AB720: Bill Text

AB720,62,23 347.47 (4) Trailer, semitrailer and travel trailer, mobile home and manufactured home couplings and the safety chains, leveling bars or cables shall be of such minimum strength, design and type as established by published rule of the department.

AB720, s. 189 Section 189. 348.05 (2) (i) of the statutes is amended to read:

AB720,63,2 348.05 (2) (i) A realistic body width of 8 feet 6 inches for mobile homes and manufactured homes.

AB720, s. 190 Section 190. 348.06 (1) of the statutes is amended to read:

AB720,63,6 348.06 (1) No person, without a permit therefor, shall operate on a highway any motor vehicle, mobile home, manufactured home, trailer or semitrailer having an overall height in excess of 13 1/2 feet, except as otherwise provided in sub. (2).

AB720, s. 191 Section 191. 348.07 (2) (c) of the statutes is amended to read:

AB720,63,8 348.07 (2) (c) 45 feet for mobile homes and manufactured homes;

AB720, s. 192 Section 192. 348.07 (3) (a) of the statutes is amended to read:

AB720,63,11 348.07 (3) (a) The overall length of a mobile home or manufactured home shall be measured from the rear thereof to the rear of the vehicle to which it is attached.

AB720, s. 193 Section 193. 348.10 (5) (a) of the statutes is amended to read:

AB720,63,18 348.10 (5) (a) All items of load carried by any trailer, semitrailer or travel trailer, mobile home or manufactured home, except bulk material such as sand, gravel, dirt not in containers, shall be secured to, on or in the trailer, semitrailer, travel trailer, mobile home or manufactured home in such manner as to prevent shifting of the load while the trailer or, semitrailer, travel trailer, mobile home or manufactured home is being drawn by a towing vehicle.

AB720, s. 194 Section 194. 348.10 (5) (c) of the statutes is amended to read:

AB720,63,23 348.10 (5) (c) The load carried by any trailer, semitrailer or travel trailer, mobile home or manufactured home shall be so positioned that a weight of not less than 35 pounds is imposed at the center of the point of attachment to the towing vehicle when parked on a level surface.

AB720, s. 195 Section 195. 348.25 (6) of the statutes is amended to read:

AB720,64,8 348.25 (6) The officer or agency authorized by s. 348.26 or 348.27 to issue permits may require the permittee to file proof satisfactory to such officer or agency that personal injury and property damage insurance in an amount considered sufficient by such officer or agency will be in force to cover any claim for bodily injury or property damage which may occur in connection with operation under the permit and for which the permittee is legally responsible. Proof of such insurance shall be required in the case of annual permits for transportation of oversize mobile homes or manufactured homes.

AB720, s. 196 Section 196. 348.26 (4) of the statutes is amended to read:

AB720,64,13 348.26 (4) (title) Mobile home and manufactured home permits. Single trip permits for the movement of oversize mobile homes or manufactured homes may be issued only by the department, regardless of the highways to be used. Every such permit shall designate the route to be used by the permittee.

AB720, s. 197 Section 197. 348.27 (7) of the statutes is amended to read:

AB720,64,20 348.27 (7) (title) Mobile home and manufactured home permits. The department may issue annual or consecutive month statewide permits to licensed mobile home or manufactured home transport companies and to licensed mobile home or manufactured home manufacturers and dealers authorizing them to transport oversize mobile homes or manufactured homes over any of the highways of the state in the ordinary course of their business.

AB720, s. 198 Section 198. 348.27 (7m) of the statutes is amended to read:

AB720,65,10 348.27 (7m) Three-vehicle combinations. The department may issue an annual or consecutive month permit for the movement of a 3-vehicle combination consisting of a towing vehicle and, in order by weight, with the lighter of the towed vehicles as the 3rd vehicle in the 3-vehicle combination unless not structurally possible, a mobile home, travel trailer or camping trailer and a boat trailer, motorcycle trailer, personal watercraft trailer or all-terrain vehicle trailer, if the overall length of the combination of vehicles does not exceed 60 feet and the towed vehicles are for the use of the operator of the towing vehicle. A permit under this subsection may be issued only by the department, regardless of the highways to be used. The department may designate the routes that may be used by the permittee. The fee for an annual permit under this subsection is $40. The fee for a consecutive month permit under this subsection shall be determined in the manner provided in s. 348.25 (8) (bm), except that the $40 fee for an annual permit under this subsection shall be used in the computation.

