AB133-ASA1,1062,13
12(4) After July 1, 2000, a security interest in a previously certificated vehicle
13may be created and perfected only by compliance with ss. 101.9213 and 101.9218.
AB133-ASA1,1062,16
14(5) (a) If a security interest in a previously certificated mobile home is perfected
15under any other applicable law of this state on July 1, 2000, the security interest
16continues perfected:
AB133-ASA1,1062,1917
1. Until its perfection lapses under the law under which it was perfected, or
18until its perfection would lapse in the absence of a further filing or renewal of filing,
19whichever occurs sooner.
AB133-ASA1,1062,2320
2. If, before the security interest lapses as described in subd. 1., there is
21delivered to the department the existing certificate of title together with the
22application and fee required by s. 101.9214 (1). In such case the department shall
23issue a new certificate pursuant to s. 101.9214 (3).
AB133-ASA1,1063,224
(b) If a security interest in a previously certificated mobile home was created,
25but was unperfected, under any other applicable law of this state on July 1, 2000, it
1may be perfected under par. (a), but such perfection dates only from the date of the
2department's receipt of the certificate.
AB133-ASA1,1063,7
4101.9223 Registration of mobile homes.
(1) Definition. In this section,
5"owner" means, with respect to a mobile home that is leased to a lessee for a period
6of one year or more, the lessee of the mobile home for purposes of mobile home
7registration under this section.
AB133-ASA1,1063,10
8(2) Application for registration. (a) Application for original registration and
9for renewal of registration shall be made to the department upon forms prescribed
10by it and shall be accompanied by the required fee.
AB133-ASA1,1063,1211
(b) Applications for original registration of a mobile home shall contain the
12following information:
AB133-ASA1,1063,1313
1. The name of the owner.
AB133-ASA1,1063,1414
2. If the owner under subd. 1. is a lessee, the name of the lessor.
AB133-ASA1,1063,1715
3. The name of the town, city or village in which the owner resides and, if the
16owner resides in a 1st or 2nd class city, the owner's true residential or business
17address.
AB133-ASA1,1063,2018
4. If applicable, the name of the town, city or village in which the lessor resides
19and, if the lessor resides in a 1st or 2nd class city, the lessor's true residential or
20business address.
AB133-ASA1,1063,2321
5. A description of the mobile home, including make, model, identification
22number and any other information which the department may reasonably require
23for proper identification of the mobile home.
AB133-ASA1,1063,2524
6. The city, village or town and the county in which the mobile home is
25customarily situated.
AB133-ASA1,1064,3
17. Such further information as the department may reasonably require to
2enable it to determine whether the mobile home is by law entitled to registration or
3to enable it to determine the proper applicant or registration fee for the mobile home.
AB133-ASA1,1064,84
(c) The department may accept an application and complete registration of a
5mobile home when the evidence of ownership is held by a nonresident lienholder or
6for other reason is not immediately available and the department is satisfied as to
7ownership of the mobile home. The title fee shall be collected at the time of
8registration and retained even though certificate of title is not issued.
AB133-ASA1,1064,159
(d) Applications for renewal of registration shall contain the information
10required in par. (b) for original applications or such parts thereof as the department
11considers necessary to ensure the proper registration of the mobile home. The
12department may require that applications for renewal of registration be
13accompanied by the certificate of title issued for the mobile home only when the true
14ownership or proper registration of the mobile home is in doubt and cannot be
15resolved from records maintained by the department.
AB133-ASA1,1064,1916
(e) At least 30 days prior to the expiration of a mobile home's registration, the
17department shall mail to the last-known address of the registrant a notice of the date
18upon which the registration must be renewed and an application form for renewal
19of registration.
AB133-ASA1,1064,2120
(f) The department shall supply the clerk of each county with blank application
21forms for original registration of mobile homes.
AB133-ASA1,1065,222
(g) If the applicant for a certificate of registration is under 18 years of age, the
23application shall be accompanied by a statement made and signed by either of the
24applicant's parents, if such parent has custody of the minor; or, if neither parent has
25custody, then by the person having custody, stating that the applicant has the
1signer's consent to register the mobile home in the applicant's name. Any person who
2violates this subsection may be required to forfeit not more than $200.
AB133-ASA1,1065,93
(h) A mobile home's registration does not expire on the date of expiration of its
4registration if, on that date of expiration, the registrant is on active duty in the U.S.
5armed forces and is absent from this state. Any registration extended under this
6paragraph expires 30 days after the registrant returns to this state or 90 days after
7the registrant is discharged from active duty, whichever is earlier. If a registration
8is renewed after an extension under this subsection, the renewal period shall begin
9on the day after the date of expiration of registration.
