AB720: Bill Text

AB720,3,3 An Act to repeal 66.058 (1) (a), 66.058 (1) (f), 101.90, 101.91 (2) (b), 101.92 (1), 101.92 (5), 101.92 (6), 101.93, 101.94 (3), 101.94 (4), 101.94 (5), 101.96, 218.10 (8), 218.101 (1), 218.14, 218.16, 218.165 and 218.17 (1); to renumber and amend 16.366 (1), 218.10 (1), 218.10 (3), 218.10 (4), 218.10 (6) and 218.101 (2); to consolidate, renumber and amend 101.91 (2) (intro.) and (a); to amend 16.366 (title), 16.366 (2) (a), 16.366 (2) (d), 16.366 (2m), 16.998 (1) (a), 16.9995, 20.505 (7) (jf), 20.505 (7) (ji), 30.40 (6), 30.44 (1) (title), 30.44 (1) (b) 2., 30.44 (1) (b) 3., 30.44 (1) (b) 5., 30.44 (1) (c) 1., 30.44 (1) (c) 2., 30.44 (1) (c) 5., 30.44 (1) (e), 30.44 (1) (g) (intro.), 30.44 (1) (g) 2., 32.19 (4) (a) (intro.), 32.19 (4) (a) 1m., 45.356 (2), 45.71 (12) (intro.), 45.76 (1) (a) 1., 45.79 (3) (a) 2., 49.47 (4) (b) 1., 59.97 (4) (d), 66.058 (title), 66.058 (1) (b), 66.058 (1) (c), 66.058 (1) (d), 66.058 (1) (e), 66.058 (1) (g), 66.058 (1) (i), 66.058 (1) (j), 66.058 (2) (a), 66.058 (2) (b), 66.058 (2) (c), 66.058 (2) (d), 66.058 (3) (title), 66.058 (3) (a), 66.058 (3) (c) (intro.), 66.058 (3) (c) 1., 66.058 (3) (d), 66.058 (3) (e), 66.058 (3m), 66.058 (4) (intro.), 66.058 (4) (b), 66.058 (5), 66.058 (8), 66.0585, 70.043 (title), 70.043 (1), 70.043 (2), 70.111 (19) (title), 70.111 (19) (b), 70.112 (7), 71.07 (9) (a) 3., 71.07 (9) (a) 4., 71.52 (2), 71.52 (7), 77.51 (4) (b) 6., 77.51 (13) (am), 77.51 (15) (b) 5., 77.52 (2) (a) 1., 77.53 (17), 77.53 (18), 77.54 (7) (b) (intro.), 77.54 (31), 77.54 (36), 77.61 (1) (a), 77.61 (1) (c), 77.71 (4), 77.78, 77.785 (2), 79.03 (3) (b) 4. a., 101.125 (1) (a), 101.19 (1) (e), 101.22 (1m) (L), 101.91 (intro.), 101.92 (3), 101.92 (4), 101.92 (7), 101.92 (8), 101.94 (2), 101.94 (6), 101.94 (7), 101.95, 138.052 (1) (b), 138.056 (1) (b), 138.056 (1) (c), 138.056 (1) (d), 138.056 (3) (a), 144.30 (3r), 214.485 (10), 215.205 (1), 218.01 (6) (bn) 3., subchapter VI (title) of chapter 218 [precedes 218.10], 218.10 (2), 218.10 (5), 218.10 (7), 218.10 (8m), 218.10 (9), 218.11 (title), 218.11 (1), 218.11 (6) (n), 218.12 (title), 218.12 (1), 218.12 (2) (a), 218.12 (5), 218.12 (6), 218.15, 218.17 (3), 227.43 (1) (bg), 234.622 (7), 340.01 (11) (intro.), 340.01 (14), 340.01 (18m), 340.01 (28), 340.01 (29), 340.01 (33m), 340.01 (57), 340.01 (71), 340.01 (72) (a), 341.04 (1) (intro.), 341.05 (14m), 341.25 (1) (intro.), 341.25 (1) (i), 341.47 (1) (intro.), 341.51 (1), 341.51 (2), 341.53, 341.62, 342.18 (4) (a), 342.18 (4) (b), 342.22 (3) (a), 342.30 (2), 342.40 (1), 342.40 (3) (a), 343.055 (1) (d), 346.94 (8), 346.94 (8m) (title), 346.94 (8m) (a), 346.94 (8m) (b), 347.13 (1), 347.14 (1), 347.15 (1), 347.15 (2), 347.35 (4), 347.45 (1), 347.47 (title), 347.47 (2), 347.47 (3), 347.47 (4), 348.05 (2) (i), 348.06 (1), 348.07 (2) (c), 348.07 (3) (a), 348.10 (5) (a), 348.10 (5) (c), 348.25 (6), 348.26 (4), 348.27 (7), 348.27 (7m), 349.03 (2), 422.201 (12m), 422.202 (2) (intro.), 422.209 (6m), 422.402 (5) (intro.), 422.402 (5) (b), 422.413 (2g) (intro.), 424.301 (1) (b) 1, 707.02 (4), 710.15 (title), 710.15 (1) (a), 710.15 (1) (b), 710.15 (1) (c), 710.15 (1) (d), 710.15 (1) (e), 710.15 (1) (f), 710.15 (1m), 710.15 (2), 710.15 (3) (a), 710.15 (3) (b), 710.15 (4), 710.15 (4m), 710.15 (5m) (intro.), 710.15 (5m) (e), 710.15 (5m) (em), 710.15 (5m) (h), 779.85 (6), 852.09 (2), 941.20 (1) (d), 943.10 (1) (e) and 990.01 (14); and to create 16.366 (1g), subchapter X of chapter 16 [precedes 16.995], 30.40 (5), 45.71 (11), 45.71 (14m), 66.058 (1) (cg), 340.01 (27m), 340.01 (48r), 340.01 (72r), 710.15 (1) (am) and 943.10 (1) (am) of the statutes; relating to: the definition and regulation of mobile homes and manufactured homes, granting rule-making authority and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill makes changes in current law concerning the definition and regulation of mobile homes and manufactured homes. The bill includes the following changes:

Definitions of mobile home and manufactured home

Under current law there are several different definitions of the term "mobile home" and of the term "manufactured home". Also, under current law "mobile home" is often used as a general term that includes "manufactured home". Because of changes in the mid-1970s in federal laws that define and regulate mobile and manufactured homes, only manufactured homes as defined under current federal law are being constructed today. This bill creates a single definition for "mobile home" and a single definition for "manufactured home" that applies throughout the statutes by doing the following:

1. The bill establishes the definition of "mobile home" that is used in the statute governing manufacture of mobile and manufactured homes as the single definition of "mobile home" in the statutes. Thus, under the bill, for all purposes under the statutes a mobile home is a vehicle manufactured or assembled before June 15, 1976, that has an overall length of more than 45 feet, that is designed to be towed as a single unit or in sections on a highway by a motor vehicle, that has walls of rigid noncollapsible construction and that is equipped and used, or intended to be used, primarily for human habitation. Under the bill, "mobile home" includes the mobile home structure, its plumbing, heating, air conditioning and electrical systems, and all appliances and all other equipment carrying a manufacturer's warranty.

2. The bill establishes as the single definition of "manufactured home" in the statutes a definition that refers to the federal standards for manufactured homes. Thus, under the bill, for all purposes under the statutes a manufactured home is a structure designed to be used as a dwelling, either with or without a permanent foundation, that complies with the federal standards established for manufactured homes.

In addition to establishing a single definition for mobile home and for manufactured home, the bill makes the use of the terms consistent with the definitions by doing the following:

1. The bill inserts references to "manufactured home" in places in current law that refer only to "mobile home" if the use of mobile home under current law is general and meant to include manufactured homes. For example, the bill inserts references to "manufactured home" in the statutes governing mobile and manufactured home parks. The bill also inserts references to "manufactured home" in the statutes governing the treatment, for property and other tax purposes, of mobile and manufactured homes as either improvements to real property or as personal property.

2. The bill changes references to "mobile home" to be references to "manufactured home" in statutes that pertain only to structures that are newly constructed, since under federal law only manufactured homes are now being constructed. For example, the bill changes "mobile home" to "manufactured home" in statutes governing the licensure and regulation of manufactured home dealers by the department of administration (DOA).

In addition, under current law "mobile home" is sometimes used to refer to structures used primarily as temporary living quarters for recreational, camping, travel or seasonal purposes. This bill creates a single definition for "recreational vehicle" and a single definition for "travel trailer" and uses these terms in place of mobile home where mobile home is used to refer to structures used primarily as temporary living quarters for recreational, camping, travel or seasonal purposes. For example, the bill changes "mobile home" to "recreational vehicle" in statutes governing the licensure and regulation of recreational vehicle dealers by the department of transportation (DOT).

Regulation of mobile and manufactured home parks

Under current law, mobile and manufactured home parks are regulated by DOA and by the municipality in which the park is located. A mobile and manufactured home park is any plot of ground upon which 2 or more mobile or manufactured home units that are occupied for dwelling purposes are located. This bill increases from 2 to 3 the number of mobile or manufactured home units that must be located on a plot of ground before the ground is considered to be a mobile or manufactured home park subject to regulation by DOA and the municipality in which the park is located.

Regulation of manufacturers of manufactured homes

Under current law, manufacturers of manufactured homes are regulated by the department of industry, labor and human relations (DILHR). DILHR is responsible for licensing all manufacturers desiring to sell or distribute for sale manufactured homes in this state. In addition, under current law DILHR is required to do all of the following:

1. Adopt, administer and enforce rules for the safe and sanitary design and construction of manufactured homes that are manufactured, distributed, sold or offered for sale in this state, including rules relating to plumbing in the design and construction of manufactured homes. DILHR's rules may establish standards that are in addition to any standards established by the secretary of housing and urban development under the federal statutes regulating manufactured homes.

2. Review typical construction plans and specifications that manufacturers are required to submit to DILHR for approval, including plans and specifications of plumbing systems used in manufactured homes.

3. Inspect manufacturing facilities, processes, fabrication and assembly of manufactured homes to ensure compliance with the rules promulgated by DILHR relating to the manufacture of manufactured homes.

4. Issue a label for display on a manufactured home that indicates that the manufactured home meets the requirements of the statutes and rules.

5. Establish standards for certification of inspection and testing agencies that inspect manufacturing facilities, processes, fabrication and assembly of manufactured homes and plumbing systems in manufactured homes and that issue labels of approval.

This bill eliminates the requirements that DILHR perform the duties listed in items 1, 2, 4 and 5.

In addition, under current law DILHR must appoint a 5-member advisory committee to review the rules and standards for manufactured homes and recommend to DILHR changes to those rules and standards. This bill eliminates the requirement that DILHR appoint such an advisory committee.

Other

This bill will be referred to the joint survey committee on tax exemptions for a detailed analysis, which will be printed as an appendix to this bill.

For further information see the state and local 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:

AB720, s. 1 Section 1. 16.366 (title) of the statutes is amended to read:

AB720,5,2 16.366 (title) Mobile Manufactured and mobile home park regulation.

AB720, s. 2 Section 2. 16.366 (1) of the statutes is renumbered 16.366 (1r) and amended to read:

AB720,5,7 16.366 (1r) The department shall license and regulate mobile home parks. The department may investigate mobile home parks and, with notice, may enter and inspect private property.

AB720, s. 3 Section 3. 16.366 (1g) of the statutes is created to read:

AB720,5,9 16.366 (1g) In this section:

AB720,5,10 (a) "Manufactured home" has the meaning given in s. 101.91 (2).

AB720,5,11 (b) "Mobile home" has the meaning given in s. 101.91 (1).

AB720,5,13 (c) "Park" means a manufactured and mobile home park, as defined in s. 66.058 (1) (e).

AB720, s. 4 Section 4. 16.366 (2) (a) of the statutes is amended to read:

AB720,6,5 16.366 (2) (a) The department or a village, city or county granted agent status under par. (e) shall issue permits to and regulate mobile home parks. No person, state or local government who has not been issued a permit under this subsection may conduct, maintain, manage or operate a mobile home park.

AB720, s. 5 Section 5. 16.366 (2) (d) of the statutes is amended to read:

AB720,6,19 16.366 (2) (d) A permit may not be issued under this subsection until all applicable fees have been paid. If the payment is by check or other draft drawn upon an account containing insufficient funds, the permit applicant shall, within 15 days after receipt of notice from the department of the insufficiency, pay by cashier's check or other certified draft, money order or cash the fees from the department, late fees and processing charges that are specified by rules promulgated by the department. If the permit applicant fails to pay all applicable fees, late fees and the processing charges within 15 days after the applicant receives notice of the insufficiency, the permit is void. In an appeal concerning voiding of a permit under this paragraph, the burden is on the permit applicant to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the mobile home park in question is considered to be operation without a permit.

AB720, s. 6 Section 6. 16.366 (2m) of the statutes is amended to read:

AB720,6,22 16.366 (2m) (a) The department shall inspect a mobile home park in the following situations:

AB720,6,23 1. Upon completion of the construction of a new mobile home park.

AB720,6,25 2. Whenever a mobile home park is modified, as defined by the department by rule.

AB720,7,1 3. Whenever the department receives a complaint about a mobile home park.

AB720,7,3 (b) The department may, with notice, inspect a mobile home park whenever the department determines an inspection is appropriate.

AB720, s. 7 Section 7. Subchapter X of chapter 16 [precedes 16.995] of the statutes is created to read:

AB720,7,6 Chapter 16

AB720,7,9 Subchapter X Manufactured home and mobile home dealers

AB720,7,10 16.995 Definitions. In this subchapter:

AB720,7,15 (1) "Dealer" means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in manufactured homes or mobile homes or who is engaged wholly or in part in the business of selling manufactured homes or mobile homes, whether or not the manufactured homes or mobile homes are owned by the person, but does not include:

AB720,7,17 (a) A receiver, trustee, administrator, executor, guardian or other person appointed by or acting under the judgment or order of any court.

AB720,7,18 (b) Any public officer while performing that officer's official duty.

AB720,7,19 (c) Any employe of a person enumerated in par. (a) or (b).

AB720,7,20 (d) Any lender as defined in s. 421.301 (22).

AB720,7,24 (e) A person transferring a manufactured home or mobile home registered in that person's name and used for that person's personal, family or household purposes, if the transfer is an occasional sale and is not part of the business of the transferor.

AB720,8,2 (2) "Delivery date" means the date on which a manufactured home or mobile home is physically delivered to the site chosen by the owner.

AB720,8,5 (3) "License period" means the period during which a license issued under s. 16.996 or 16.997 is effective, as established by the licensor under s. 16.996 (2) (b) 1. or 16.997 (2) (b) 1.

AB720,8,6 (4) "Licensor" means the division of housing in the department.

AB720,8,7 (5) "Manufactured home" has the meaning given in s. 101.91 (2).

AB720,8,9 (6) "Manufacturer" means any person within or without this state who manufactures or assembles manufactured homes for sale in this state.

AB720,8,10 (7) "Mobile home" has the meaning given in s. 101.91 (1).

AB720,8,12 (8) "New home" means a manufactured home that has never been occupied, used or sold for personal or business use.

AB720,8,14 (9) "Owner" means any person or lessee thereof who purchases a manufactured home or mobile home primarily for use for personal, family or household purposes.

AB720,8,16 (10) "Salesperson" means any person who is employed by a manufacturer or dealer to sell or lease manufactured homes or mobile homes.

AB720,8,18 (11) "Used home" means a manufactured home or mobile home that has previously been occupied, used or sold for personal or business use.

AB720,8,21 16.996 Dealers regulated. (1) No person may engage in the business of selling manufactured homes or mobile homes to the ultimate consumer or to the retail market in this state unless first licensed to do so by the licensor.

AB720,8,24 (2) (a) Application for a license and renewal license shall be made to the licensor on forms prescribed and furnished by the licensor and shall be accompanied by the license fee required under par. (c) or (d).

AB720,9,2 (b) 1. The licensor shall promulgate rules establishing the license period under this section.

AB720,9,4 2. The licensor may promulgate rules establishing a uniform expiration date for all licenses issued under this section.

AB720,9,7 (c) Except as provided in par. (d), the fee for a license issued under this section equals $50 multiplied by the number of years in the license period. The fee shall be prorated if the license period is not evenly divisible into years.

AB720,9,12 (d) If the licensor issues a license under this section during the license period, the fee for the license shall equal $50 multiplied by the number of calendar years, including parts of calendar years, during which the license remains in effect. A fee determined under this paragraph may not exceed the license fee for the entire license period under par. (c).

AB720,9,19 (3) The licensor shall issue a license only to persons whose character, fitness and financial ability, in the opinion of the licensor, are such as to justify the belief that they can and will deal with and serve the buying public fairly and honestly, will maintain a permanent office and place of business and an adequate service and parts department during the license period, and will abide by the provisions of this subchapter, rules promulgated under this subchapter and orders issued under this subchapter.

AB720,9,21 (5) A licensee shall conduct the licensed business continuously during the license period.

AB720,9,23 (5m) Any person who violates any provision of this section shall be fined not less than $25 nor more than $100 for each offense.

AB720,9,25 (6) The licensor may deny, suspend or revoke a license on the following grounds:

AB720,10,1 (a) Proof of unfitness.

AB720,10,2 (b) Material misstatement in the application for a license.

AB720,10,4 (c) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue.

AB720,10,6 (d) Wilful failure to comply with any provision of this section or any rule promulgated by the licensor under this section.

AB720,10,7 (e) Wilfully defrauding any retail buyer to the buyer's damage.

AB720,10,8 (f) Wilful failure to perform any written agreement with any retail buyer.

AB720,10,9 (g) Failure or refusal to furnish and keep in force any bond required.

AB720,10,10 (h) Having made a fraudulent sale, transaction or repossession.

AB720,10,13 (i) Fraudulent misrepresentation, circumvention or concealment through whatsoever subterfuge or device of any of the material particulars or the nature thereof required under this section to be stated or furnished to the retail buyer.

AB720,10,16 (j) Employment of fraudulent devices, methods or practices in connection with compliance with the statutes with respect to the retaking of goods under retail instalment contracts and the redemption and resale of such goods.

AB720,10,17 (k) Having indulged in any unconscionable practice relating to said business.

AB720,10,19 (m) Having sold a retail instalment contract to a sales finance company not licensed under this section.