Wisconsin Legislature: 9,1998cp

101.651 (3) (title) Departmental and county authority in municipalities; generally.

9,1998ax Section 1998ax. 101.651 (3) of the statutes is renumbered 101.651 (3) (a) and amended to read:

101.651 (3) (a) Except as provided in par. (b) or sub. (3m) or (3s), the department or a county may not enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) or provide inspection services in a municipality unless requested to do so by a person with respect to a particular dwelling or by the municipality. A request by a person or a municipality with respect to a particular dwelling does not give the department or a county authority with respect to any other dwelling. Costs shall be collected under s. 101.65 (1) (c) or ss. 101.63 (9) and 101.65 (2) from the a person or municipality making the a request under this subsection.

9,1998az Section 1998az. 101.651 (3) (b) of the statutes is created to read:

101.651 (3) (b) The department shall provide inspection services and shall enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout any municipality that does not exercise jurisdiction under sub. (2m) and that has not adopted a resolution under sub. (2m) (a) or (b).

9,1998bc Section 1998bc. 101.651 (3m) (title) of the statutes is created to read:

101.651 (3m) (title) Authority over erosion control in towns, unincorporated areas and certain exempted municipalities.

9,1998bg Section 1998bg. 101.651 (3m) of the statutes is renumbered 101.651 (3m) (a) and amended to read:

101.651 (3m) (a) The department may enforce s. 101.653 in a municipality that does not perform or contract for inspection services under s. 101.65 (1) (a) or (b) adopts a resolution under sub. (2m) (b). A county may enforce those provisions of an ordinance enacted under s. 101.65 (1) (a) related to construction site erosion in any city or village that does not perform or contract for inspection services under s. 101.65 (1) (a) or (b) adopts a resolution under sub. (2m) (b). The department or the county shall collect a fee for the inspection services under this subsection.

9,1998bL Section 1998bL. 101.651 (3s) of the statutes is renumbered 101.651 (3m) (b).

9,1998bp Section 1998bp. 101.651 (4) (title) of the statutes is created to read:

101.651 (4) (title) Data relating to housing starts in municipalities.

9,1998bt Section 1998bt. 101.651 (5) (title) of the statutes is created to read:

101.651 (5) (title) Effect of section on certain laws.

9,1998bx Section 1998bx. 101.651 (6) (title) of the statutes is created to read:

101.651 (6) (title) Energy conservation rules; continuing effect.

9,1998cc Section 1998cc. 101.91 (1) of the statutes is renumbered 101.91 (2e).

9,1998cg Section 1998cg. 101.91 (1g), (1m), (2g) and (2m) of the statutes are created to read:

101.91 (1g) "Delivery date" means the date on which a mobile home is physically delivered to the site chosen by the mobile home owner.

(1m) "License period" means the period during which a license issued under s. 101.951 or 101.952 is effective, as established by the department under s. 101.951 (2) (b) 1. or 101.952 (2) (b) 1.

(2g) "Mobile home dealer" means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in, mobile homes or who is engaged wholly or partially in the business of selling mobile homes, whether or not the mobile homes are owned by the person, but does not include:

(a) A receiver, trustee, administrator, executor, guardian or other person appointed by or acting under the judgment or order of any court.

(b) Any public officer while performing that officer's official duty.

(d) Any lender, as defined in s. 421.301 (22).

(e) A person transferring a mobile home used for that person's personal, family or household purposes, if the transfer is an occasional sale and is not part of the business of the transferor.

(2m) "Mobile home owner" means any person who purchases, or leases from another, a mobile home primarily for use for personal, family or household purposes.

9,1998cL Section 1998cL. 101.91 (3) of the statutes is amended to read:

101.91 (3) "Mobile home park" has the meaning given in s. 66.058 (1) (e) means any plot or plots of ground upon which 3 or more mobile homes or manufactured homes that are occupied for dwelling or sleeping purposes are located. "Mobile home park" does not include a farm where the occupants of the mobile homes or manufactured homes are the father, mother, son, daughter, brother or sister of the farm owner or operator or where the occupants of the mobile homes or manufactured homes work on the farm.

