2015 WISCONSIN ACT 258
An Act to repeal 106.03, 440.03 (11m) (a) 2., 440.03 (13) (b) 72., 440.08 (2) (a) 69., 452.01 (4d), 452.01 (4h), 452.01 (4p), 452.01 (4t), 452.01 (9), 452.025, 452.025 (4), 452.09 (1) (c), 452.09 (5), 452.10 (4) (a), 452.12 (6), 452.137 (1) (b), 452.137 (1) (d) and 452.17 (2); to renumber and amend 452.03, 452.10 (4) (b) and 452.19; to consolidate, renumber and amend 440.03 (11m) (a) (intro.) and 1.;
to amend 71.63 (2), 73.0301 (1) (a), 102.07 (8) (a), 103.001 (5), 103.10 (1) (b), 106.01 (1), 108.227 (1) (b), 109.01 (1r), 111.32 (5), 186.113 (19), 440.03 (11m) (am), 440.03 (11m) (b), 440.03 (11m) (c), 440.13 (2) (c), 452.01 (1m), 452.01 (3) (d), 452.01 (3e), 452.01 (3m), 452.01 (3s), 452.01 (3w), 452.01 (4), 452.01 (5), 452.01 (5), 452.01 (5j), 452.01 (5m) (b), 452.01 (5p), 452.01 (5p), 452.01 (5w), 452.01 (7), 452.01 (7r), 452.01 (9), 452.025 (1) (b) 3., 452.025 (3) (a), 452.025 (3) (b) 2. g., 452.05 (1) (a), 452.05 (1) (a), 452.05 (1) (i) (intro.), 452.05 (1) (i) 1., 452.05 (1) (i) 3. b., 452.07 (1m), 452.07 (2), 452.07 (2), 452.09 (1) (b), 452.09 (2) (c) (intro.), 452.09 (3) (a), 452.09 (4) (a) 1., 452.10 (1), 452.10 (2) (a), 452.11 (1), 452.12 (2) (a), 452.12 (2) (c), 452.12 (3), 452.12 (4), 452.12 (5) (b), 452.12 (5) (c), 452.13 (1) (a), 452.13 (2) (a), 452.13 (2) (b), 452.13 (2) (bm), 452.13 (2) (c), 452.13 (2) (e) (intro.), 452.13 (2) (e) 2., 452.13 (2) (f) 1., 452.13 (3), 452.13 (4), 452.13 (5), 452.132 (2) (c), 452.133 (title), 452.133 (1) (intro.), (c), (d), (e), (f) and (g), 452.133 (2) (intro.), (a) 1. and 2., (b) and (c), 452.133 (3), 452.133 (4) (a) and (b) 1. and 2., 452.133 (5), 452.133 (6) (intro.) and (a), 452.134 (1) (a), 452.134 (1) (b), 452.134 (2), 452.134 (3), 452.134 (4), 452.135 (1) and (2), 452.137 (2) (a) 1., 452.137 (2) (a) 2., 452.137 (2) (b) 1., 452.137 (2) (b) 2., 452.137 (2) (c), 452.137 (2) (d), 452.137 (2) (e), 452.137 (2) (f), 452.137 (2) (g), 452.137 (3) (intro.), 452.137 (3) (c), 452.137 (3) (c), 452.137 (4) (a), 452.137 (4) (b) (intro.), 452.137 (4) (b) 1., 452.137 (4) (b) 3., 452.138, 452.139 (1), (2) and (3), 452.14 (1), 452.14 (2), 452.14 (3) (intro.), 452.14 (3) (a), 452.14 (3) (b), 452.14 (3) (c), 452.14 (3) (d), 452.14 (3) (f), 452.14 (3) (g), 452.14 (3) (h), 452.14 (3) (i), 452.14 (3) (j), 452.14 (3) (jm), 452.14 (3) (k), 452.14 (3) (L), 452.14 (3) (m), 452.14 (3) (p), 452.14 (4), 452.14 (4m) (intro.), 452.14 (4m) (a), 452.14 (4m) (b), 452.14 (4r), 452.15 (1) and (2), 452.17 (4) (a), 452.17 (4) (a) 1. and 2., 452.19 (1), 452.20, 452.21, 452.22 (2), 452.23 (1), 452.23 (2) (intro.), 452.23 (2) (b), 452.23 (3), 452.23 (4), 452.24 (2), 452.25 (1) (a), 452.25 (1) (b), 452.25 (1) (c) 2., 452.25 (1) (d), 452.25 (1) (e), 452.25 (2) (b), 452.30 (7) (b), 707.55 (5) and 707.55 (7); to repeal and recreate 104.01 (2) (b) 2., 108.02 (15) (k) 7., 452.01 (7), 452.14 (3) (intro.) and 452.19 (title); and to create 102.07 (8) (bm), 102.078, 452.01 (1o), 452.01 (1p), 452.01 (3) (i), 452.01 (4w), 452.01 (4x), 452.01 (4y), 452.01 (5c), 452.03 (2), 452.05 (1) (j), 452.12 (5) (bm), 452.132, 452.133 (4m), 452.142, 452.19 (2), 452.30, 452.34, 452.38, 452.40 and 452.42 of the statutes; relating to: various changes regarding the laws governing real estate practice, employment relationships between real estate licensees and real estate brokerage firms, a statute of limitations for actions against persons engaged in real estate practice, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
258,1b
Section 1b. 71.63 (2) of the statutes is amended to read:
71.63
(2) "Employee" means a resident individual who performs or performed services for an employer anywhere or a nonresident individual who performs or performed such services within this state, and includes an officer, employee or elected official of the United States, a state, territory, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of these entities. The term includes an officer of a corporation, an entertainer and an entertainment corporation, but does not include a
qualified real estate agent or a direct seller who is not treated as an employee under section
3508 of the Internal Revenue Code
or a real estate broker or salesperson who is excluded under s. 452.38.
258,1c
Section 1c. 73.0301 (1) (a) of the statutes is amended to read:
73.0301 (1) (a) "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).
258,1d
Section 1d. 102.07 (8) (a) of the statutes is amended to read:
102.07 (8) (a) Except as provided in par. pars. (b) and (bm), every independent contractor is, for the purpose of this chapter, an employee of any employer under this chapter for whom he or she is performing service in the course of the trade, business, profession or occupation of such employer at the time of the injury.
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:
