AB456: Bill Text

Definition of "employee"

Certain employment laws, including the family and medical leave law, the unemployment insurance law, the worker's compensation law, and the fair employment law, as well as the tax withholding law, apply only with respect to "employers" and "employees."

The bill provides that, notwithstanding the applicable definitions or meanings of employee under any law, and in any action or proceeding under the common law, a licensee may not be considered an employee of a firm if: 1) a written agreement has been entered into with the firm that provides that the licensee may not be treated as an employee for federal and state tax purposes; and 2) 75 percent or more of the annual compensation related to sales or output paid by the firm to the licensee pursuant to the agreement is directly related to the brokerage services performed by the licensee on behalf of the firm.

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:

AB456,1 Section 1. 73.0301 (1) (a) of the statutes is amended to read:

AB456,8,2 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).

AB456,2 Section 2. 108.227 (1) (b) of the statutes is amended to read:

AB456,8,5 108.227 (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).

AB456,3 Section 3. 186.113 (19) of the statutes is amended to read:

AB456,8,12 186.113 (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.

AB456,4 Section 4. 440.03 (11m) (a) (intro.) and 1. of the statutes are consolidated, renumbered 440.03 (11m) (a) and amended to read:

AB456,8,22 440.03 (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.

AB456,5 Section 5. 440.03 (11m) (a) 2. of the statutes is repealed.

AB456,6 Section 6. 440.03 (11m) (am) of the statutes is amended to read:

AB456,9,6 440.03 (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.

AB456,7 Section 7. 440.03 (11m) (b) of the statutes is amended to read:

AB456,9,13 440.03 (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.

AB456,8 Section 8. 440.03 (11m) (c) of the statutes is amended to read:

AB456,9,22 440.03 (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.

AB456,9 Section 9. 440.03 (13) (b) 72. of the statutes is repealed.

AB456,10 Section 10. 440.08 (2) (a) 69. of the statutes is repealed.

AB456,11 Section 11. 440.13 (2) (c) of the statutes is amended to read:

AB456,10,4 440.13 (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.

AB456,12 Section 12. 452.01 (1m) of the statutes is amended to read:

AB456,10,8 452.01 (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.

AB456,13 Section 13. 452.01 (1o) of the statutes is created to read:

AB456,10,13 452.01 (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.

AB456,14 Section 14. 452.01 (1p) of the statutes is created to read:

AB456,10,16 452.01 (1p) "Associated with a subagent" means to be associated with a firm that is engaged as a subagent.

AB456,15 Section 15. 452.01 (3) (d) of the statutes is amended to read:

AB456,10,19 452.01 (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.

AB456,16 Section 16. 452.01 (3) (i) of the statutes is created to read:

AB456,10,22 452.01 (3) (i) A developer, as defined in s. 707.02 (11), negotiating a transaction involving a time share.

AB456,17 Section 17. 452.01 (3e) of the statutes is amended to read:

AB456,11,3 452.01 (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.

AB456,18 Section 18. 452.01 (3m) of the statutes is amended to read:

AB456,11,6 452.01 (3m) "Client" means a party to a transaction who has an agency agreement with a broker firm for brokerage services.

AB456,19 Section 19. 452.01 (3s) of the statutes is amended to read:

AB456,11,10 452.01 (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.

AB456,20 Section 20. 452.01 (3w) of the statutes is amended to read:

AB456,11,16 452.01 (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.

AB456,21 Section 21. 452.01 (4) of the statutes is amended to read:

AB456,11,21 452.01 (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).

AB456,22 Section 22. 452.01 (4d) of the statutes is repealed.

AB456,23 Section 23. 452.01 (4h) of the statutes is repealed.

AB456,24 Section 24. 452.01 (4p) of the statutes is repealed.

AB456,25 Section 25. 452.01 (4t) of the statutes is repealed.

AB456,26 Section 26. 452.01 (4w) of the statutes is created to read:

AB456,12,3 452.01 (4w) "Firm" means a licensed individual broker acting as a sole proprietorship or a licensed broker business entity.

