LRB-2130/1
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2017 - 2018 LEGISLATURE
November 8, 2017 - Introduced by Senator Hansen, cosponsored by
Representatives Berceau and Sargent. Referred to Committee on Public
Benefits, Licensing and State-Federal Relations.
SB520,1,9 1An Act to renumber and amend 452.30 (7) (b); to amend 15.405 (11m), 15.407
2(5), 452.03 (1), 452.05 (1) (a), 452.05 (1) (c), 452.05 (1) (d), 452.05 (1) (g), 452.05
3(1) (i) (intro.), 452.05 (3), 452.07 (2), 452.09 (1) (intro.), 452.09 (1) (e), 452.11 (1),
4452.12 (1), 452.12 (5) (c), 452.12 (5) (d), 452.14 (1), 452.14 (3) (i), 452.20, 452.22
5(2), 452.25 (1) (a), 452.25 (1) (c) 2., 452.25 (1) (e) and 452.25 (2) (b); and to create
6440.03 (13) (b) 60m., 440.08 (2) (a) 63wm., 452.01 (5x), 452.01 (5y), 452.035,
7452.09 (2) (e), 452.09 (3) (e) and 452.30 (7) (b) 2. of the statutes; relating to:
8licensure of professional leasing and renting agents and granting rule-making
9authority.
Analysis by the Legislative Reference Bureau
This bill establishes a licensure program for professional leasing and renting
agents administered by the Real Estate Examining Board. The bill defines
“professional leasing and renting” as, for compensation 1) renting or leasing real
estate to a tenant; 2) making representations about the condition of real estate
available for lease or rent; 3) showing real estate that is offered exclusively for lease
or rent; 4) directing potential tenants about how to complete and sign lease
agreements or rental agreements for real estate; and 5) screening applicants for real
estate available for lease or rent.

Under the bill, and subject to certain exceptions, a person may engage in
professional leasing and renting in Wisconsin only if the person is licensed by the
examining board as a professional leasing and renting agent. The examining board
may grant a license to engage in professional leasing and renting to an applicant
who, among other things, is at least 18 years old, completes an educational program
approved by the examining board, passes an examination approved by the
examining board, and does not have a prior conviction for certain felonies or an
offense related to the practice of real estate. The bill requires a licensed professional
leasing and renting agent to complete continuing education requirements, as
determined by the board, every two years in order to renew the license.
The bill adds a person who is licensed as a professional leasing and renting
agent to the examining board. Under the bill, the examining board investigates,
holds hearings, and makes findings pertaining to violations of the bill, therefore,
certain violations by professional leasing and renting agents are punishable by a civil
forfeiture of up to $1,000 and other violations of the professional leasing and renting
provisions are punishable by a criminal fine of up to $1,000 or up to six months of jail
or both. The penalties under the bill are the same that apply under current law to
real estate brokers and salespersons. The bill also adds a person who is licensed as
a professional leasing and renting agent and who has at least two years of work
experience with that license to the Council on Real Estate Curriculum and
Examinations. Under current law, the examining board is required to consult with
the council before the examining board promulgates rules that establish criteria for
educational programs required for licensure in real estate professions and for
continuing education programs required for licensure in a real estate profession, and
the council also has certain other duties.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB520,1 1Section 1. 15.405 (11m) of the statutes is amended to read:
SB520,3,22 15.405 (11m) Real estate examining board. There is created a real estate
3examining board in the department of safety and professional services. The real
4estate examining board shall consist of 7 8 members appointed to staggered 4-year
5terms. Five of the members shall be real estate brokers or salespersons licensed in
6this state. One of the members shall be a professional leasing and renting agent