AB720, s. 199 Section 199. 349.03 (2) of the statutes is amended to read:

AB720,65,18 349.03 (2) No local authority may enact or enforce any traffic regulation providing for suspension or revocation of motor vehicle operator's licenses or requiring local registration of vehicles, except as authorized by s. 341.35, or in any manner excluding or prohibiting any motor vehicle, mobile home, manufactured home, trailer, travel trailer or semitrailer whose owner has complied with chs. 341 to 348 from the free use of all highways, except as authorized by sub. (3) and ss. 66.046 (1) and (3), 349.13, 349.17, 349.22 and 349.23.

AB720, s. 200 Section 200. 422.201 (12m) of the statutes is amended to read:

AB720,65,23 422.201 (12m) This section does not apply to consumer credit sales of or consumer loans secured by a first lien on or equivalent security interest in mobile homes or manufactured homes as defined in s. 218.10 (2) 101.91, if the sales or loans are made on or after November 1, 1981.

AB720, s. 201 Section 201. 422.202 (2) (intro.) of the statutes is amended to read:

AB720,66,7 422.202 (2) (intro.) With respect to a consumer credit transaction which involves a mobile manufactured home transaction as defined in s. 138.056 (1) (c) or the extension of credit secured by an interest in real property, the parties may agree to the payment by the customer of the following charges in addition to the finance charge, if they will be paid to persons not related to the merchant, are reasonable in amount, bona fide and not for the purpose of circumvention or evasion of this subchapter:

AB720, s. 202 Section 202. 422.209 (6m) of the statutes is amended to read:

AB720,66,15 422.209 (6m) For purpose of this section, the finance charge in a mobile manufactured home transaction as defined in s. 138.056 (1) (c) does not include fees, discounts, or other sums actually imposed by the government national mortgage association, the federal national mortgage association, the federal home loan mortgage corporation or other governmentally sponsored secondary mortgage market purchaser of the loan or any private secondary mortgage market purchaser of the loan who is not a person related to the original lender.

AB720, s. 203 Section 203. 422.402 (5) (intro.) of the statutes is amended to read:

AB720,66,19 422.402 (5) (intro.) This section does not apply to a mobile manufactured home transaction as defined in s. 138.056 (1) (c) made on or after November 1, 1981 and before November 1, 1984, if:

AB720, s. 204 Section 204. 422.402 (5) (b) of the statutes is amended to read:

AB720,66,25 422.402 (5) (b) The unequal or irregular payment is the final scheduled payment of the transaction, and the merchant agrees to refinance the final scheduled payment at a rate of interest not in excess of the rate disclosed pursuant to subch. III of ch. 422 by more than one percent multiplied by the number of 6-month periods in the term of the immediately prior mobile manufactured home transaction.

AB720, s. 205 Section 205. 422.413 (2g) (intro.) of the statutes is amended to read:

AB720,67,7 422.413 (2g) (intro.) In any consumer credit transaction in which the collateral is a motor vehicle as defined in s. 340.01 (35), a trailer as defined in s. 340.01 (71), a snowmobile as defined in s. 340.01 (58a), a boat as defined in s. 30.50 (2), an aircraft as defined in s. 114.002 (3), or a mobile home or manufactured home as defined in s. 218.10 (2) 101.91, a writing evidencing the transaction may provide for the creditor's recovery of all of the following expenses, if the expenses are reasonable and bona fide:

AB720, s. 206 Section 206. 424.301 (1) (b) 1 of the statutes is amended to read:

AB720,67,10 424.301 (1) (b) 1. The actual cash value or stated value of any motor vehicle or, mobile home or manufactured home in which the creditor holds a security interest.

AB720, s. 207 Section 207. 707.02 (4) of the statutes is amended to read:

AB720,67,16 707.02 (4) "Campground" means real property that is available for use by campground members under a campground contract and is intended for camping or outdoor recreation, including the use of campsites and campground amenities by campground members, but does not include a manufactured and mobile home park as defined in s. 66.058 (1) (e).

AB720, s. 208 Section 208. 710.15 (title) of the statutes is amended to read:

AB720,67,18 710.15 (title) Mobile Manufactured and mobile home park regulations.

AB720, s. 209 Section 209. 710.15 (1) (a) of the statutes is amended to read:

AB720,67,23 710.15 (1) (a) "Lease" means a written agreement between an operator and a resident or mobile home occupant establishing the terms upon which the mobile home or manufactured home may be located in the park or the mobile home occupant may occupy a mobile home or manufactured home in the park.

AB720, s. 210 Section 210. 710.15 (1) (am) of the statutes is created to read:

AB720,67,25 710.15 (1) (am) "Manufactured home" has the meaning given in s. 101.91 (2).

AB720, s. 211 Section 211. 710.15 (1) (b) of the statutes is amended to read:

AB720,68,4 710.15 (1) (b) "Mobile home" has the meaning given under s. 66.058 (1) (d) 101.91 (1) but does not include any unit used primarily for camping, touring or recreational purposes a travel trailer, as defined in s. 340.01 (72r).

AB720, s. 212 Section 212. 710.15 (1) (c) of the statutes is amended to read:

AB720,68,7 710.15 (1) (c) "Mobile home occupant "Occupant" means a person who rents a mobile home or manufactured home in a park from an operator.

AB720, s. 213 Section 213. 710.15 (1) (d) of the statutes is amended to read:

AB720,68,11 710.15 (1) (d) "Operator" means a person engaged in the business of renting plots of ground or mobile homes or manufactured homes in a park to mobile home or manufactured home owners or mobile home occupants.

AB720, s. 214 Section 214. 710.15 (1) (e) of the statutes is amended to read:

AB720,68,15 710.15 (1) (e) "Park" means a tract of land containing 2 3 or more plots of ground upon which mobile homes or manufactured homes or both are located in exchange for the payment of rent or any other fee pursuant to a lease.

AB720, s. 215 Section 215. 710.15 (1) (f) of the statutes is amended to read:

AB720,68,18 710.15 (1) (f) "Resident" means a person who rents a mobile home or manufactured home site in a park from an operator.

AB720, s. 216 Section 216. 710.15 (1m) of the statutes is amended to read:

AB720,68,24 710.15 (1m) Requirement and term of lease. Every agreement for the rental of a mobile home or manufactured home site or a mobile home or manufactured home shall be by lease. Every lease shall be for a term of at least one year unless the resident or mobile home occupant requests a shorter term and the operator agrees to the shorter term.

AB720, s. 217 Section 217. 710.15 (2) of the statutes is amended to read:

AB720,69,3 710.15 (2) Rules included in lease. All park rules that substantially affect the rights or duties of residents or mobile home occupants or of operators, including park rules under sub. (2m) (b), shall be made a part of every lease between them.

AB720, s. 218 Section 218. 710.15 (3) (a) of the statutes is amended to read:

AB720,69,8 710.15 (3) (a) An operator may not deny a resident the opportunity to enter into or renew, and may not include, exclude or alter any terms of, a lease to continue to locate a mobile home or manufactured home in the park solely or in any part on the basis of the age of the mobile home or manufactured home.

AB720, s. 219 Section 219. 710.15 (3) (b) of the statutes is amended to read:

AB720,69,13 710.15 (3) (b) An operator may not require the removal of a mobile home or manufactured home from a park solely or in any part on the basis of the age of the mobile home or manufactured home, regardless of whether the ownership or occupancy of the mobile home or manufactured home has changed or will change.

AB720, s. 220 Section 220. 710.15 (4) of the statutes is amended to read:

AB720,69,20 710.15 (4) (title) Prohibited consideration of change in ownership or occupancy of mobile home or manufactured home. An operator may not require the removal of a mobile home or manufactured home from a park solely or in any part because the ownership or occupancy of the mobile home or manufactured home has changed or will change. An operator may refuse to enter into an initial lease with a prospective resident or mobile home occupant for any other lawful reason.

AB720, s. 221 Section 221. 710.15 (4m) of the statutes is amended to read:

AB720,69,24 710.15 (4m) No interest in real estate; screening permitted. Neither sub. (3) (b) nor sub. (4) creates or extends any interest in real estate or prohibits the lawful screening of prospective residents and mobile home occupants by an operator.

