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).
AB133-ASA1,1073,2420
(c) The department of commerce may inspect the pertinent books, records,
21letters and contracts of a licensee. The actual cost of each such examination shall
22be paid by such licensee so examined within 30 days after demand therefor by the
23department, and the department may maintain an action for the recovery of such
24costs in any court of competent jurisdiction.
AB133-ASA1,1074,2
1(8) Any person who violates any provision of this section shall be fined not less
2than $25 nor more than $100 for each offense.
AB133-ASA1,1074,8
4101.952 Mobile home salespersons regulated. (1) No person may engage
5in the business of selling mobile homes to a consumer or to the retail market in this
6state without a license therefor from the department. If a mobile home dealer acts
7as a mobile home salesperson the dealer shall secure a mobile home salesperson's
8license in addition to the license for engaging as a mobile home dealer.
AB133-ASA1,1074,13
9(2) (a) Applications for a mobile home salesperson's license and renewals
10thereof shall be made to the department on such forms as the department prescribes
11and furnishes and shall be accompanied by the license fee required under par. (c) or
12(d). The application shall include the applicant's social security number. In addition,
13the application shall require such pertinent information as the department requires.
AB133-ASA1,1074,1514
(b) 1. The department shall, by rule, establish the license period under this
15section.
AB133-ASA1,1074,1716
2. The department may promulgate rules establishing a uniform expiration
17date for all licenses issued under this section.
AB133-ASA1,1074,2018
(c) Except as provided in par. (d), the fee for a license issued under this section
19equals $4 multiplied by the number of years in the license period. The fee shall be
20prorated if the license period is not evenly divisible into years.
AB133-ASA1,1074,2521
(d) If the department issues a license under this section during the license
22period, the fee for the license shall equal $4 multiplied by the number of calendar
23years, including parts of calendar years, during which the license remains in effect.
24A fee determined under this paragraph may not exceed the license fee for the entire
25license period under par. (c).
AB133-ASA1,1075,5
1(3) Every licensee shall carry his or her license when engaged in his or her
2business and display the same upon request. The license shall name his or her
3employer, and, in case of a change of employer, the mobile home salesperson shall
4immediately mail his or her license to the department, which shall endorse that
5change on the license without charge.
AB133-ASA1,1075,10
6(5) The provision of s. 218.01 (3) relating to the denial, suspension and
7revocation of a motor vehicle salesperson's license shall apply to the denial,
8suspension and revocation of a mobile home salesperson's license so far as applicable,
9except that such provision does not apply to the denial, suspension or revocation of
10a license under s. 101.02 (21) (b).
AB133-ASA1,1075,13
11(6) The provisions of s. 218.01 (3) (g) and (5) shall apply to this section, mobile
12home sales practices and the regulation of mobile home salespersons, as far as
13applicable.
AB133-ASA1,1075,21
15101.953 Warranty and disclosure. (1) A one-year written warranty is
16required for every new mobile home sold, or leased to another, by a mobile home
17manufacturer, mobile home dealer or mobile home salesperson in this state, and for
18every new mobile home sold by any person who induces a resident of the state to enter
19into the transaction by personal solicitation in this state or by mail or telephone
20solicitation directed to the particular consumer in this state. The warranty shall
21state all of the following:
AB133-ASA1,1075,2422
(a) That the mobile home meets those standards prescribed by law or
23administrative rule of the department of administration or of the department of
24commerce, which are in effect at the time of the manufacture of the mobile home.
AB133-ASA1,1076,3
1(b) That the mobile home is free from defects in material and workmanship and
2is reasonably fit for human habitation if it receives reasonable care and maintenance
3as defined by rule of the department.
AB133-ASA1,1076,124
(c) 1. That the mobile home manufacturer and mobile home dealer shall take
5corrective action for defects which become evident within one year from the delivery
6date and as to which the mobile home owner has given notice to the manufacturer
7or dealer not later than one year and 10 days after the delivery date and at the
8address set forth in the warranty; and that the mobile home manufacturer and
9mobile home dealer shall make the appropriate adjustments and repairs, within 30
10days after notification of the defect, at the site of the mobile home without charge to
11the mobile home owner. If the mobile home dealer makes the adjustment, the mobile
12home manufacturer shall fully reimburse the dealer.
