LRB-1508/1
MJL:kaf:jf
1997 - 1998 LEGISLATURE
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
1An Act to repeal 66.058 (1) (a), 66.058 (1) (f), 101.90, 101.91 (2) (b), 101.92 (1),
2101.92 (5), 101.92 (6), 101.93, 101.94 (3), 101.94 (4), 101.94 (5), 101.96, 218.10
3(8), 218.101 (1), 218.14, 218.16, 218.165 and 218.17 (1);
to renumber and
4amend 16.366 (1), 218.10 (1), 218.10 (3), 218.10 (4), 218.10 (6) and 218.101 (2);
5to consolidate, renumber and amend 101.91 (2) (intro.) and (a);
to amend
616.366 (title), 16.366 (2) (a), 16.366 (2) (d), 16.366 (2m), 20.505 (7) (jf), 20.505
7(7) (ji), 30.40 (6), 30.44 (1) (title), 30.44 (1) (b) 2., 30.44 (1) (b) 3., 30.44 (1) (b) 5.,
830.44 (1) (c) 1., 30.44 (1) (c) 2., 30.44 (1) (e), 30.44 (1) (g) (intro.), 30.44 (1) (g) 2.,
932.19 (4) (a) (intro.), 32.19 (4) (a) 1m., 45.356 (2), 45.71 (12) (intro.), 45.76 (1)
10(a) 1., 45.79 (3) (a) 2., 49.47 (4) (b) 1., 59.69 (4) (d), 66.058 (title), 66.058 (1) (b),
1166.058 (1) (c), 66.058 (1) (d), 66.058 (1) (e), 66.058 (1) (g), 66.058 (1) (i), 66.058
12(1) (j), 66.058 (2) (a), 66.058 (2) (b), 66.058 (2) (c), 66.058 (2) (d), 66.058 (3) (title),
1366.058 (3) (a), 66.058 (3) (c) 1. (intro.), a., c. and d., 66.058 (3) (c) 2., 66.058 (3)
14(c) 5. and 6., 66.058 (3) (c) 7., 66.058 (3) (c) 8., 66.058 (3) (d), 66.058 (3) (e), 66.058
1(3m), 66.058 (4) (intro.), 66.058 (4) (b), 66.058 (5), 66.058 (8), 66.0585, 66.069
2(1) (b), 66.071 (1) (e), 70.043 (title), 70.043 (1), 70.043 (2), 70.111 (19) (title),
370.111 (19) (b), 70.112 (7), 71.07 (9) (a) 3., 71.07 (9) (a) 4., 71.52 (2), 71.52 (7),
477.51 (4) (b) 6., 77.51 (13) (am), 77.51 (15) (b) 5., 77.52 (2) (a) 1., 77.53 (17), 77.53
5(18), 77.54 (7) (b) (intro.), 77.54 (31), 77.54 (36), 77.61 (1) (a), 77.61 (1) (c), 77.71
6(4), 77.78, 77.785 (2), 79.03 (3) (b) 4. a., 101.125 (1) (a), 101.19 (1) (e), 101.91
7(intro.), 101.91 (3), 101.92 (3), 101.92 (4), 101.92 (7), 101.92 (8), 101.94 (2),
8101.94 (6), 101.94 (7), 101.95, 106.04 (1m) (L), 138.052 (1) (b), 138.056 (1) (b),
9138.056 (1) (c), 138.056 (1) (d), 138.056 (3) (a), 214.485 (10), 215.205 (1),
10subchapter VI (title) of chapter 218 [precedes 218.10], 218.10 (2), 218.10 (5),
11218.10 (7), 218.10 (8m), 218.10 (9), 218.11 (title), 218.11 (1), 218.11 (6) (n),
12218.12 (title), 218.12 (1), 218.12 (2) (a), 218.12 (5), 218.12 (6), 218.15, 218.17 (3),
13227.43 (1) (bg), 234.622 (7), 285.01 (9m), 340.01 (11) (intro.), 340.01 (14), 340.01
14(18m), 340.01 (28), 340.01 (29), 340.01 (33m), 340.01 (57), 340.01 (71), 340.01
15(72) (a), 341.04 (1), 341.05 (14m), 341.25 (1) (intro.), 341.25 (1) (i), 341.47 (1)
16(intro.), 341.51 (1), 341.51 (2), 341.53, 341.62, 342.18 (4) (a), 342.18 (4) (b),
17342.22 (3) (a), 342.30 (2), 342.40 (1), 342.40 (3) (a), 343.055 (1) (d), 346.94 (8),
18346.94 (8m) (title), 346.94 (8m) (a), 346.94 (8m) (b), 347.13 (1), 347.14 (1), 347.15
19(1), 347.15 (2), 347.35 (4), 347.45 (1), 347.47 (title), 347.47 (2), 347.47 (3), 347.47
20(4), 348.05 (2) (i), 348.06 (1), 348.07 (2) (c), 348.07 (3) (a), 348.10 (5) (a), 348.10
21(5) (c), 348.25 (6), 348.26 (4), 348.27 (7), 348.27 (7m), 349.03 (2), 422.201 (12m),
22422.202 (2) (intro.), 422.209 (6m), 422.402 (5) (intro.), 422.402 (5) (b), 422.413
23(2g) (intro.), 424.301 (1) (b) 1., 707.02 (4), 710.15 (title), 710.15 (1) (a), 710.15
24(1) (b), 710.15 (1) (c), 710.15 (1) (d), 710.15 (1) (e), 710.15 (1) (f), 710.15 (1m),
25710.15 (2), 710.15 (3), 710.15 (4), 710.15 (4m), 710.15 (5m) (intro.), 710.15 (5m)
1(e), 710.15 (5m) (em), 710.15 (5m) (h), 779.85 (6), 852.09 (2), 941.20 (1) (d),
2943.10 (1) (e) and 990.01 (14); and
to create 16.366 (1g), subchapter X of
3chapter 16 [precedes 16.995], 30.40 (5), 45.71 (11), 45.71 (14m), 66.058 (1) (cg),
4340.01 (27m), 340.01 (48r), 340.01 (72r), 710.15 (1) (am) and 943.10 (1) (am) of
5the statutes;
relating to: the definition and regulation of mobile homes and
6manufactured homes, granting rule-making authority and providing a
7penalty.
