9,1998tx
Section 1998tx. 101.951 of the statutes is created to read:
101.951 Mobile home dealers regulated.
(1) No person may engage in the business of selling mobile homes to a consumer or to the retail market in this state unless first licensed to do so by the department as provided in this section.
(2) (a) Application for a license or a renewal license shall be made to the department on forms prescribed and furnished by the department, accompanied by the license fee required under par. (c) or (d).
(b) 1. The department shall, by rule, establish the license period under this section.
2. The department may promulgate rules establishing a uniform expiration date for all licenses issued under this section.
(c) Except as provided in par. (d), the fee for a license issued under this section equals $50 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.
(d) If the department issues a license under this section during the license period, the fee for the license shall equal $50 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).
(3) The department shall issue a license only to a person whose character, fitness and financial ability, in the opinion of the department, are such as to justify the belief that the person can and will deal with and serve the buying public fairly and honestly, will maintain a permanent office and place of business in this state during the license year and will abide by all of the provisions of law and lawful orders of the department.
(5) A licensee shall conduct the licensed business continuously during the license year.
(6) The department may deny, suspend or revoke a license on any of the following grounds:
(a) Proof of unfitness.
(b) A material misstatement in the application for the license.
(c) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue.
(d) Wilful failure to comply with any provision of this section or any rule promulgated by the department under this section.
(e) Wilfully defrauding any retail buyer to the buyer's damage.
(f) Wilful failure to perform any written agreement with any retail buyer.
(g) Failure or refusal to furnish and keep in force any bond required.
(h) Having made a fraudulent sale, transaction or repossession.
(i) Fraudulent misrepresentation, circumvention or concealment, through any subterfuge or device, of any of the material particulars or the nature thereof required hereunder to be stated or furnished to the retail buyer.
(j) Use 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.
(k) Having indulged in any unconscionable practice relating to said business.
(m) Having sold a retail instalment contract to a sales finance company, as defined in s. 218.01 (1) (v), that is not licensed under s. 218.01.
(n) Having violated any law relating to the sale, distribution or financing of mobile homes.
(7) (a) The department of commerce 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 the denial. Within 30 days after such notice, the applicant may petition the department of administration to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to denials of applications for licenses under s. 101.02 (21).
(b) No license may be suspended or revoked except after a hearing thereon. The department of commerce shall give the licensee at least 5 days' notice of the time and place of the hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the department of commerce, 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 department of commerce shall be heard and decided upon by the department of administration. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are suspended or revoked under s. 101.02 (21).
(c) The department of commerce may inspect the pertinent books, records, letters and contracts of a licensee. The actual cost of each such examination shall be paid by such licensee so examined within 30 days after demand therefor by the department, and the department may maintain an action for the recovery of such costs in any court of competent jurisdiction.
(8) Any person who violates any provision of this section shall be fined not less than $25 nor more than $100 for each offense.
9,1998xc
Section 1998xc. 101.952 of the statutes is created to read:
101.952 Mobile home salespersons regulated. (1) No person may engage in the business of selling mobile homes to a consumer or to the retail market in this state without a license therefor from the department. If a mobile home dealer acts as a mobile home salesperson the dealer shall secure a mobile home salesperson's license in addition to the license for engaging as a mobile home dealer.
(2) (a) Applications for a mobile home salesperson's license and renewals thereof shall be made to the department on such forms as the department prescribes and furnishes and shall be accompanied by the license fee required under par. (c) or (d). The application shall include the applicant's social security number. In addition, the application shall require such pertinent information as the department requires.
(b) 1. The department shall, by rule, establish the license period under this section.
2. The department may promulgate rules establishing a uniform expiration date for all licenses issued under this section.
(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.
(d) If the department 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).
(3) Every licensee shall carry his or her license when engaged in his or her business and display the same upon request. The license shall name his or her employer, and, in case of a change of employer, the mobile home salesperson shall immediately mail his or her license to the department, which shall endorse that change on the license without charge.
(5) The provision of s. 218.01 (3) relating to the denial, suspension and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension and revocation of a mobile home salesperson's license so far as applicable, except that such provision does not apply to the denial, suspension or revocation of a license under s. 101.02 (21) (b).
(6) The provisions of s. 218.01 (3) (g) and (5) shall apply to this section, mobile home sales practices and the regulation of mobile home salespersons, as far as applicable.
9,1998xg
Section 1998xg. 101.953 of the statutes is created to read:
101.953 Warranty and disclosure. (1) A one-year written warranty is required for every new mobile home sold, or leased to another, by a mobile home manufacturer, mobile home dealer or mobile home salesperson in this state, and for every new mobile 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 consumer in this state. The warranty shall state all of the following:
(a) That the mobile home meets those standards prescribed by law or administrative rule of the department of administration or of the department of commerce, which are in effect at the time of the manufacture of the mobile home.
(b) That the mobile 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.
(c) 1. That the mobile home manufacturer and mobile home dealer shall take corrective action for defects which become evident within one year from the delivery date and as to which the mobile 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 mobile home manufacturer and mobile home dealer shall make the appropriate adjustments and repairs, within 30 days after notification of the defect, at the site of the mobile home without charge to the mobile home owner. If the mobile home dealer makes the adjustment, the mobile home manufacturer shall fully reimburse the dealer.
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 mobile home to the condition in which it was warranted except for reasonable wear and tear, such failure shall be considered a violation of the warranty and the mobile 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.
(d) That if during any period of time after notification of a defect the mobile 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.
(e) A list of all parts and equipment not covered by the warranty.
(2) Action by a lessee to enforce the lessee's rights under this subchapter shall not be grounds for termination of the rental agreement.
(3) The warranty required under this section shall apply to the manufacturer of the mobile home as well as to the mobile home dealer who sells or leases the mobile home to the consumer, and shall be in addition to any other rights and privileges that the consumer 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 void.
(4) The transfer of a mobile home from one mobile home owner to another during the effective period of the warranty does not terminate the warranty, and subsequent mobile home owners shall be entitled to the full protection of the warranty for the duration of the warranty period as if the original mobile home owner had not transferred the mobile home.
9,1998xL
Section 1998xL. 101.954 of the statutes is created to read:
101.954 Sale or lease of used mobile homes. In the sale or lease of any used mobile home, the sales invoice or lease agreement shall contain the point of manufacture of the used mobile home, the name of the manufacturer and the name and address of the previous mobile home owner.
9,1998xp
Section 1998xp. 101.955 of the statutes is created to read:
101.955 Jurisdiction and venue over out-of-state manufacturers. (1) The importation of a mobile home for sale in this state by an out-of-state manufacturer is considered 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 mobile home into this state.
(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.
9,1998xt
Section 1998xt. 101.965 of the statutes is created to read:
101.965 Penalties. (1) Any person who violates ss. 101.953 to 101.955, or any rule promulgated under ss. 101.953 to 101.955, may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
(2) In any court action brought by the department for violations of this subchapter, the department may recover all costs of testing and investigation, in addition to costs otherwise recoverable, if it prevails in the action.
(3) Nothing in this subchapter prohibits the bringing of a civil action against a mobile home manufacturer, mobile home dealer or mobile home salesperson by an aggrieved consumer. If judgment is rendered for the consumer based on an act or omission by the mobile home manufacturer, mobile home dealer or mobile home salesperson, which constituted a violation of this subchapter, the plaintiff shall recover actual and proper attorney fees in addition to costs otherwise recoverable.
9,1999
Section
1999. 102.01 (2) (d) of the statutes is amended to read:
102.01 (2) (d) "Municipality" includes a county, city, town, village, school district, sewer district, drainage district and family care district and other public or quasi-public corporations.
9,2000
Section
2000. 102.04 (1) (a) of the statutes is amended to read:
102.04 (1) (a) The state, each county, city, town, village, school district, sewer district, drainage district, family care district and other public or quasi-public corporations therein.
9,2000m
Section 2000m. 102.17 (1) (cg) 1. of the statutes is amended to read:
102.17 (1) (cg) 1. The Except as provided in subd. 2m., the department shall require each applicant for a license under par. (c) who is an individual to provide the department with the applicant's social security number, and shall require each applicant for a license under par. (c) who is not an individual to provide the department with the applicant's federal employer identification number, when initially applying for or applying to renew the license.
9,2000n
Section 2000n. 102.17 (1) (cg) 2. of the statutes is amended to read:
102.17 (1) (cg) 2. The If an applicant who is an individual fails to provide the applicant's social security number to the department or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to the department, the department may not issue or renew a license under par. (c) to or for an the applicant who is an individual unless the applicant has provided the applicant's is an individual who does not have a social security number to the department and may not issue or renew a license under par. (c) to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to the department and the applicant submits a statement made or subscribed under oath or affirmation as required under subd. 2m.
9,2000p
Section 2000p. 102.17 (1) (cg) 2m. of the statutes is created to read:
102.17 (1) (cg) 2m. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department. A license issued in reliance upon a false statement submitted under this subdivision is invalid.
9,2000q
Section 2000q. 102.26 (2m) of the statutes is repealed.
9,2002
Section
2002. 102.27 (2) (a) of the statutes is amended to read:
102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e), 301.12 (14) (e), 767.23 (1) (L), 767.25 (4m) (c), 767.265 (1) or (2m), 767.51 (3m) (c) or 767.62 (4) (b) 3.
9,2002c
Section 2002c. 102.27 (2) (a) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:
102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e), 301.12 (14) (e), 767.23 (1) (L), 767.25 (4m) (c), or 767.265 (1) or (2m), 767.51 (3m) (c) or 767.62 (4) (b) 3.
9,2003
Section
2003. 102.29 (9) of the statutes is amended to read:
102.29 (9) No participant in a work experience component of a job opportunities and basic skills program who, under s. 49.193 (6) (a), is 1997 stats., was considered to be an employe of the agency administering that program, or who, under s. 49.193 (6) (a), is 1997 stats., was provided worker's compensation coverage by the person administering the work experience component, and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the employer who provided the work experience from which the claim arose. This subsection does not apply to injuries occurring after February 28, 1998.
9,2003m
Section 2003m. 102.42 (6) of the statutes is amended to read:
102.42 (6) Treatment rejected by employe. Unless the employe shall have elected Christian Science treatment in lieu of medical, surgical, dental, or hospital or sanatorium treatment, no compensation shall be payable for the death or disability of an employe, if the death be caused, or insofar as the disability may be aggravated, caused or continued by an unreasonable refusal or neglect to submit to or follow any competent and reasonable medical, surgical or dental treatment or, in the case of tuberculosis, by refusal or neglect to submit to or follow hospital or sanatorium or medical treatment when found by the department to be necessary. The right to compensation accruing during a period of refusal or neglect to submit to or follow hospital or sanatorium
or medical treatment when found by the department to be necessary in the case of tuberculosis shall be barred, irrespective of whether disability was aggravated, caused or continued thereby.
9,2005
Section
2005. 103.001 (6) of the statutes is amended to read:
103.001 (6) "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, family care district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employe.
9,2005c
Section 2005c. 103.275 (2) (bg) 1. of the statutes is amended to read:
103.275 (2) (bg) 1. The Except as provided in subd. 2m., the department shall require each applicant for a house-to-house employer certificate under this subsection who is an individual to provide the department with the applicant's social security number, and shall require each applicant for a house-to-house employer certificate who is not an individual to provide the department with the applicant's federal employer identification number, when initially applying for or applying to renew the house-to-house employer certificate.
9,2005d
Section 2005d. 103.275 (2) (bg) 2. of the statutes is amended to read:
103.275 (2) (bg) 2. The If an applicant who is an individual fails to provide the applicant's social security number to the department or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to the department, the department may not issue or renew a house-to-house employer certificate under this subsection to or for an the applicant who is an individual unless the applicant
has provided the applicant's is an individual who does not have a social security number to the department and may not issue or renew a house-to-house employer certificate under this subsection to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to the department and the applicant submits a statement made or subscribed under oath or affirmation as required under subd. 2m.
9,2005e
Section 2005e. 103.275 (2) (bg) 2m. of the statutes is created to read:
103.275 (2) (bg) 2m. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department. A house-to-house employer certificate issued in reliance upon a false statement submitted under this subdivision is invalid.
9,2005f
Section 2005f. 103.49 (5) (a) of the statutes is amended to read:
103.49 (5) (a) Each contractor, subcontractor or agent thereof performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid therefor. If requested by any person, a contractor, subcontractor or agent thereof performing work on a project that is subject to this section shall permit that person to inspect and copy any of those records to the same extent as the department would be required to permit inspection and copying of those records under ss. 19.31 to 19.39 if those records were in the custody of the department.
9,2005g
Section 2005g. 103.50 (7m) of the statutes is created to read:
103.50 (7m) Records; inspection. Each contractor, subcontractor or agent thereof performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid therefor. If requested by any person, a contractor, subcontractor or agent thereof performing work on a project that is subject to this section shall permit that person to inspect and copy any of those records to the same extent as the department of transportation would be required to permit inspection and copying of those records under ss. 19.31 to 19.39 if those records were in the custody of the department of transportation.
9,2005hd
Section 2005hd. 103.91 (2) (b) 1. of the statutes is amended to read: