AB519: Bill Text

AB519,10,12 (f) Wilful failure to perform any written agreement with any retail buyer.

AB519,10,13 (g) Failure or refusal to furnish and keep in force any bond required.

AB519,10,14 (h) Having made a fraudulent sale, transaction or repossession.

AB519,10,17 (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.

AB519,10,20 (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.

AB519,10,21 (k) Having indulged in any unconscionable practice relating to said business.

AB519,10,23 (m) Having sold a retail instalment contract to a sales finance company not licensed under this section.

AB519,10,25 (n) Having violated any law relating to the sale, distribution or financing of manufactured homes or mobile homes.

AB519,11,5 (7) (a) The licensor may, without notice, deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Within 30 days after receiving the notice, the applicant may petition the department to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness.

AB519,11,14 (b) No license may be suspended or revoked except after a hearing thereon. The licensor shall give the licensee at least 5 days' notice of the time and place of the hearing. Following the hearing, an order suspending or revoking the license shall not be effective until after 10 days' written notice to the licensee of the suspension or revocation, except that the licensor, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the licensor shall be heard and decided upon by the department.

AB519,11,18 (c) The licensor may inspect the pertinent books, records, letters and contracts of a licensee. The actual cost of each inspection shall be paid by the licensee within 30 days after demand therefor by the licensor, and the licensor may maintain an action for the recovery of the costs in any court of competent jurisdiction.

AB519,11,23 16.997 Salespersons 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 without a license therefor from the licensor. If a dealer acts as a salesperson, the dealer shall secure a salesperson's license in addition to a dealer's license under s. 16.996.

AB519,12,2 (2) (a) Application for a salesperson's 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). The application shall require such pertinent information as the licensor requires.

AB519,12,4 (b) 1. The licensor shall promulgate rules establishing the license period under this section.

AB519,12,6 2. The licensor may promulgate rules establishing a uniform expiration date for all licenses issued under this section.

AB519,12,9 (c) Except as provided in par. (d), the fee for a license issued under this section equals $4 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.

AB519,12,14 (d) If the licensor issues a license under this section during the license period, the fee for the license shall equal $4 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).

AB519,12,19 (3) Every licensee shall carry his or her license when engaged in his or her business and display the license upon request. The license shall name his or her employer, and in case of a change of employer, the salesperson shall immediately mail his or her license to the licensor who shall, without charge, endorse the change on the license and immediately return the license to the salesperson.

AB519,12,22 (5) Section 16.996 (6) as it applies to the denial, suspension and revocation of a dealer's license applies to the denial, suspension and revocation of a salesperson's license so far as applicable.

AB519,12,24 (6) Any person aggrieved by a decision of the licensor may have a review of the decision as provided in ch. 227.

AB519,13,6 16.998 Warranty and disclosure. (1) A one-year written warranty is required for every new home sold or leased by a manufacturer, dealer or salesperson in this state, and for every new home sold by any person who induces a resident of the state to enter into the transaction by personal solicitation in this state or by mail or telephone solicitation directed to the particular customer in this state. The warranty shall contain the following terms:

AB519,13,9 (a) That the new home meets those standards prescribed by law or administrative rule of the department or of the department of commerce, which are in effect at the time of its manufacture.

AB519,13,12 (b) That the new home is free from defects in material and workmanship and is reasonably fit for human habitation if it receives reasonable care and maintenance as defined by rule of the department.

AB519,13,20 (c) 1. That the new home manufacturer and dealer shall take corrective action for defects which become evident within one year after the delivery date and as to which the new home owner has given notice to the manufacturer or dealer not later than one year and 10 days after the delivery date and at the address set forth in the warranty; and that the new home manufacturer and dealer shall make the appropriate adjustments and repairs, within 30 days after notification of the defect, at the site of the new home without charge to the new home owner. If the dealer makes the adjustment, the manufacturer shall fully reimburse the dealer.

AB519,14,4 2. If a repair, replacement, substitution or alteration is made under the warranty and it is discovered, before or after expiration of the warranty period, that the repair, replacement, substitution or alteration has not restored the new home to the condition in which it was warranted except for reasonable wear and tear, such failure shall be deemed a violation of the warranty and the new home shall be restored to the condition in which it was warranted to be at the time of the sale except for reasonable wear and tear, at no cost to the purchaser or the purchaser's assignee notwithstanding that the additional repair may occur after the expiration of the warranty period.

AB519,14,7 (d) That if during any period of time after notification of a defect, the new home is uninhabitable, as defined by rule of the department, that period of time shall not be considered part of the one-year warranty period.

AB519,14,8 (e) A list of all parts and equipment not covered by the warranty.

AB519,14,10 (2) Action by a lessee to enforce the lessee's rights under this subchapter shall not be grounds for termination of the rental agreement.

AB519,14,18 (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.

AB519,14,23 (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.

AB519,15,3 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.

AB519,15,5 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.