AB720, s. 222 Section 222. 710.15 (5m) (intro.) of the statutes is amended to read:

AB720,70,4 710.15 (5m) Termination of tenancy or nonrenewal of lease. (intro.) Notwithstanding ss. 704.17 and 704.19, the tenancy of a resident or mobile home occupant in a park may not be terminated, nor may the renewal of the lease be denied by the park operator, except upon any of the following grounds:

AB720, s. 223 Section 223. 710.15 (5m) (e) of the statutes is amended to read:

AB720,70,9 710.15 (5m) (e) Violation of park rules that endangers the health or safety of others or disrupts the right to the peaceful enjoyment and use of the premises by others, after written notice to cease the violation has been delivered to the resident or mobile home occupant.

AB720, s. 224 Section 224. 710.15 (5m) (em) of the statutes is amended to read:

AB720,70,13 710.15 (5m) (em) Violation of federal, state or local laws, rules or ordinances relating to mobile homes or manufactured homes after written notice to cease the violation has been delivered to the resident or mobile home occupant.

AB720, s. 225 Section 225. 710.15 (5m) (h) of the statutes is amended to read:

AB720,70,18 710.15 (5m) (h) The physical condition of the mobile home or manufactured home presents a threat to the health or safety of its occupants or others in the park or, by its physical appearance, disrupts the right to the enjoyment and use of the park by others.

AB720, s. 226 Section 226. 779.85 (6) of the statutes is amended to read:

AB720,71,3 779.85 (6) "Prepayment" means any full or partial payment received by a seller or an obligation incurred by a customer to a creditor or to a seller or to a seller's assignee for maintenance to be performed by a seller if payment is made before the maintenance is rendered or received. This term does not include prepayment for maintenance under an insurance policy. Except with regard to a warranty under s. 218.14 16.998, this term does not include prepayment for maintenance to be provided under a manufacturer's warranty on goods or maintenance unless there is a prepayment made for maintenance to be rendered under the warranty separate from the payment for the goods themselves.

AB720, s. 227 Section 227. 852.09 (2) of the statutes is amended to read:

AB720,71,21 852.09 (2) Home means any dwelling in the estate of the decedent which at the time of the decedent's death the surviving spouse occupies or intends to occupy; if there are several such dwellings, any one may be selected by the surviving spouse. It includes but is not limited to any of the following: a house, a mobile home, a manufactured home, a duplex or multiple apartment building one unit of which is occupied by the surviving spouse, or a building used in part for a dwelling and in part for commercial or business purposes. The home includes all of the surrounding land, unless the court in its discretion sets off part of the land as severable from the remaining land. On petition of the surviving spouse or of any interested person that part of the land is not necessary for dwelling purposes and that it would be inappropriate to assign all of the surrounding land as the home, the court may set off for the home so much of the land as is necessary for a dwelling. In determining whether to allow a division of the land and in determining how much land should be set off, the court shall take into account the use and marketability of the parcels set off as the home and the remaining land. The court shall deny a petition for division unless division is clearly appropriate under the circumstances and can be made without prejudice to the rights of all persons interested in the estate.

AB720, s. 228 Section 228. 941.20 (1) (d) of the statutes is amended to read:

AB720,72,3 941.20 (1) (d) While on the lands of another discharges a firearm within 100 yards of any building devoted to human occupancy situated on and attached to the lands of another without the express permission of the owner or occupant of the building. "Building" as used in this paragraph includes any house trailer or, mobile home or manufactured home but does not include any tent, bus, truck, vehicle or similar portable unit.

AB720, s. 229 Section 229. 943.10 (1) (am) of the statutes is created to read:

AB720,72,5 943.10 (1) (am) A mobile home or manufactured home; or

AB720, s. 230 Section 230. 943.10 (1) (e) of the statutes is amended to read:

AB720,72,8 943.10 (1) (e) A motor home or other motorized type of home or a trailer home, whether or not any person is living in any such home; or

AB720, s. 231 Section 231. 990.01 (14) of the statutes is amended to read:

AB720,72,16 990.01 (14) Homestead exemption. "Exempt homestead" means the dwelling, including a building, condominium, mobile home, manufactured home, house trailer or cooperative, and so much of the land surrounding it as is reasonably necessary for its use as a home, but not less than 0.25 acre, if available, and not exceeding 40 acres, within the limitation as to value under s. 815.20, except as to liens attaching or rights of devisees or heirs of persons dying before the effective date of any increase of that limitation as to value.

AB720, s. 232 Section 232. Effective dates. This act takes effect on the day after publication, except as follows:

AB720,72,20 (1)  The amendment of sections 16.998 (1) (a) and 16.9995 of the statutes takes effect on July 1, 1996.