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
1Section
1. 16.366 (title) of the statutes is amended to read:
AB519,5,2
216.366 (title)
Mobile Manufactured and mobile home park regulation.
AB519, s. 2
3Section
2. 16.366 (1) of the statutes is renumbered 16.366 (1r) and amended
4to read:
AB519,5,75
16.366
(1r) The department shall license and regulate
mobile home parks. The
6department may investigate
mobile home parks and, with notice, may enter and
7inspect private property.
AB519, s. 3
8Section
3. 16.366 (1g) of the statutes is created to read:
AB519,5,99
16.366
(1g) In this section:
AB519,5,1010
(a) "Manufactured home" has the meaning given in s. 101.91 (2).
AB519,6,1
1(b) "Mobile home" has the meaning given in s. 101.91 (1).
AB519,6,32
(c) "Park" means a manufactured and mobile home park, as defined in s. 66.058
3(1) (e).
AB519, s. 4
4Section
4. 16.366 (2) (a) of the statutes is amended to read:
AB519,6,85
16.366
(2) (a) The department or a village, city or county granted agent status
6under par. (e) shall issue permits to and regulate
mobile home parks. No person,
7state or local government who has not been issued a permit under this subsection
8may conduct, maintain, manage or operate a
mobile home park.
AB519, s. 5
9Section
5. 16.366 (2) (d) of the statutes is amended to read:
AB519,6,2210
16.366
(2) (d) A permit may not be issued under this subsection until all
11applicable fees have been paid. If the payment is by check or other draft drawn upon
12an account containing insufficient funds, the permit applicant shall, within 15 days
13after receipt of notice from the department of the insufficiency, pay by cashier's check
14or other certified draft, money order or cash the fees from the department, late fees
15and processing charges that are specified by rules promulgated by the department.
16If the permit applicant fails to pay all applicable fees, late fees and the processing
17charges within 15 days after the applicant receives notice of the insufficiency, the
18permit is void. In an appeal concerning voiding of a permit under this paragraph,
19the burden is on the permit applicant to show that the entire applicable fees, late fees
20and processing charges have been paid. During any appeal process concerning a
21payment dispute, operation of the
mobile home park in question is considered to be
22operation without a permit.
AB519, s. 6
23Section
6. 16.366 (2m) of the statutes is amended to read:
AB519,6,2524
16.366
(2m) (a) The department shall inspect a
mobile home park in the
25following situations:
AB519,7,1
11. Upon completion of the construction of a new
mobile home park.
AB519,7,32
2. Whenever a
mobile home park is modified, as defined by the department by
3rule.
AB519,7,44
3. Whenever the department receives a complaint about a
mobile home park.
AB519,7,65
(b) The department may, with notice, inspect a
mobile home park whenever the
6department determines an inspection is appropriate.
AB519, s. 7
7Section
7. Subchapter X of chapter 16 [precedes 16.995] of the statutes is
8created to read:
AB519,7,1210
Subchapter X
11
Manufactured home and
12
mobile home dealers
AB519,7,13
1316.995 Definitions. In this subchapter:
AB519,7,18
14(1) "Dealer" means a person who, for a commission or other thing of value, sells,
15exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an
16interest in manufactured homes or mobile homes or who is engaged wholly or in part
17in the business of selling manufactured homes or mobile homes, whether or not the
18manufactured homes or mobile homes are owned by the person, but does not include:
AB519,7,2019
(a) A receiver, trustee, administrator, executor, guardian or other person
20appointed by or acting under the judgment or order of any court.
AB519,7,2121
(b) Any public officer while performing that officer's official duty.
AB519,7,2222
(c) Any employe of a person enumerated in par. (a) or (b).
AB519,7,2323
(d) Any lender as defined in s. 421.301 (22).
AB519,8,224
(e) A person transferring a manufactured home or mobile home registered in
25that person's name and used for that person's personal, family or household
1purposes, if the transfer is an occasional sale and is not part of the business of the
2transferor.
AB519,8,4
3(2) "Delivery date" means the date on which a manufactured home or mobile
4home is physically delivered to the site chosen by the owner.
AB519,8,7
5(3) "License period" means the period during which a license issued under s.
616.996 or 16.997 is effective, as established by the licensor under s. 16.996 (2) (b) 1.
7or 16.997 (2) (b) 1.