AB519: Bill Text

LRB-1508/1

MJL:kaf:jf

1997 - 1998 LEGISLATURE

1997 Assembly BILL 519

September 16, 1997 - Introduced by Representatives Nass, Ladwig, Hasenohrl, Seratti, Freese, Ward, Dobyns, Goetsch, Ainsworth, Kelso, Olsen, Green, Schafer and Vrakas, cosponsored by Senators Fitzgerald, Roessler, Shibilski, Huelsman and Rude. Referred to Joint survey committee on Tax Exemptions.

AB519,3,7 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), 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) (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., 59.69 (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) 1. (intro.), a., c. and d., 66.058 (3) (c) 2., 66.058 (3) (c) 5. and 6., 66.058 (3) (c) 7., 66.058 (3) (c) 8., 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, 66.069 (1) (b), 66.071 (1) (e), 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), 101.91 (intro.), 101.91 (3), 101.92 (3), 101.92 (4), 101.92 (7), 101.92 (8), 101.94 (2), 101.94 (6), 101.94 (7), 101.95, 106.04 (1m) (L), 138.052 (1) (b), 138.056 (1) (b), 138.056 (1) (c), 138.056 (1) (d), 138.056 (3) (a), 214.485 (10), 215.205 (1), 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), 285.01 (9m), 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), 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), 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

Current law provides several different definitions of the term "mobile home" and of the term "manufactured home". Also, current law often uses "mobile home" 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. By doing the following, this bill creates a single definition for "mobile home" and a single definition for "manufactured home":

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, 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, 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 these 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 current use of "mobile home" 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.

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 commerce, which is responsible for licensing all manufacturers desiring to sell or distribute for sale manufactured homes in this state. In addition, under current law the department of commerce 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. The department'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 the department 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 the department 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 the department of commerce perform the duties listed in items 1, 2, 4 and 5.

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

AB519, s. 1 Section 1. 16.366 (title) of the statutes is amended to read:

AB519,5,2 16.366 (title) Mobile Manufactured and mobile home park regulation.

AB519, s. 2 Section 2. 16.366 (1) of the statutes is renumbered 16.366 (1r) and amended to read:

AB519,5,7 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.

AB519, s. 3 Section 3. 16.366 (1g) of the statutes is created to read:

AB519,5,9 16.366 (1g) In this section:

AB519,5,10 (a) "Manufactured home" has the meaning given in s. 101.91 (2).

AB519,6,1 (b) "Mobile home" has the meaning given in s. 101.91 (1).

AB519,6,3 (c) "Park" means a manufactured and mobile home park, as defined in s. 66.058 (1) (e).

AB519, s. 4 Section 4. 16.366 (2) (a) of the statutes is amended to read:

AB519,6,8 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.

AB519, s. 5 Section 5. 16.366 (2) (d) of the statutes is amended to read:

AB519,6,22 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.

AB519, s. 6 Section 6. 16.366 (2m) of the statutes is amended to read:

AB519,6,25 16.366 (2m) (a) The department shall inspect a mobile home park in the following situations:

AB519,7,1 1. Upon completion of the construction of a new mobile home park.

AB519,7,3 2. Whenever a mobile home park is modified, as defined by the department by rule.

AB519,7,4 3. Whenever the department receives a complaint about a mobile home park.