AB519,15,11 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 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.

AB519,15,19 (2) The 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 department of financial institutions shall keep a record of all such processes and notices, which record shall show the day and hour of service.

AB519,15,22 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.

AB519,15,25 (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.

AB519,16,5 (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.

AB519, s. 8 Section 8. 20.505 (7) (jf) of the statutes is amended to read:

AB519,16,10 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.

AB519, s. 9 Section 9. 20.505 (7) (ji) of the statutes is amended to read:

AB519,16,16 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.

AB519, s. 10 Section 10. 30.40 (5) of the statutes is created to read:

AB519,16,18 30.40 (5) "Manufactured home" has the meaning given in s. 101.91 (2).

AB519, s. 11 Section 11. 30.40 (6) of the statutes is amended to read:

AB519,16,23 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).

AB519, s. 12 Section 12. 30.44 (1) (title) of the statutes is amended to read:

AB519,16,25 30.44 (1) (title) Structures; manufactured homes and mobile homes.

AB519, s. 13 Section 13. 30.44 (1) (b) 2. of the statutes is amended to read:

AB519,17,3 30.44 (1) (b) 2. Placement or replacement of a manufactured home or mobile home.

AB519, s. 14 Section 14. 30.44 (1) (b) 3. of the statutes is amended to read:

AB519,17,6 30.44 (1) (b) 3. Modification of a structure or a, manufactured home or mobile home.

AB519, s. 15 Section 15. 30.44 (1) (b) 5. of the statutes is amended to read:

AB519,17,9 30.44 (1) (b) 5. Repair of a manufactured home or mobile home unless exempt under par. (g).

AB519, s. 16 Section 16. 30.44 (1) (c) 1. of the statutes is amended to read:

AB519,17,12 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.

AB519, s. 17 Section 17. 30.44 (1) (c) 2. of the statutes is amended to read:

AB519,17,16 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.

AB519, s. 18 Section 18. 30.44 (1) (e) of the statutes is amended to read:

AB519,17,19 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.

AB519, s. 19 Section 19. 30.44 (1) (g) (intro.) of the statutes is amended to read:

AB519,17,23 30.44 (1) (g) (intro.) Paragraphs (b) to (f) 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:

AB519, s. 20 Section 20. 30.44 (1) (g) 2. of the statutes is amended to read:

AB519,18,3 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.

AB519, s. 21 Section 21. 32.19 (4) (a) (intro.) of the statutes is amended to read:

AB519,18,14 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:

AB519, s. 22 Section 22. 32.19 (4) (a) 1m. of the statutes is amended to read:

AB519,19,6 32.19 (4) (a) 1m. In the case of a person displaced from a mobile home or manufactured home site who meets one of the conditions under subd. 1m. a., b. or c., 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. 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, manufactured home or a conventional dwelling that is available and meets the requirements and standards for a comparable dwelling. The owner of a mobile home or manufactured home shall be eligible for payments under this subdivision if one of the following conditions is met:

AB519,19,8 a. The mobile home or manufactured home is not considered to be a decent, safe and sanitary dwelling unit.

AB519,19,10 b. The structural condition of the mobile home or manufactured home is such that it cannot be moved without substantial damage or unreasonable cost.

AB519,19,12 c. There are no adequate or available replacement sites to which the mobile home or manufactured home can be moved.

AB519, s. 23 Section 23. 45.356 (2) of the statutes is amended to read:

AB519,19,20 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.

AB519, s. 24 Section 24. 45.71 (11) of the statutes is created to read:

AB519,19,23 45.71 (11) "Manufactured home" means a manufactured home, as defined in s. 101.91 (2), which:

AB519,19,24 (a) Is used as the veteran's principal place of residence; and

AB519,19,25 (b) Meets or exceeds the statutory size under s. 348.07 (2).

AB519, s. 25 Section 25. 45.71 (12) (intro.) of the statutes is amended to read:

AB519,20,3 45.71 (12) (intro.) "Mobile home" means a mobile home, as defined under s. 340.01 (29) 101.91 (1), which:

AB519, s. 26 Section 26. 45.71 (14m) of the statutes is created to read:

AB519,20,5 45.71 (14m) "Recreational vehicle" has the meaning given in s. 218.10 (8m).

AB519, s. 27 Section 27. 45.76 (1) (a) 1. of the statutes is amended to read:

AB519,20,11 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.

AB519, s. 28 Section 28. 45.79 (3) (a) 2. of the statutes is amended to read:

AB519,20,16 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.

AB519, s. 29 Section 29. 49.47 (4) (b) 1. of the statutes is amended to read:

AB519,20,20 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.

AB519, s. 30 Section 30. 59.69 (4) (d) of the statutes is amended to read:

AB519,20,23 59.69 (4) (d) Trailer camps, or tourist camps and motels or both and manufactured and mobile home parks.

AB519, s. 31 Section 31. 66.058 (title) of the statutes is amended to read: