AB897,13,2 16101.933 Manufactured housing code council duties. The manufactured
17housing code council shall review this subchapter and rules promulgated under this
18subchapter and recommend a statewide manufactured housing code for
19promulgation by the department. The council shall consider and make
20recommendations to the department pertaining to rules and any other matter
21related to this subchapter, including recommendations with regard to licensure and
22professional discipline of manufacturers of manufactured homes, manufactured
23home dealers, manufactured home salespersons, and installers, and consumer
24protection applicable to consumers of manufactured homes. In making

1recommendations, the council shall consider the likely costs of any proposed rules to
2consumers in relation to the benefits that are likely to result therefrom.
AB897, s. 38 3Section 38. 101.935 (title) of the statutes is amended to read:
AB897,13,4 4101.935 (title) Manufactured home park community regulation.
AB897, s. 39 5Section 39. 101.935 (2) (a) of the statutes is amended to read:
AB897,13,106 101.935 (2) (a) The department or a village, city or county granted agent status
7under par. (e) shall issue permits to and regulate manufactured home parks
8communities. No person, state or local government who has not been issued a permit
9under this subsection may conduct, maintain, manage or operate a manufactured
10home park community.
AB897, s. 40 11Section 40. 101.935 (2) (c) 2. of the statutes is amended to read:
AB897,13,1712 101.935 (2) (c) 2. The department shall establish, by rule under s. 101.19, the
13permit fee and renewal fee for a permit issued under this subsection. Beginning in
14fiscal year 2002-03, the
The department may increase the fees to recover establish
15a fee that defrays
the cost of administering s. 101.937. An additional penalty fee, as
16established by the department by rule under s. 101.19, is required for each permit
17if the biennial renewal fee is not paid before the permit expires.
AB897, s. 41 18Section 41. 101.935 (2) (d) of the statutes is amended to read:
AB897,14,619 101.935 (2) (d) A permit may not be issued under this subsection until all
20applicable fees have been paid. If the payment is by check or other draft drawn upon
21an account containing insufficient funds, the permit applicant shall, within 15 days
22after receipt of notice from the department of the insufficiency, pay by cashier's check
23or other certified draft, money order or cash the fees to the department, late fees and
24processing charges that are specified by rules promulgated by the department. If the
25permit applicant fails to pay all applicable fees, late fees and the processing charges

1within 15 days after the applicant receives notice of the insufficiency, the permit is
2void. In an appeal concerning voiding of a permit under this paragraph, the burden
3is on the permit applicant to show that the entire applicable fees, late fees and
4processing charges have been paid. During any appeal process concerning a
5payment dispute, operation of the manufactured home park community in question
6is considered to be operation without a permit.
AB897, s. 42 7Section 42. 101.935 (2m) of the statutes is amended to read:
AB897,14,98 101.935 (2m) (a) The department shall inspect a manufactured home park
9community in the following situations:
AB897,14,1110 1. Upon completion of the construction of a manufactured home park
11community.
AB897,14,1312 2. Whenever a manufactured home park community is modified, as defined by
13the department by rule.
AB897,14,1514 3. Whenever the department receives a complaint about a manufactured home
15park community.
AB897,14,1716 (b) The department may, with notice, inspect a manufactured home park
17community whenever the department determines an inspection is appropriate.
AB897, s. 43 18Section 43. 101.937 (title), (1) and (2) of the statutes are amended to read:
AB897,15,4 19101.937 (title) Water and sewer service to manufactured home parks
20communities. (1) Rules. The department shall promulgate rules that establish
21standards for providing water or sewer service by a manufactured home park
22community operator or manufactured home park community contractor to a
23manufactured home park community occupant, including requirements for
24metering, billing, depositing, arranging deferred payment, installing service,
25refusing or discontinuing service, and resolving disputes with respect to service.

1Rules promulgated under this subsection shall ensure that any charge for water or
2sewer service is reasonable and not unjustly discriminatory, that the water or sewer
3service is reasonably adequate, and that any practice relating to providing the
4service is just and reasonable.
AB897,15,8 5(2) Permanent improvements. A manufactured home park community
6operator may make a reasonable recovery of capital costs for permanent
7improvements related to the provision of water or sewer service to manufactured
8home park community occupants through ongoing rates for water or sewer service.
AB897, s. 44 9Section 44. 101.937 (3) (a) of the statutes is amended to read:
AB897,15,1410 101.937 (3) (a) On its own motion or upon a complaint filed by a manufactured
11home park community occupant, the department may issue an order or commence
12a civil action against a manufactured home park community operator or
13manufactured home park community contractor to enforce this section, any rule
14promulgated under sub. (1), or any order issued under this paragraph.
AB897, s. 45 15Section 45. 101.94 (2) of the statutes is amended to read:
AB897,15,2216 101.94 (2) No person may manufacture, assemble, distribute or sell a
17manufactured home unless the manufactured home complies with 42 USC 5401 to
185425 and applicable regulations as in effect on June 15, 1976. The department may
19establish, by rule, standards for the safe and sanitary design and construction of
20manufactured homes for the purpose of enforcement of this subchapter, and those
21standards may include standards in addition to any standards established by the
22secretary of housing and urban development under 42 USC 5401 to 5425
.
AB897, s. 46 23Section 46. 101.94 (3) of the statutes is repealed.
AB897, s. 47 24Section 47. 101.94 (4) of the statutes is repealed.
AB897, s. 48 25Section 48. 101.94 (5) of the statutes is repealed.
AB897, s. 49
1Section 49. 101.94 (6) of the statutes is amended to read:
AB897,16,42 101.94 (6) Fees for review of plans, construction inspections, department labels
3and
licensing of manufacturers shall be established by department rule under s.
4101.19.
AB897, s. 50 5Section 50. 101.951 (2) (a) of the statutes is amended to read:
AB897,16,86 101.951 (2) (a) Application for a license or a renewal license shall be made to
7the department on forms prescribed and furnished by the department, accompanied
8by the license fee required under par. (c) or (d) (bm).
AB897, s. 51 9Section 51. 101.951 (2) (bm) of the statutes is created to read:
AB897,16,1110 101.951 (2) (bm) Fees for licensing of persons under this section shall be
11established by the department by rule under s. 101.19.
AB897, s. 52 12Section 52. 101.951 (2) (c) of the statutes is repealed.
AB897, s. 53 13Section 53. 101.951 (2) (d) of the statutes is repealed.
AB897, s. 54 14Section 54. 101.952 (2) (a) of the statutes is amended to read:
AB897,16,2015 101.952 (2) (a) Applications for a manufactured home salesperson's license and
16renewals thereof shall be made to the department on such forms as the department
17prescribes and furnishes and shall be accompanied by the license fee required under
18par. (c) or (d) (bm). The application shall include the applicant's social security
19number. In addition, the application shall require such pertinent information as the
20department requires.
AB897, s. 55 21Section 55. 101.952 (2) (bm) of the statutes is created to read:
AB897,16,2322 101.952 (2) (bm) Fees for licensing of manufactured home salespersons shall
23be established by the department by rule under s. 101.19.
AB897, s. 56 24Section 56. 101.952 (2) (c) of the statutes is repealed.
AB897, s. 57 25Section 57. 101.952 (2) (d) of the statutes is repealed.
AB897, s. 58
1Section 58. 101.957 of the statutes is created to read:
AB897,17,18 2101.957 Nonjudicial resolution of manufactured housing industry
3disputes.
The department, by rule, shall establish an alternative dispute resolution
4program for the timely resolution of any dispute that concerns a defect in a
5manufactured home, or in the installation of a manufactured home, reported to the
6department within one year of the date on which the manufactured home was
7installed and that occurs between parties each of which is a manufacturer of
8manufactured homes, manufactured home salesperson, manufactured home dealer,
9or installer. Each party to a dispute that is covered by the rules shall submit to the
10alternative dispute resolution program before commencing any action arising out of
11the dispute against any other party to the dispute. The rules shall facilitate the
12informal resolution of disputes, except that, if informal resolution is not obtained in
13a timely manner and at least one of the parties to the dispute so requests in writing,
14the department shall hold a contested case hearing under ch. 227 and issue an order
15directing any party that the department finds responsible for the defect at issue in
16the dispute to remedy the defect. This section does not affect the rights of any
17consumer to commence an action or the rights of any person to commence an action
18against a consumer.
AB897, s. 59 19Section 59. 101.96 of the statutes is created to read:
AB897,17,24 20101.96 Manufactured home installation regulated. (1) Installation
21standards.
(a) Promulgation of standards. The department shall, by rule, establish
22installation standards for the safe installation of manufactured homes in this state.
23In promulgating rules under this paragraph, the department shall consider the
24recommendations of the manufactured housing code council under s. 101.933.
AB897,18,9
1(b) Enforcement of standards. The department shall, by rule, establish a
2method for ensuring compliance with the rules promulgated under par. (a). The
3department shall require 3rd-party inspections of manufactured home
4installations. Each 3rd-party inspector shall complete, to the satisfaction of the
5department, an examination that meets the criteria under sub. (2) (b) 3. An
6individual may not serve as a 3rd-party inspector if the individual is, employed by,
7or is an independent contractor of a manufactured home manufacturer,
8manufactured home salesperson, or installer who was directly involved in the sale
9of the particular manufactured home.
AB897,18,19 10(2) Manufactured home installers. (a) License required; exceptions; liability.
11Except as otherwise provided in this paragraph, no person may act as an installer
12in this state unless the person is a licensed installer or employs one or more licensed
13installers to generally supervise each of the person's installations of manufactured
14homes in this state. This requirement does not apply to an individual who installs
15a manufactured home on his or her own property for his or her personal use or to an
16individual who installs a manufactured home under the general supervision of a
17licensed installer. A licensed installer is liable for all acts and omissions related to
18the installation of each individual who performs an installation under the licensed
19installer's general supervision.
AB897,18,2120 (b) License eligibility. The department may issue an installer's license only to
21an individual to whom all of the following apply:
AB897,18,2222 1. The individual is at least 18 years old.
AB897,18,2423 2. The individual files with the department a license application on a form
24prescribed by the department.
AB897,19,4
13. The individual completes, to the satisfaction of the department, an
2examination approved by the department that tests the skills necessary to properly
3install manufactured homes and knowledge of the laws applicable to manufactured
4home installation.
AB897,19,75 4. The individual has not been found responsible in any judicial or
6administrative forum for any violation of this section during the 2 years before the
7date on which the individual's license application is submitted.
AB897,19,128 5. The individual has not been found responsible in any judicial or
9administrative forum during the 2 years before the date on which the individual's
10license application is submitted for any failure to perform an installation of a
11manufactured home as required under contract or for defrauding any person with
12regard to the provision of installation services.
AB897,19,1413 6. The individual meets the standards of financial responsibility established
14by rule of the department.
AB897,19,1915 (c) License term and fee. The department, by rule under sub. (1) (b), shall
16establish the term of installers' licenses and the conditions under which the
17department may revoke or suspend installers' licenses. The department shall
18establish an initial installer's license fee and license renewal fee by rule under s.
19101.19.
AB897,19,22 20(3) Municipal authority. (a) Authority limited. No city, village, town, or county
21may enact an ordinance or adopt a resolution regulating a matter governed by this
22section or by a rule promulgated under this section.
AB897,20,223 (b) Retroactive effect. If a city, village, town, or county has in effect on the
24effective date of this paragraph .... [revisor inserts date], an ordinance or resolution

1that is inconsistent with par. (a), the ordinance or resolution does not apply and may
2not be enforced.
AB897, s. 60 3Section 60. 101.965 (1p) of the statutes is created to read:
AB897,20,64 101.965 (1p) Any person who violates s. 101.96 or any rule promulgated under
5that section may be required to forfeit not less than $25 nor more than $500 for each
6violation. Each day of continued violation constitutes a separate violation.
AB897, s. 61 7Section 61. 101.965 (1t) of the statutes is created to read:
AB897,20,108 101.965 (1t) Upon request of the department, the attorney general may
9commence an action in a court of competent jurisdiction to enjoin any installer from
10installing a manufactured home in violation of s. 101.96 (2).
AB897, s. 62 11Section 62. 560.285 of the statutes is created to read:
AB897,20,14 12560.285 Manufactured housing rehabilitation and recycling. (1)
13Definition. In this section, "manufactured home" has the meaning given in s. 101.91
14(2).
AB897,20,18 15(2) Grant program. (a) The department may make grants under this section
16to provide financial assistance to persons engaged in the disposal of abandoned
17manufactured homes and to municipalities, for the purpose of supporting
18environmentally sound disposal practices.
AB897,20,2219 (b) The department may make grants under this section to provide financial
20assistance to individuals who reside in manufactured homes that are in need of
21critical repairs. An individual is eligible for a grant under this paragraph only if the
22individual is otherwise unable to finance the critical repairs.
AB897,21,4 23(3) Administration. The department shall contract with one or more entities
24that are exempt from taxation under section 501 (a) of the Internal Revenue Code
25and that employ individuals with technical expertise concerning manufactured

1housing for the administration of the grant program under this section. The
2department shall promulgate rules to establish the grant program under this
3section. To the extent feasible, the department shall coordinate the program under
4this section with the state housing strategy plan under s. 560.9802.
AB897, s. 63 5Section 63 . Nonstatutory provisions.
AB897,21,106 (1) Proposed rules. No later than the first day of the 12th month beginning
7after the effective date of this subsection, the department of commerce shall submit
8in proposed form the rules required under sections 101.9205 (3), 101.9208, 101.9213
9(8), 101.951 (2) (bm), 101.952 (2) (bm), and 101.96 of the statutes, as affected by this
10act, to the legislative council staff under section 227.15 (1) of the statutes.
AB897,21,1911 (2) Initial members of manufactured housing code council. Notwithstanding
12the length of terms specified for the manufactured housing code council under
13section 15.157 (13) (a) of the statutes, as created by this act, the initial members
14appointed under section 15.157 (13) (a) 1. and 2. of the statutes, as created by this
15act, shall be appointed for terms that expire on July 1, 2004; the initial members
16appointed under section 15.157 (13) (a) 3. and 4. of the statutes, as created by this
17act, shall be appointed for terms that expire on July 1, 2005; and the remaining initial
18members appointed under section 15.157 (13) (a) 5. to 7. of the statutes, as created
19by this act, shall be appointed for terms that expire on July 1, 2006.
AB897,21,2420 (3) Department of commerce position decrease. The authorized FTE positions
21for the department of commerce are decreased by 1.6 SEG positions, funded from the
22appropriation under section 20.143 (3) (sa) of the statutes, as affected by this act, for
23the performance of duties primarily related to the administration of subchapter V of
24chapter 101 of the statutes.
AB897,22,5
1(4) Department of commerce position increase. The authorized FTE positions
2for the department of commerce are increased by 1.6 PR positions, funded from the
3appropriation under section 20.143 (3) (j) of the statutes, as affected by this act, for
4the performance of duties primarily related to the administration of subchapter V of
5chapter 101 of the statutes.
AB897,22,106 (5) Appropriation transfer. Immediately before the effective date of this
7subsection, the unencumbered balance in the account for the appropriation to the
8department of commerce under section 20.143 (3) (sa) of the statutes, as affected by
9this act, is transferred to the appropriation account under section 20.143 (3) (j) of the
10statutes, as affected by this act.
AB897, s. 64 11Section 64. Effective dates. This act takes effect on the first day of the 18th
12month beginning after publication or December 1, 2005, whichever occurs first,
13except as follows:
AB897,22,1514 (1) Proposed rules. Section 63 (1) of this act takes effect on the day after
15publication.
AB897,22,1616 (End)
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