AB720: Bill Text

AB720,14,8 (2) Action by a lessee to enforce the lessee's rights under this subchapter shall not be grounds for termination of the rental agreement.

AB720,14,16 (3) The warranty required under this section shall apply to the manufacturer of the new home as well as to the dealer who sells or leases the new home to the customer, and shall be in addition to any other rights and privileges that the customer may have under any instrument or law. The waiver of any remedies under any law and the waiver, exclusion, modification or limitation of any warranty, express or implied, including the implied warranty of merchantability and fitness for a particular purpose, is expressly prohibited. Any such waiver is unenforceable and void.

AB720,14,21 (4) The transfer of a new home from one owner or lessee to another during the effective period of the warranty does not terminate the warranty, and subsequent owners or lessees shall be entitled to the full protection of the warranty for the duration of the warranty period as if the original owner or lessee had not transferred the new home.

AB720,15,2 16.999 Sale or lease of used manufactured homes or mobile homes. In the sale or lease of any used manufactured home or mobile home, the sales invoice or lease agreement shall contain the point of manufacture of the used manufactured home or mobile home, the name of the manufacturer and the name and address of the previous owner.

AB720,15,4 16.9992 Rules. The department of administration shall promulgate rules and establish standards necessary to carry out the purposes of ss.16.998 and 16.999.

AB720,15,10 16.9995 Jurisdiction and venue over out-of-state manufacturers. (1) The importation of a new home for sale in this state by an out-of-state manufacturer is deemed an irrevocable appointment by that manufacturer of the secretary of state to be that manufacturer's true and lawful attorney upon whom may be served all legal processes in any action or proceeding against such manufacturer arising out of the importation of such new home into this state.

AB720,15,17 (2) The secretary of state upon whom processes and notices may be served under this section shall, upon being served with such process or notice, mail a copy by registered mail to the out-of-state manufacturer at the nonresident address given in the papers so served. The original shall be returned with proper certificate of service attached for filing in court as proof of service. The service fee shall be $4 for each defendant so served. The secretary of state shall keep a record of all such processes and notices, which record shall show the day and hour of service.

AB720,15,20 16.9997 Penalties. (1) Any person who violates ss.16.998 to 16.9992, or any rule promulgated under ss. 16.998 to 16.9992, may be fined not more than $1,000 or imprisoned for not more than 6 months or both.

AB720,15,23 (2) In any court action brought by the licensor for violations of this subchapter, the licensor may recover all costs of testing and investigation, in addition to costs otherwise recoverable, if it prevails in the action.

AB720,16,3 (3) Nothing in this subchapter prohibits the bringing of a civil action against a manufacturer, dealer or salesperson by an aggrieved customer. If judgment is rendered for the customer based on an act or omission by the manufacturer, dealer or salesperson, which constituted a violation of this subchapter, the plaintiff shall recover actual and proper attorney fees in addition to costs otherwise recoverable.

AB720, s. 8 Section 8. 16.998 (1) (a) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB720,16,8 16.998 (1) (a) That the new home meets those standards prescribed by law or administrative rule of the department or of the department of industry, labor and human relations development, which are in effect at the time of its manufacture.

AB720, s. 9 Section 9. 16.9995 of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB720,16,17 16.9995 Jurisdiction and venue over out-of-state manufacturers. (1) The importation of a new home for sale in this state by an out-of-state manufacturer is deemed an irrevocable appointment by that manufacturer of the secretary of state department of financial institutions to be that manufacturer's true and lawful attorney upon whom may be served all legal processes in any action or proceeding against such manufacturer arising out of the importation of such new home into this state.

AB720,16,25 (2) The secretary of state department of financial institutions upon whom processes and notices may be served under this section shall, upon being served with such process or notice, mail a copy by registered mail to the out-of-state manufacturer at the nonresident address given in the papers so served. The original shall be returned with proper certificate of service attached for filing in court as proof of service. The service fee shall be $4 for each defendant so served. The secretary of state department of financial institutions shall keep a record of all such processes and notices, which record shall show the day and hour of service.

AB720, s. 10 Section 10. 20.505 (7) (jf) of the statutes is amended to read:

AB720,17,5 20.505 (7) (jf) (title) Mobile Manufactured and mobile home parks. The amounts in the schedule for the licensing and regulation of manufactured and mobile home parks under s. 16.366. All moneys received under s. 16.366 shall be credited to this appropriation.

AB720, s. 11 Section 11. 20.505 (7) (ji) of the statutes is amended to read:

AB720,17,11 20.505 (7) (ji) (title) Regulation of manufactured home and mobile home dealers and salespersons. The amounts in the schedule for the regulation of manufactured home and mobile home dealers and salespersons under subch. VI X of ch. 218 16. All moneys received under subch. VI X of ch. 218 16 shall be credited to this appropriation.

AB720, s. 12 Section 12. 30.40 (5) of the statutes is created to read:

AB720,17,13 30.40 (5) "Manufactured home" has the meaning given in s. 101.91 (2).

AB720, s. 13 Section 13. 30.40 (6) of the statutes is amended to read:

AB720,17,18 30.40 (6) "Mobile home" means a prefabricated unit with walls of rigid construction that is designed to be towed as a single unit or in sections upon a highway by a motor vehicle and that is used or is intended to be used for human habitation has the meaning given in s. 101.91 (1).

AB720, s. 14 Section 14. 30.44 (1) (title) of the statutes is amended to read:

AB720,17,20 30.44 (1) (title) Structures; manufactured homes and mobile homes.

AB720, s. 15 Section 15. 30.44 (1) (b) 2. of the statutes is amended to read:

AB720,17,23 30.44 (1) (b) 2. Placement or replacement of a manufactured home or mobile home.

AB720, s. 16 Section 16. 30.44 (1) (b) 3. of the statutes is amended to read:

AB720,18,2 30.44 (1) (b) 3. Modification of a structure or a, manufactured home or mobile home.

AB720, s. 17 Section 17. 30.44 (1) (b) 5. of the statutes is amended to read:

AB720,18,5 30.44 (1) (b) 5. Repair of a manufactured home or mobile home unless exempt under par. (g).

AB720, s. 18 Section 18. 30.44 (1) (c) 1. of the statutes is amended to read:

AB720,18,8 30.44 (1) (c) 1. Sufficient vegetation exists on the land to allow the structure or, manufactured home or mobile home to be visually inconspicuous.

AB720, s. 19 Section 19. 30.44 (1) (c) 2. of the statutes is amended to read:

AB720,18,12 30.44 (1) (c) 2. The structure or, manufactured home or mobile home shall not be higher than the surrounding vegetation during the time when the leaves are on the deciduous trees.

AB720, s. 20 Section 20. 30.44 (1) (c) 5. of the statutes is amended to read:

AB720,18,16 30.44 (1) (c) 5. The site of the structure or, manufactured home or mobile home shall be at least 100 feet behind the top of the bluff or 100 feet below the top of the bluff.

AB720, s. 21 Section 21. 30.44 (1) (e) of the statutes is amended to read:

AB720,18,19 30.44 (1) (e) The height of the structure or, manufactured home or mobile home shall not result in its being visible from the river.

AB720, s. 22 Section 22. 30.44 (1) (g) (intro.) of the statutes is amended to read:

AB720,18,23 30.44 (1) (g) (intro.) Paragraphs (b) (intro.) to (f) (intro.) do not apply to the repair of a damaged structure or, manufactured home or mobile home or to the reconstruction of a destroyed structure if all of the following apply:

AB720, s. 23 Section 23. 30.44 (1) (g) 2. of the statutes is amended to read:

AB720,19,3 30.44 (1) (g) 2. The repaired manufactured home or mobile home or the repaired or reconstructed structure will not be larger in size or more visible from the river than it was immediately before it was damaged or destroyed.

AB720, s. 24 Section 24. 32.19 (4) (a) (intro.) of the statutes is amended to read:

AB720,19,14 32.19 (4) (a) Owner-occupants. (intro.) In addition to amounts otherwise authorized by this subchapter, the condemnor shall make a payment, not to exceed $25,000, to any displaced person who is displaced from a dwelling actually owned and occupied, or from a mobile home or manufactured home site actually owned or occupied, by the displaced person for not less than 180 days prior to the initiation of negotiations for the acquisition of the property. For the purposes of this paragraph, a nonprofit corporation organized under ch. 181 may, if otherwise eligible, be considered a displaced owner. A displaced owner may elect to receive the payment under par. (b) 1. in lieu of the payment under this paragraph. Such payment includes only the following:

AB720, s. 25 Section 25. 32.19 (4) (a) 1m. of the statutes is amended to read:

AB720,20,9 32.19 (4) (a) 1m. In the case of a person displaced from a mobile home or manufactured home site, the amount, if any, which when added to the trade-in or salvage value of the mobile home or manufactured home equals the reasonable cost of a comparable mobile home or manufactured home which is decent, safe and sanitary, plus an amount equal to 48 times the difference between the monthly rent being paid for the site on which the mobile home or manufactured home is located and the monthly rent for a comparable mobile home or manufactured home site or the amount necessary to enable the displaced person to make a down payment on the purchase of a comparable mobile home or manufactured home site, provided that the owner of a mobile home or manufactured home shall be eligible for such payments only if: a) the mobile home or manufactured home is not considered to be a decent, safe and sanitary dwelling unit; or b) the structural condition of the mobile home or manufactured home is such that it cannot be moved without substantial damage or unreasonable cost; or c) there are no adequate or available replacement sites to which the mobile home or manufactured home can be moved. If a comparable mobile home or manufactured home dwelling is not available, the replacement housing payment shall be calculated on the basis of the next highest type of mobile home or manufactured home or a conventional dwelling that is available and meets the requirements and standards for a comparable dwelling.

AB720, s. 26 Section 26. 45.356 (2) of the statutes is amended to read:

AB720,20,17 45.356 (2) The department may lend a veteran not more than $15,000 for the purchase of a mobile home, manufactured home, recreational vehicle, business or business property, the repair of or addition to his or her home or business property, the construction of a garage, the education of the veteran or his or her spouse or children, the payment of medical or funeral expenses or the consolidation of debt. The department may prescribe loan conditions, but the term of the loan may not exceed 10 years.

AB720, s. 27 Section 27. 45.71 (11) of the statutes is created to read:

AB720,20,20 45.71 (11) "Manufactured home" means a manufactured home, as defined in s. 101.91 (2), which:

AB720,20,21 (a) Is used as the veteran's principal place of residence; and

AB720,20,22 (b) Meets or exceeds the statutory size under s. 348.07 (2).

AB720, s. 28 Section 28. 45.71 (12) (intro.) of the statutes is amended to read:

AB720,20,25 45.71 (12) (intro.) "Mobile home" means a mobile home, as defined under s. 340.01 (29) 101.91 (1), which:

AB720, s. 29 Section 29. 45.71 (14m) of the statutes is created to read:

AB720,21,2 45.71 (14m) "Recreational vehicle" has the meaning given in s. 218.10 (8m).

AB720, s. 30 Section 30. 45.76 (1) (a) 1. of the statutes is amended to read:

AB720,21,8 45.76 (1) (a) 1. A mobile or manufactured home or recreational vehicle or real property on which a mobile or manufactured home or recreational vehicle is to be situated, but only if the veteran has available and applies on the total cost of the property, an amount equivalent to at least 15% of the total cost. This 15% requirement does not apply to a person who qualifies under s. 45.745.

AB720, s. 31 Section 31. 45.79 (3) (a) 2. of the statutes is amended to read:

AB720,21,13 45.79 (3) (a) 2. No loan may be made under this section for the purchase or improvement of a mobile or manufactured home or a recreational vehicle unless such loan is secured by both a first mortgage on real estate and a primary chattel security agreement covering the mobile or manufactured home or recreational vehicle itself.

AB720, s. 32 Section 32. 49.47 (4) (b) 1. of the statutes is amended to read:

AB720,21,17 49.47 (4) (b) 1. A home and the land used and operated in connection therewith, or in lieu thereof a manufactured home or mobile home, if the home, manufactured home or mobile home is used as the person's or his or her family's place of abode.

AB720, s. 33 Section 33. 59.97 (4) (d) of the statutes is amended to read:

AB720,21,20 59.97 (4) (d) Trailer camps, or tourist camps and motels or both and manufactured and mobile home parks.

AB720, s. 34 Section 34. 66.058 (title) of the statutes is amended to read:

AB720,21,22 66.058 (title) Mobile Manufactured and mobile home parks.

AB720, s. 35 Section 35. 66.058 (1) (a) of the statutes is repealed.

AB720, s. 36 Section 36. 66.058 (1) (b) of the statutes is amended to read:

AB720,22,2 66.058 (1) (b) "Licensee" means any person licensed to operate and maintain a manufactured and mobile home park under this section.

AB720, s. 37 Section 37. 66.058 (1) (c) of the statutes is amended to read:

AB720,22,5 66.058 (1) (c) "Licensing authority" means the city, town or village wherein a manufactured and mobile home park is located.

AB720, s. 38 Section 38. 66.058 (1) (cg) of the statutes is created to read:

AB720,22,7 66.058 (1) (cg) "Manufactured home" has the meaning given in s. 101.91 (2).

AB720, s. 39 Section 39. 66.058 (1) (d) of the statutes is amended to read:

AB720,22,13 66.058 (1) (d) "Mobile home" is that which is, or was as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped and used primarily for sleeping, eating and living quarters, or is intended to be so used; and includes any additions, attachments, annexes, foundations and appurtenances has the meaning given in s. 101.91 (1).

AB720, s. 40 Section 40. 66.058 (1) (e) of the statutes is amended to read:

AB720,22,18 66.058 (1) (e) "Mobile "Manufactured and mobile home park" means any plot or plots of ground upon which 2 3 or more units mobile homes or manufactured homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation.

AB720, s. 41 Section 41. 66.058 (1) (f) of the statutes is repealed.

AB720, s. 42 Section 42. 66.058 (1) (g) of the statutes is amended to read:

AB720,22,21 66.058 (1) (g) "Park" means manufactured and mobile home park.

AB720, s. 43 Section 43. 66.058 (1) (i) of the statutes is amended to read:

AB720,22,24 66.058 (1) (i) "Space" means a plot of ground within a mobile home park, designed for the accommodation of one mobile home unit.

AB720, s. 44 Section 44. 66.058 (1) (j) of the statutes is amended to read:

AB720,23,1 66.058 (1) (j) "Unit" means a mobile home unit or a manufactured home unit.

AB720, s. 45 Section 45. 66.058 (2) (a) of the statutes is amended to read:

AB720,23,12 66.058 (2) (a) It shall be unlawful for any person to maintain or operate within the limits of any city, town or village, any mobile home park unless such person shall first obtain from the city, town or village a license therefor. All such parks in existence on August 9, 1953, shall within 90 days thereafter, obtain such license, and in all other respects comply fully with the requirements of this section except that the licensing authority shall upon application of a park operator, waive such requirements that require prohibitive reconstruction costs if such waiver does not affect sanitation requirements of the city, town or village or create or permit to continue any hazard to the welfare and health of the community and the occupants of the park.

AB720, s. 46 Section 46. 66.058 (2) (b) of the statutes is amended to read:

AB720,24,5 66.058 (2) (b) In order to protect and promote the public health, morals and welfare and to equitably defray the cost of municipal and educational services required by persons and families using or occupying trailers, mobile homes, trailer camps or mobile home parks for living, dwelling or sleeping purposes, each city council, village board and town board may establish and enforce by ordinance reasonable standards and regulations for every trailer and trailer camp and every mobile home and mobile home park;, may require an annual license fee to operate the same a park and may levy and collect special assessments to defray the cost of municipal and educational services furnished to such trailer and trailer camp, or mobile home and mobile home a park. They may limit the number of units, trailers or mobile homes that may be parked or kept located in any one camp or park, and limit the number of licenses for trailer camps or parks in any common school district, if the mobile housing development of a park would cause the school costs to increase above the state average or if an exceedingly difficult or impossible situation exists with regard to providing adequate and proper sewage disposal in the particular area. The power conferred on cities, villages and towns by this section is in addition to all other grants and shall be deemed limited only by the express language of this section.