AB133-ASA1,1065,11
10(3) Grounds for refusing registration. The department shall refuse
11registration of a mobile home under any of the following circumstances:
AB133-ASA1,1065,1712
(a) The required state fee and any municipal mobile home registration fee
13imposed by the town, village or city in which the mobile home is customarily situated
14has not been paid for the mobile home, and the department may refuse registration
15of a mobile home if such fees for the current period or for any previous period for
16which payment of a registration fee is required by law have not been paid on any
17other mobile homes owned by the applicant for registration.
AB133-ASA1,1065,1818
(b) The applicant has failed to furnish any of the following:
AB133-ASA1,1065,20191. If applicable, the power of attorney required under
15 USC 1988 or rules of
20the department.
AB133-ASA1,1065,2221
2. Other information or documents required by law or by the department
22pursuant to authority of law.
AB133-ASA1,1066,223
(c) A certificate of title is a prerequisite to registration of the mobile home and,
24except for an applicant who is the lessee of a mobile home, a valid certificate of title
1has not been issued to the applicant for the mobile home and the applicant is not
2entitled to the issuance of a certificate of title.
AB133-ASA1,1066,43
(d) A court has notified the department under s. 345.47 (1) (d) that a judgment
4has been entered against the applicant and the judgment remains unpaid.
AB133-ASA1,1066,11
5(4) Contents and issuance of certificate of registration; issuance of
6duplicate certificate. (a) Except as provided in par. (b) the department upon
7registering a mobile home shall issue and deliver to the owner a certificate of
8registration. The certificate shall contain the name, residence and address of the
9owner, a brief description of the mobile home, the registration number assigned and
10the date of expiration of registration. The certificate shall be in such form and may
11contain such additional information as the department considers advisable.
AB133-ASA1,1066,1412
(b) The department shall issue a duplicate certificate of registration upon
13application therefor by any person in whose name the mobile home is registered and
14upon payment of a fee of $2.
AB133-ASA1,1066,18
15(5) Design, procurement and issuance of registration plates. (a) The
16department upon registering a mobile home under this section shall issue and
17deliver prepaid to the applicant one registration plate, unless the department
18determines that 2 plates will better serve the interests of law enforcement.
AB133-ASA1,1066,2519
(b) The department shall purchase plates from the Waupun correctional
20institution unless otherwise approved by the governor. Subject to any specific
21requirements which may be imposed by statute, the department shall determine the
22size, color and design of registration plates with a view toward making them visible
23evidence of the period for which the mobile home is registered and the fee class into
24which the mobile home falls as well as making them a ready means of identifying the
25specific mobile home or owner for which the plates were issued.
AB133-ASA1,1067,1
1(c) All registration plates shall have displayed upon them the following:
AB133-ASA1,1067,32
1. The registration number assigned to the mobile home or owner. The
3registration number shall be composed of numbers or letters or both.
AB133-ASA1,1067,44
2. The name "Wisconsin" or abbreviation "Wis".
AB133-ASA1,1067,65
3. An indication of the period for which the specific plate is issued or the date
6of expiration of registration.
AB133-ASA1,1067,11
7(6) Issuance of replacement plate. (a) Whenever a current registration plate
8is lost or destroyed, the owner of the mobile home to which the plate was attached
9shall immediately apply to the department for replacement. Upon satisfactory proof
10of the loss or destruction of the plate and upon payment of a fee of $2 for each plate,
11the department shall issue a replacement.
AB133-ASA1,1067,1612
(b) Whenever a current registration plate becomes illegible, the owner of the
13mobile home to which the plate is attached shall apply to the department for a
14replacement. Upon receipt of satisfactory proof of illegibility, and upon payment of
15a fee of $2 for each plate, the department shall issue a replacement. Upon receipt
16of a replacement plate, the applicant shall destroy the illegible plate.
AB133-ASA1,1067,2017
(c) When issuing a replacement plate, the department may assign a new
18number and issue a new plate rather than a duplicate of the original if in its
19judgment that is in the best interests of economy or prevention of fraud. Upon receipt
20of a replacement plate, the applicant shall destroy all plates replaced.
AB133-ASA1,1067,2221
(d) Any person issued replacement plates who fails to destroy the original
22plates as required by par. (b) or (c) may be required to forfeit not more than $200.
AB133-ASA1,1067,2523
(e) This subsection does not apply to plates issued pursuant to the law
24pertaining to the registration of mobile home dealers, distributors, as defined in s.
25340.01 (14), mobile home manufacturers or transporters, as defined in s. 340.01 (72).
