As you recall from school, there are three branches of the government in the United States:

• Judicial: This includes the Wisconsin Supreme Court, court of appeals and circuit courts
• Executive: This includes the governor, lieutenant governor and the state agencies.
• Legislative: This includes the Wisconsin Assembly and Senate.

From the courts to the legislature to state agencies, the WRA’s advocacy is everywhere — including the not-so-obvious places you may think of or see. The following article explores the various areas of state government where WRA advocacy occurs for your business, the real estate industry and private property rights. 

Judicial: yup, the WRA is there

The WRA has been involved in the Wisconsin court system since 1978 through its Legal Action Program, which supports Wisconsin REALTORS^® and landowners in legal matters. And how the WRA’s Legal Action Program participates in the process greatly depends on a review of how the WRA can best achieve a positive outcome for the real estate industry.

The WRA’s Legal Action Program helps to educate judges and justices about Wisconsin legal matters that impact the practice of real estate, the ownership and use of real estate, private property rights, and other matters important to REALTORS^® and the real estate industry.

Here are different ways the WRA’s Legal Action Program can help.

Referrals

Need help finding legal counsel? We can assist by identifying specialized attorneys in the field who have a better understanding about the specific issue.

Funding

Need help paying for legal counsel? The WRA has assisted in paying legal fees. However, Legal Action Program funds may not be used to pay any judgment for damages or fines, or any other award of damages.

Research 

Need to know more about a specific issue? The WRA invests time and resources to research some of the most complex issues impacting water quality and property rights. The WRA has even been an expert witness and has provided research to attorneys as well as state agencies in policy and rulemaking.

Amicus briefs

Need the WRA to weigh in? The most common way the WRA participates in a case is by filing an amicus curiae, or “friend of the court” brief, and arguing on that behalf. The Legal Action program has filed hundreds of amicus briefs throughout all levels of the courts in Wisconsin and even in federal district court and the U.S. Supreme Court. However, amicus briefs are not the only way we have weighed in: we also have participated as a member of a coalition of similarly interested parties as well as a party to the lawsuit.

Cases we get involved in may include, but are not limited to, real estate law and practice, land use or environmental issues, private property rights or development rights. To learn more about the WRA’s Legal Action Program and to see the variety of cases in which we’re currently involved, visit legalaction.wra.org.

Executive: yup, the WRA is there

It’s no surprise that the WRA’s advocacy includes lobbying at the state level of the governor and the legislature. However, what many don’t realize is the WRA’s advocacy also includes lobbying in spaces that you don’t really think about, such as state agencies. Here are just a few of the Wisconsin state agencies in which the WRA’s advocacy has occurred over the years: 

• Department of Administration (DOA)
• Department of Revenue (DOR)
• Department of Agriculture, Trade and Consumer Protection (DATCP)
• Department of Transportation (DOT)
• Department of Natural Resources (DNR)
• Department of Financial Institutions (DFI)
• Office of the Commission of Insurance (OCI)
• Department of Workforce Development (DWD)
• Economic Development Corporation (WEDC)
• Housing and Economic Development Authority (WHEDA)
• Department of Safety and Professional Services (DSPS)

Below are some recent examples in which the WRA’s advocacy has impacted state agencies. 

DSPS 

The DSPS credentials and licenses more than 208 professions, including real estate. The Real Estate Examining Board (REEB) is the body within the DSPS that regulates your license. The REEB is comprised of five real estate brokers and salespersons as well as two members of the public. The REEB: 

• Grants and issues real estate licenses.
• Approves WB forms for use in real estate practice
• Approves education curriculum for sales and broker pre-license as well as continuing education (CE).
• Approves or denies the renewal of licenses.
• Promulgates administrative rules relating to real estate practice. 
• Revokes, suspends or limits licenses, assesses forfeitures, and/or assesses other disciplinary actions for licensee violations of state laws or administrative rules.

In the last three years, more than 16 WB forms — forms that impact your practice each day — have undergone REEB updates. The WRA is heavily involved in the forms revisions process. Additionally, when the REEB discusses rule revisions or policy changes, the WRA participates in that process as a stakeholder. And when CE curriculum is discussed, the WRA ensures the curriculum remains relevant to practice and keeps Wisconsin real estate licensees informed about Wisconsin laws, form changes and case law, ensuring competency in practice. 

The advocacy work of the WRA at the DSPS has a greater impact on your daily business than any other activity we participate in, yet it’s the one least visible or noticed.

DOR

After the Wisconsin DOR’s November 2021 guidance as to the scope of “digital goods” expanded to include access to online databases, the WRA reached out to the DOR to discuss the confusion regarding the application of the sales tax to Wisconsin Multiple Listing Service (MLS) services. 

The WRA met with the DOR and explained that since MLSs were created and continue to facilitate cooperation and compensation among participating real estate brokers and that dissemination of information regarding each property is merely an incidental component, the sales tax should not apply. The DOR agreed it was not clear whether MLS services were exempt, and since the sales tax was not currently being charged for MLS services, legislative clarification would be best. The DOR even agreed to work with the WRA on language for statutory clarification. Therefore, this legislative session, the WRA is seeking statutory clarification that MLS services are exempt from the sales tax. 

DATCP and DNR

The WRA and the DATCP recently collaborated on consumer communication pieces about aboveground and underground storage tanks. We will let you know when those are available. Additionally, the DNR collaborated on Addendum W, relating to wetlands.  

Legislative: Yup, the WRA is there too

Of course, one of the main lobbying activities of the WRA is advocating within the state legislature along with the governor. The WRA supports policies that strengthen Wisconsinites’ ability to own, buy and sell real property.

When you read Tom Larson’s article, “Housing Renaissance,” online here, you can see how the WRA’s legislative initiatives respond to or are proactive in addressing the needs of the market, industry, property owner, developer and community.

Learn more about the WRA’s legislative priorities and victories at action.wra.org.

The WRA’s advocacy is everywhere. We are in all branches of government, even if you don’t see it — the WRA is advocating for you.