4w) "Firm" means a licensed individual broker acting as a sole proprietorship or a licensed broker business entity.

258,27 Section 27. 452.01 (4x) of the statutes is created to read:

452.01 (4x) "Licensed broker business entity" means a broker licensed under s. 452.12 that is a business entity.

258,28 Section 28. 452.01 (4y) of the statutes is created to read:

452.01 (4y) "Licensed individual broker" means a broker licensed under s. 452.12 who is an individual.

258,29 Section 29. 452.01 (5) of the statutes is amended to read:

452.01 (5) "Licensee" means any person licensed or registered under this chapter, other than an inactive licensee registered under s. 452.12 (6).

258,30 Section 30 . 452.01 (5) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

452.01 (5) "Licensee" means any person licensed or registered under this chapter.

258,31 Section 31 . 452.01 (5c) of the statutes is created to read:

452.01 (5c) "License number" means a number assigned to a person under s. 452.05 (1) (j).

258,32 Section 32. 452.01 (5j) of the statutes is amended to read:

452.01 (5j) "Multiple representation relationship" means a relationship between a broker firm and 2 or more of the broker's firm's clients in which the clients are parties in the same transaction.

258,33 Section 33. 452.01 (5m) (b) of the statutes is amended to read:

452.01 (5m) (b) Completing, when requested by a party, appropriate department-approved board-approved forms or other writings to document the party's proposal consistent with the party's intent instruction.

258,34 Section 34 . 452.01 (5p) of the statutes is amended to read:

452.01 (5p) "Out-of-state salesperson" means a person who is not licensed under this chapter and who is employed or engaged as an independent contractor by an out-of-state broker. "Out-of-state salesperson" includes a time-share salesperson employed by an out-of-state broker.

258,35 Section 35 . 452.01 (5p) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

452.01 (5p) "Out-of-state salesperson" means a person who is not licensed under this chapter and who is employed or engaged as an independent contractor by an out-of-state broker. "Out-of-state salesperson" includes a time-share salesperson employed by an out-of-state broker.

258,36 Section 36. 452.01 (5w) of the statutes is amended to read:

452.01 (5w) "Principal broker firm" means a broker who firm that engages a subagent to provide brokerage services in a transaction.