AB133-ASA1,1068,3
1(7) Annual registration fees. An applicant for registration under this section
2shall pay a fee of $15 to the department for the annual registration of each mobile
3home.
AB133-ASA1,1068,9
4(8) Fraudulent application for registration or license. Any person who
5gives a false or fictitious name, address or location where a mobile home is
6customarily situated in an application for license or registration or who makes
7application for license or registration in the name of a person other than the true
8owner, or true owner and lessee, may be fined not more than $200 or imprisoned for
9not more than 6 months or both.
AB133-ASA1,1068,12
10(9) Unlawful transfer of evidence of registration. (a) Except as authorized
11by the department, no person may transfer to another person or offer for sale a
12registration plate, decal or other evidence of registration issued by the department.
AB133-ASA1,1068,1413
(b) No person may transfer to another person or offer for sale a counterfeit,
14forged or fictitious registration plate, decal or other evidence of registration.
AB133-ASA1,1068,1615
(c) Whoever violates par. (a) or (b) may be fined not more than $5,000 or
16imprisoned for not more than 7 years and 6 months, or both, for each violation.
AB133-ASA1,1068,18
17(10) Improper use of evidence of registration. Any person who does any of
18the following may be required to forfeit not more than $500:
AB133-ASA1,1068,2119
(a) Lends to another a registration plate, decal or other evidence of registration
20for display upon a mobile home for which the plate, tag, decal or other evidence of
21registration has not been issued.
AB133-ASA1,1068,2422
(b) Displays upon a mobile home a registration plate, decal or other evidence
23of registration not issued for such mobile home or not otherwise authorized by law
24to be used thereon.
AB133-ASA1,1069,7
1(c) Wilfully twists, paints, alters or adds to or cuts off any portion of a
2registration plate, decal or other evidence of registration; or who places or deposits,
3or causes to be placed or deposited on such plate, decal or other evidence of
4registration any substance to hinder the normal reading of such plate, decal or other
5evidence of registration; or who defaces, disfigures, covers, obstructs, changes or
6attempts to change any letter or figure thereon; or who causes such plate, decal or
7other evidence of registration to appear to be a different color.
AB133-ASA1,1069,98
(d) Possesses a fraudulently or unlawfully obtained registration plate, insert
9tag, decal or other evidence of registration.
AB133-ASA1,1069,1110
(e) Possesses a counterfeit registration plate, decal or other evidence of
11registration.
AB133-ASA1,1069,15
12(11) Reproducing evidence of registration prohibited. Except as authorized
13by the department, any person who reproduces, by any means whatever, a
14registration plate, decal or other evidence of registration shall forfeit not less than
15$200 nor more than $500.
AB133-ASA1,1069,19
16(12) False evidence of registration. Whoever possesses a mobile home having
17attached thereto any plate or similar device fashioned in imitation or facsimile of or
18altered so as to resemble a registration plate issued by the department may be
19required to forfeit not more than $500.
AB133-ASA1,1069,21
20(13) When registration to be suspended. (a) The department shall suspend
21the registration of a mobile home when:
AB133-ASA1,1069,2322
1. The registration was completed through fraud or error and the person who
23registered the mobile home does not or cannot register the mobile home properly.
AB133-ASA1,1069,2524
2. The required fee has not been paid and the same is not paid upon reasonable
25notice and demand.
AB133-ASA1,1070,3
1(b) Any registration suspended under this subsection continues to be
2suspended until reinstated by the department. The department shall reinstate the
3registration when the reason for the suspension has been removed.
AB133-ASA1,1070,84
(c) Whenever the registration of a mobile home is suspended under this
5subsection, the department may order the owner or person in possession of the
6registration plates to return them to the department. Any person who fails to return
7the plates when ordered to do so by the department may be required to forfeit not
8more than $200.
AB133-ASA1,1070,1710
101.94
(8) (a)
A Except as provided in par. (c), a person who violates this
11subchapter
or, a rule
promulgated under this subchapter or
an order issued under
12this subchapter shall forfeit not more than $1,000 for each violation. Each violation
13of this subchapter constitutes a separate violation with respect to each
14manufactured home or mobile home or with respect to each failure or refusal to allow
15or perform an act required by this subchapter, except the maximum forfeiture under
16this subsection may not exceed $1,000,000 for a related series of violations occurring
17within one year of the first violation.
AB133-ASA1,1070,2219
101.94
(8) (c) A person who violates s. 101.935, a rule promulgated under s.
20101.935 or an order issued under s. 101.935 may be required to forfeit not less than
21$10 nor more than $250 for each violation. Each day of continued violation
22constitutes a separate violation.