1licensed in this state.
Two members shall be public members. No member may serve
2more than 2 terms.
SB520,2 3Section 2. 15.407 (5) of the statutes is amended to read:
SB520,3,184 15.407 (5) Council on real estate curriculum and examinations. There is
5created in the department of safety and professional services a council on real estate
6curriculum and examinations consisting of 7 8 members appointed for 4-year terms.
7Five Six members shall be real estate brokers or, salespersons , or professional
8leasing and renting agents
licensed under ch. 452 and 2 members shall be public
9members. Of the real estate broker or salesperson members, one member shall be
10a member of the real estate examining board appointed by the real estate examining
11board, at least 2 members shall be licensed real estate brokers with at least 5 years
12of experience as real estate brokers, and at least one member shall be a licensed real
13estate salesperson with at least 2 years of experience as a real estate salesperson,
14and at least one member shall be a licensed professional leasing and renting agent
15with at least 2 years of experience as a professional leasing and renting agent
. Of
16the 2 public members, at least one member shall have at least 2 years of experience
17in planning or presenting real estate educational programs. No member of the
18council may serve more than 2 consecutive terms.
SB520,3 19Section 3. 440.03 (13) (b) 60m. of the statutes is created to read:
SB520,3,2020 440.03 (13) (b) 60m. Professional leasing and renting agent.
SB520,4 21Section 4. 440.08 (2) (a) 63wm. of the statutes is created to read:
SB520,3,2322 440.08 (2) (a) 63wm. Professional leasing and renting agent: December 15 of
23each even-numbered year.
SB520,5 24Section 5. 452.01 (5x) of the statutes is created to read:
SB520,4,2
1452.01 (5x) “Professional leasing and renting” means, for compensation, any
2of the following:
SB520,4,33 (a) Renting or leasing real estate to a tenant.
SB520,4,54 (b) Making representations about the condition of real estate available for lease
5or rent.
SB520,4,66 (c) Showing real estate that is offered exclusively for lease or rent.
SB520,4,87 (d) Directing potential tenants about how to complete and sign lease
8agreements or rental agreements for real estate.
SB520,4,99 (e) Screening applicants for real estate available for lease or rent.
SB520,6 10Section 6. 452.01 (5y) of the statutes is created to read:
SB520,4,1311 452.01 (5y) “Professional leasing and renting agent” means a person who
12engages in professional leasing and renting, including an individual who owns real
13estate and engages in professional leasing and renting related to that real estate.
SB520,7 14Section 7. 452.03 (1) of the statutes is amended to read:
SB520,4,2115 452.03 (1) Except as provided in s. 452.137, no person may engage in or follow
16the business or occupation of, or advertise or hold himself or herself out as, or act
17temporarily or otherwise as a broker or salesperson without a broker's or
18salesperson's
license issued under this chapter. The board may grant a license only
19to a person who is competent to transact that business or occupation in a manner that
20safeguards the interests of the public, and only after satisfactory proof of the person's
21competence has been presented to the board.
SB520,8 22Section 8. 452.035 of the statutes is created to read:
SB520,5,2 23452.035 Professional leasing and renting agent licensed. (1) Except as
24provided in sub. (2), no individual may act or advertise or hold himself or herself out

1as a professional leasing and renting agent without a license issued under this
2section.
SB520,5,3 3(2) No license under this section is required for any of the following:
SB520,5,54 (a) A person who holds a broker's or salesperson's license issued under this
5chapter.
SB520,5,76 (b) A person lawfully practicing within the scope of a license, permit,
7registration, or certification granted by this state or the federal government.
SB520,5,98 (c) A person who engages in professional leasing and renting involving any of
9the following real estate:
SB520,5,1010 1. The person's primary residence.
SB520,5,1111 2. A primary residence of the person's immediate family member.
SB520,5,1312 (d) A custodian, janitor, or other employee, or the owner or manager, of a
13residential building for exhibiting a residential unit therein to prospective tenants.
SB520,9 14Section 9. 452.05 (1) (a) of the statutes is amended to read:
SB520,5,1715 452.05 (1) (a) Grant and issue licenses to individuals and business entities to
16act as brokers and, to individuals to act as salespersons, and to individuals to act as
17professional leasing and renting agents
.
SB520,10 18Section 10. 452.05 (1) (c) of the statutes is amended to read:
SB520,6,219 452.05 (1) (c) After consultation with the council on real estate curriculum and
20examinations, promulgate rules establishing criteria for the approval of educational
21programs and training sessions under s. 452.09 (2) and approve such programs and
22sessions in accordance with the established criteria. The rules shall require that
23educational programs approved for a license in professional leasing and renting shall
24include instruction on obligations under s. 106.50 and federal fair housing laws,
25leasing or renting to tenants who use service animals, verifying legal forms of

1identification, and other duties and responsibilities related to professional leasing
2and renting.
SB520,11 3Section 11. 452.05 (1) (d) of the statutes is amended to read:
SB520,6,84 452.05 (1) (d) After consultation with the council on real estate curriculum and
5examinations, brokers and, salespersons, and professional leasing and renting
6agents
licensed under this chapter, and interested members of the public, establish
7criteria for the approval of continuing educational programs and courses in real
8estate related subjects required for renewal under s. 452.12 (5) (c).
SB520,12 9Section 12. 452.05 (1) (g) of the statutes is amended to read:
SB520,6,1510 452.05 (1) (g) Approve continuing educational programs and courses in
11accordance with the criteria established under par. (d). In order to be approved, a
12continuing educational program or course must require brokers and, salespersons,
13and professional leasing and renting agents
to pass an examination on the
14information presented at the program or course in order to successfully complete and
15receive continuing education credit for the program or course under s. 452.12 (5) (c).
SB520,13 16Section 13. 452.05 (1) (i) (intro.) of the statutes is amended to read:
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