AB133-ASA1,1076,2113
2. If a repair, replacement, substitution or alteration is made under the
14warranty and it is discovered, before or after expiration of the warranty period, that
15the repair, replacement, substitution or alteration has not restored the mobile home
16to the condition in which it was warranted except for reasonable wear and tear, such
17failure shall be considered a violation of the warranty and the mobile home shall be
18restored to the condition in which it was warranted to be at the time of the sale except
19for reasonable wear and tear, at no cost to the purchaser or the purchaser's assignee
20notwithstanding that the additional repair may occur after the expiration of the
21warranty period.
AB133-ASA1,1076,2422
(d) That if during any period of time after notification of a defect the mobile
23home is uninhabitable, as defined by rule of the department, that period of time shall
24not be considered part of the one-year warranty period.
AB133-ASA1,1076,2525
(e) A list of all parts and equipment not covered by the warranty.
AB133-ASA1,1077,2
1(2) Action by a lessee to enforce the lessee's rights under this subchapter shall
2not be grounds for termination of the rental agreement.
AB133-ASA1,1077,9
3(3) The warranty required under this section shall apply to the manufacturer
4of the mobile home as well as to the mobile home dealer who sells or leases the mobile
5home to the consumer, and shall be in addition to any other rights and privileges that
6the consumer may have under any instrument or law. The waiver of any remedies
7under any law and the waiver, exclusion, modification or limitation of any warranty,
8express or implied, including the implied warranty of merchantability and fitness for
9a particular purpose, is expressly prohibited. Any such waiver is void.
AB133-ASA1,1077,14
10(4) The transfer of a mobile home from one mobile home owner to another
11during the effective period of the warranty does not terminate the warranty, and
12subsequent mobile home owners shall be entitled to the full protection of the
13warranty for the duration of the warranty period as if the original mobile home owner
14had not transferred the mobile home.
AB133-ASA1,1077,19
16101.954 Sale or lease of used mobile homes. In the sale or lease of any used
17mobile home, the sales invoice or lease agreement shall contain the point of
18manufacture of the used mobile home, the name of the manufacturer and the name
19and address of the previous mobile home owner.
AB133-ASA1,1078,2
21101.955 Jurisdiction and venue over out-of-state manufacturers. (1) 22The importation of a mobile home for sale in this state by an out-of-state
23manufacturer is considered an irrevocable appointment by that manufacturer of the
24department of financial institutions to be that manufacturer's true and lawful
25attorney upon whom may be served all legal processes in any action or proceeding
1against such manufacturer arising out of the importation of such mobile home into
2this state.
AB133-ASA1,1078,10
3(2) The department of financial institutions upon whom processes and notices
4may be served under this section shall, upon being served with such process or notice,
5mail a copy by registered mail to the out-of-state manufacturer at the nonresident
6address given in the papers so served. The original shall be returned with proper
7certificate of service attached for filing in court as proof of service. The service fee
8shall be $4 for each defendant so served. The department of financial institutions
9shall keep a record of all such processes and notices, which record shall show the day
10and hour of service.
AB133-ASA1,1078,14
12101.965 Penalties. (1) Any person who violates ss. 101.953 to 101.955, or any
13rule promulgated under ss. 101.953 to 101.955, may be fined not more than $1,000
14or imprisoned for not more than 6 months or both.
AB133-ASA1,1078,17
15(2) In any court action brought by the department for violations of this
16subchapter, the department may recover all costs of testing and investigation, in
17addition to costs otherwise recoverable, if it prevails in the action.
AB133-ASA1,1078,23
18(3) Nothing in this subchapter prohibits the bringing of a civil action against
19a mobile home manufacturer, mobile home dealer or mobile home salesperson by an
20aggrieved consumer. If judgment is rendered for the consumer based on an act or
21omission by the mobile home manufacturer, mobile home dealer or mobile home
22salesperson, which constituted a violation of this subchapter, the plaintiff shall
23recover actual and proper attorney fees in addition to costs otherwise recoverable.