AB133-ASA1,1071,3
1101.951 Mobile home dealers regulated. (1) No person may engage in the
2business of selling mobile homes to a consumer or to the retail market in this state
3unless first licensed to do so by the department as provided in this section.
AB133-ASA1,1071,6
4(2) (a) Application for a license or a renewal license shall be made to the
5department on forms prescribed and furnished by the department, accompanied by
6the license fee required under par. (c) or (d).
AB133-ASA1,1071,87
(b) 1. The department shall, by rule, establish the license period under this
8section.
AB133-ASA1,1071,109
2. The department may promulgate rules establishing a uniform expiration
10date for all licenses issued under this section.
AB133-ASA1,1071,1311
(c) Except as provided in par. (d), the fee for a license issued under this section
12equals $50 multiplied by the number of years in the license period. The fee shall be
13prorated if the license period is not evenly divisible into years.
AB133-ASA1,1071,1814
(d) If the department issues a license under this section during the license
15period, the fee for the license shall equal $50 multiplied by the number of calendar
16years, including parts of calendar years, during which the license remains in effect.
17A fee determined under this paragraph may not exceed the license fee for the entire
18license period under par. (c).
AB133-ASA1,1071,24
19(3) The department shall issue a license only to a person whose character,
20fitness and financial ability, in the opinion of the department, are such as to justify
21the belief that the person can and will deal with and serve the buying public fairly
22and honestly, will maintain a permanent office and place of business in this state
23during the license year and will abide by all of the provisions of law and lawful orders
24of the department.
AB133-ASA1,1072,2
1(5) A licensee shall conduct the licensed business continuously during the
2license year.
AB133-ASA1,1072,4
3(6) The department may deny, suspend or revoke a license on any of the
4following grounds:
AB133-ASA1,1072,55
(a) Proof of unfitness.
AB133-ASA1,1072,66
(b) A material misstatement in the application for the license.
AB133-ASA1,1072,87
(c) Filing a materially false or fraudulent income or franchise tax return as
8certified by the department of revenue.
AB133-ASA1,1072,109
(d) Wilful failure to comply with any provision of this section or any rule
10promulgated by the department under this section.
AB133-ASA1,1072,1111
(e) Wilfully defrauding any retail buyer to the buyer's damage.
AB133-ASA1,1072,1212
(f) Wilful failure to perform any written agreement with any retail buyer.
AB133-ASA1,1072,1313
(g) Failure or refusal to furnish and keep in force any bond required.
AB133-ASA1,1072,1414
(h) Having made a fraudulent sale, transaction or repossession.
AB133-ASA1,1072,1715
(i) Fraudulent misrepresentation, circumvention or concealment, through any
16subterfuge or device, of any of the material particulars or the nature thereof required
17hereunder to be stated or furnished to the retail buyer.
AB133-ASA1,1072,2018
(j) Use of fraudulent devices, methods or practices in connection with
19compliance with the statutes with respect to the retaking of goods under retail
20instalment contracts and the redemption and resale of such goods.
AB133-ASA1,1072,2121
(k) Having indulged in any unconscionable practice relating to said business.
AB133-ASA1,1072,2322
(m) Having sold a retail instalment contract to a sales finance company, as
23defined in s. 218.01 (1) (v), that is not licensed under s. 218.01.
AB133-ASA1,1072,2524
(n) Having violated any law relating to the sale, distribution or financing of
25mobile homes.
AB133-ASA1,1073,7
1(7) (a) The department of commerce may, without notice, deny the application
2for a license within 60 days after receipt thereof by written notice to the applicant,
3stating the grounds for the denial. Within 30 days after such notice, the applicant
4may petition the department of administration to conduct a hearing to review the
5denial, and a hearing shall be scheduled with reasonable promptness. The division
6of hearings and appeals shall conduct the hearing. This paragraph does not apply
7to denials of applications for licenses under s. 101.02 (21).
AB133-ASA1,1073,198
(b) No license may be suspended or revoked except after a hearing thereon. The
9department of commerce shall give the licensee at least 5 days' notice of the time and
10place of the hearing. The order suspending or revoking such license shall not be
11effective until after 10 days' written notice thereof to the licensee, after such hearing
12has been had; except that the department of commerce, when in its opinion the best
13interest of the public or the trade demands it, may suspend a license upon not less
14than 24 hours' notice of hearing and with not less than 24 hours' notice of the
15suspension of the license. Matters involving suspensions and revocations brought
16before the department of commerce shall be heard and decided upon by the
17department of administration. The division of hearings and appeals shall conduct
18the hearing. This paragraph does not apply to licenses that are suspended or revoked
19under s. 101.02 (21).