AB456,27 Section 27. 452.01 (4x) of the statutes is created to read:

AB456,12,6 452.01 (4x) "Licensed broker business entity" means a broker licensed under s. 452.12 that is a business entity.

AB456,28 Section 28. 452.01 (4y) of the statutes is created to read:

AB456,12,9 452.01 (4y) "Licensed individual broker" means a broker licensed under s. 452.12 who is an individual.

AB456,29 Section 29. 452.01 (5) of the statutes is amended to read:

AB456,12,12 452.01 (5) "Licensee" means any person licensed or registered under this chapter, other than an inactive licensee registered under s. 452.12 (6).

AB456,30 Section 30 . 452.01 (5) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

AB456,12,16 452.01 (5) "Licensee" means any person licensed or registered under this chapter.

AB456,31 Section 31 . 452.01 (5c) of the statutes is created to read:

AB456,12,19 452.01 (5c) "License number" means a number assigned to a person under s. 452.05 (1) (j).

AB456,32 Section 32. 452.01 (5j) of the statutes is amended to read:

AB456,12,23 452.01 (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.

AB456,33 Section 33. 452.01 (5m) (b) of the statutes is amended to read:

AB456,13,3 452.01 (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.

AB456,34 Section 34 . 452.01 (5p) of the statutes is amended to read:

AB456,13,8 452.01 (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.

AB456,35 Section 35 . 452.01 (5p) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

AB456,13,14 452.01 (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.

AB456,36 Section 36. 452.01 (5w) of the statutes is amended to read:

AB456,13,17 452.01 (5w) "Principal broker firm" means a broker who firm that engages a subagent to provide brokerage services in a transaction.

AB456,37 Section 37 . 452.01 (7) of the statutes is repealed and recreated to read:

AB456,13,21 452.01 (7) "Salesperson" means any individual who is associated with a firm, other than a broker, a time-share salesperson, or an individual who is not required to hold a license under this chapter as provided under s. 452.03 (2).

AB456,38 Section 38 . 452.01 (7) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

AB456,14,3 452.01 (7) "Salesperson" means any individual who is associated with a firm, other than a broker, a time-share salesperson, or an individual who is not required to hold a license under this chapter as provided under s. 452.03 (2).

AB456,39 Section 39. 452.01 (7r) of the statutes is amended to read:

AB456,14,7 452.01 (7r) "Subagent" means a broker who firm that is engaged by another broker a principal firm to provide brokerage services in a transaction, but who that is not the other broker's employee associated with the principal firm.

AB456,40 Section 40. 452.01 (9) of the statutes is amended to read:

AB456,14,13 452.01 (9) "Time-share salesperson" means a person, other than a person licensed under s. 452.09, who is employed by a licensed broker to sell or offer or attempt associated with a firm for the purpose of selling or offering or attempting to negotiate an initial sale or purchase of a time share but who may not perform any other acts authorized by this chapter to be performed by a broker or salesperson.

AB456,41 Section 41. 452.01 (9) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed.

AB456,42 Section 42 . 452.025 of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed.

AB456,43 Section 43. 452.025 (1) (b) 3. of the statutes is amended to read:

AB456,14,21 452.025 (1) (b) 3. Certification from the licensed broker employing firm with which the applicant is associated that the applicant is competent to act as a time-share salesperson.

AB456,44 Section 44. 452.025 (3) (a) of the statutes is amended to read:

AB456,14,25 452.025 (3) (a) A time-share salesperson registered under this section may act as a time-share salesperson only when employed by a licensed broker associated with a firm.

AB456,45 Section 45. 452.025 (3) (b) 2. g. of the statutes is amended to read:

AB456,15,3 452.025 (3) (b) 2. g. The signature of the time-share salesperson and the name of the employing broker firm with which the time-share salesperson is associated.

AB456,46 Section 46. 452.025 (4) of the statutes is repealed.