9,1998cp Section 1998cp. 101.91 (4), (5) and (6) of the statutes are created to read:

101.91 (4) "Mobile home salesperson" means any person who is employed by a mobile home manufacturer or mobile home dealer to sell or lease mobile homes.

(5) "New mobile home" means a mobile home that has never been occupied, used or sold for personal or business use.

(6) "Used mobile home" means a mobile home that has previously been occupied, used or sold for personal or business use.

9,1998ct Section 1998ct. 101.92 (9) of the statutes is created to read:

101.92 (9) Shall promulgate rules and establish standards necessary to carry out the purposes of ss. 101.953 and 101.954.

9,1998cx Section 1998cx. 101.9202 of the statutes is created to read:

101.9202 Excepted liens and security interests. Sections 101.9203 to 101.9218 do not apply to or affect:

(1) A lien given by statute or rule of law to a supplier of services or materials for the mobile home.

(2) A lien given by statute to the United States, this state or any political subdivision of this state.

(3) A security interest in a mobile home created by a mobile home dealer or manufacturer who holds the mobile home for sale, which shall be governed by the applicable provisions of ch. 409.

9,1998gc Section 1998gc. 101.9203 of the statutes is created to read:

101.9203 When certificate of title required. (1) The owner of a mobile home situated in this state or intended to be situated in this state shall make application for certificate of title under s. 101.9209 for the mobile home if the owner has newly acquired the mobile home.

(2) Any owner who situates in this state a mobile home for which a certificate of title is required without such certificate having been issued or applied for, knowing that the certificate of title has not been issued or applied for, may be required to forfeit not more than $200. A certificate is considered to have been applied for when the application accompanied by the required fee has been delivered to the department or deposited in the mail properly addressed and with postage prepaid.

(3) Unless otherwise authorized by rule of the department, a nonresident owner of a mobile home situated in this state may not apply for a certificate of title under this subchapter unless the mobile home is subject to a security interest or except as provided in s. 101.9209 (1) (a).

9,1998gg Section 1998gg. 101.9204 of the statutes is created to read:

101.9204 Application for certificate of title. (1) An application for a certificate of title shall be made to the department upon a form or in an automated format prescribed by it and shall be accompanied by the required fee. Each application for certificate of title shall include the following information:

(a) The name and address of the owner.

(b) A description of the mobile home, including make, model, identification number and any other information or documentation that the department may reasonably require for proper identification of the mobile home.

(c) The date of purchase by the applicant, the name and address of the person from whom the mobile home was acquired and the names and addresses of any secured parties in the order of their priority.

(d) If the mobile home is a new mobile home being titled for the first time, the signature of the mobile home dealer. The document of origin shall contain the information specified by the department.

(e) Any further evidence of ownership which the department may reasonably require to enable it to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the mobile home.

(f) If the identification number of the mobile home has been removed, obliterated or altered, or if the original casting has been replaced, or if the mobile home has not been numbered by the manufacturer, the application for certificate of title shall so state.

(g) If the mobile home is a used mobile home which was last previously titled in another jurisdiction, the applicant shall furnish any certificate of ownership issued by the other jurisdiction and a statement pertaining to the title history and ownership of the mobile home, such statement to be in the form that the department prescribes.

(1m) On the form or in the automated format for application for a certificate of title, the department may show the fee under s. 101.9208 (1) (dm) separately from the fee under s. 101.9208 (1) (a) or (d).

(2) Any person who knowingly makes a false statement in an application for a certificate of title may be fined not more than $5,000 or imprisoned for not more than 5 years or both.

9,1998gL Section 1998gL. 101.9205 of the statutes is created to read:

101.9205 When department to issue certificate and to whom; maintenance of records. (1) The department shall maintain a record of each application for certificate of title received by it and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue and deliver a certificate to the owner of the mobile home.

(2) The department shall maintain a record of all applications, and all certificates of title issued by the department, indexed in the following manners:

(a) According to title number.

(b) Alphabetically, according to the name of the owner.

(3) The department shall charge a fee of not less than $2 for conducting a file search of mobile home title records.

9,1998gp Section 1998gp. 101.9206 of the statutes is created to read:

101.9206 Contents of certificate of title. (1) Each certificate of title issued by the department shall contain all of the following:

(a) The name and address of the owner.

(b) The names of any secured parties in the order of priority as shown on the application or, if the application is based on another certificate of title, as shown on that certificate.

(d) A description of the mobile home, including make, model and identification number.

(e) Any other data which the department considers pertinent and desirable.

(2) (a) The certificate of title shall contain spaces for all of the following:

1. Assignment and warranty of title by the owner.

2. Reassignment and warranty of title by a mobile home dealer.

(b) The certificate of title may contain spaces for application for a certificate of title by a transferee and for the naming of a secured party and the assignment or release of a security interest.

(3) (a) Unless the applicant fulfills the requirements of par. (b), the department shall issue a distinctive certificate of title for a mobile home last previously registered in another jurisdiction if the laws of the other jurisdiction do not require that secured parties be named on a certificate of title to perfect their security interests. The certificate shall contain the legend "This mobile home may be subject to an undisclosed security interest" and may contain any other information that the department prescribes. If the department receives no notice of a security interest in the mobile home within 4 months from the issuance of the distinctive certificate of title, the department shall, upon application and surrender of the distinctive certificate, issue a certificate of title in ordinary form.

(b) The department may issue a nondistinctive certificate of title if the applicant fulfills either of the following requirements:

1. The applicant is a mobile home dealer and is financially responsible as substantiated by the last financial statement on file with the department, a finance company licensed under s. 138.09, a bank organized under the laws of this state, or a national bank located in this state.

2. The applicant has filed with the department a bond in the form prescribed by the department and executed by the applicant, and either accompanied by the deposit of cash with the department or also executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount equal to 1.5 times the value of the mobile home as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the mobile home or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney fees, by reason of the issuance of the certificate of title of the mobile home or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the mobile home. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of 5 years or prior thereto if, apart from this section, a nondistinctive certificate of title could then be issued for the mobile home.

(4) A certificate of title issued by the department is prima facie evidence of the facts appearing on it.

(5) The department may issue a certificate of title in an automated format.

9,1998gt Section 1998gt. 101.9207 of the statutes is created to read:

101.9207 Lost, stolen or mutilated certificates. (1) If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the department. The replacement certificate of title shall contain the legend "This is a replacement certificate and may be subject to the rights of a person under the original certificate".

(2) A person recovering an original certificate of title for which a replacement has been issued shall promptly surrender the original certificate to the department.

9,1998gx Section 1998gx. 101.9208 of the statutes is created to read:

101.9208 Fees. (1) The department shall be paid the following fees:

(a) For filing an application for the first certificate of title, $8.50, by the owner of the mobile home.

(b) Upon filing an application under sub. (1) or (4) before the first day of the 2nd month beginning after the effective date of this subsection .... [revisor inserts date], an environmental impact fee of $5, by the person filing the application. Upon filing an application under sub. (1) or (4) on or after the first day of the 2nd month beginning after the effective date of this subsection .... [revisor inserts date], an environmental impact fee of $6, by the person filing the application. All moneys collected under this subsection shall be credited to the environmental fund for environmental management.

(c) For the original notation and subsequent release of each security interest noted upon a certificate of title, a single fee of $4 by the owner of the mobile home.

(d) For a certificate of title after a transfer, $8.50, by the owner of the mobile home.

(dm) Upon filing an application under par. (a) or (d), a supplemental title fee of $7.50 by the owner of the mobile home, except that this fee shall be waived with respect to an application under par. (d) for transfer of a decedent's interest in a mobile home to his or her surviving spouse. The fee specified under this paragraph is in addition to any other fee specified in this section.