Amendment SSA1-AB133

AB133-SSA1,1063,7 101.9223 Registration of mobile homes. (1) Definition. In this section, "owner" means, with respect to a mobile home that is leased to a lessee for a period of one year or more, the lessee of the mobile home for purposes of mobile home registration under this section.

AB133-SSA1,1063,10 (2) Application for registration. (a) Application for original registration and for renewal of registration shall be made to the department upon forms prescribed by it and shall be accompanied by the required fee.

AB133-SSA1,1063,12 (b) Applications for original registration of a mobile home shall contain the following information:

AB133-SSA1,1063,13 1. The name of the owner.

AB133-SSA1,1063,14 2. If the owner under subd. 1. is a lessee, the name of the lessor.

AB133-SSA1,1063,17 3. The name of the town, city or village in which the owner resides and, if the owner resides in a 1st or 2nd class city, the owner's true residential or business address.

AB133-SSA1,1063,20 4. If applicable, the name of the town, city or village in which the lessor resides and, if the lessor resides in a 1st or 2nd class city, the lessor's true residential or business address.

AB133-SSA1,1063,23 5. A description of the mobile home, including make, model, identification number and any other information which the department may reasonably require for proper identification of the mobile home.

AB133-SSA1,1063,25 6. The city, village or town and the county in which the mobile home is customarily situated.

AB133-SSA1,1064,3 7. Such further information as the department may reasonably require to enable it to determine whether the mobile home is by law entitled to registration or to enable it to determine the proper applicant or registration fee for the mobile home.

AB133-SSA1,1064,8 (c) The department may accept an application and complete registration of a mobile home when the evidence of ownership is held by a nonresident lienholder or for other reason is not immediately available and the department is satisfied as to ownership of the mobile home. The title fee shall be collected at the time of registration and retained even though certificate of title is not issued.

AB133-SSA1,1064,15 (d) Applications for renewal of registration shall contain the information required in par. (b) for original applications or such parts thereof as the department considers necessary to ensure the proper registration of the mobile home. The department may require that applications for renewal of registration be accompanied by the certificate of title issued for the mobile home only when the true ownership or proper registration of the mobile home is in doubt and cannot be resolved from records maintained by the department.

AB133-SSA1,1064,19 (e) At least 30 days prior to the expiration of a mobile home's registration, the department shall mail to the last-known address of the registrant a notice of the date upon which the registration must be renewed and an application form for renewal of registration.

AB133-SSA1,1064,21 (f) The department shall supply the clerk of each county with blank application forms for original registration of mobile homes.

AB133-SSA1,1065,2 (g) If the applicant for a certificate of registration is under 18 years of age, the application shall be accompanied by a statement made and signed by either of the applicant's parents, if such parent has custody of the minor; or, if neither parent has custody, then by the person having custody, stating that the applicant has the signer's consent to register the mobile home in the applicant's name. Any person who violates this subsection may be required to forfeit not more than $200.

AB133-SSA1,1065,9 (h) A mobile home's registration does not expire on the date of expiration of its registration if, on that date of expiration, the registrant is on active duty in the U.S. armed forces and is absent from this state. Any registration extended under this paragraph expires 30 days after the registrant returns to this state or 90 days after the registrant is discharged from active duty, whichever is earlier. If a registration is renewed after an extension under this subsection, the renewal period shall begin on the day after the date of expiration of registration.

AB133-SSA1,1065,11 (3) Grounds for refusing registration. The department shall refuse registration of a mobile home under any of the following circumstances:

AB133-SSA1,1065,17 (a) The required state fee and any municipal mobile home registration fee imposed by the town, village or city in which the mobile home is customarily situated has not been paid for the mobile home, and the department may refuse registration of a mobile home if such fees for the current period or for any previous period for which payment of a registration fee is required by law have not been paid on any other mobile homes owned by the applicant for registration.

AB133-SSA1,1065,18 (b) The applicant has failed to furnish any of the following:

AB133-SSA1,1065,20 1. If applicable, the power of attorney required under 15 USC 1988 or rules of the department.

AB133-SSA1,1065,22 2. Other information or documents required by law or by the department pursuant to authority of law.

AB133-SSA1,1066,2 (c) A certificate of title is a prerequisite to registration of the mobile home and, except for an applicant who is the lessee of a mobile home, a valid certificate of title has not been issued to the applicant for the mobile home and the applicant is not entitled to the issuance of a certificate of title.

AB133-SSA1,1066,4 (d) A court has notified the department under s. 345.47 (1) (d) that a judgment has been entered against the applicant and the judgment remains unpaid.

AB133-SSA1,1066,11 (4) Contents and issuance of certificate of registration; issuance of duplicate certificate. (a) Except as provided in par. (b) the department upon registering a mobile home shall issue and deliver to the owner a certificate of registration. The certificate shall contain the name, residence and address of the owner, a brief description of the mobile home, the registration number assigned and the date of expiration of registration. The certificate shall be in such form and may contain such additional information as the department considers advisable.

AB133-SSA1,1066,14 (b) The department shall issue a duplicate certificate of registration upon application therefor by any person in whose name the mobile home is registered and upon payment of a fee of $2.

AB133-SSA1,1066,18 (5) Design, procurement and issuance of registration plates. (a) The department upon registering a mobile home under this section shall issue and deliver prepaid to the applicant one registration plate, unless the department determines that 2 plates will better serve the interests of law enforcement.

AB133-SSA1,1066,25 (b) The department shall purchase plates from the Waupun correctional institution unless otherwise approved by the governor. Subject to any specific requirements which may be imposed by statute, the department shall determine the size, color and design of registration plates with a view toward making them visible evidence of the period for which the mobile home is registered and the fee class into which the mobile home falls as well as making them a ready means of identifying the specific mobile home or owner for which the plates were issued.

AB133-SSA1,1067,1 (c) All registration plates shall have displayed upon them the following:

AB133-SSA1,1067,3 1. The registration number assigned to the mobile home or owner. The registration number shall be composed of numbers or letters or both.

AB133-SSA1,1067,4 2. The name "Wisconsin" or abbreviation "Wis".

AB133-SSA1,1067,6 3. An indication of the period for which the specific plate is issued or the date of expiration of registration.

AB133-SSA1,1067,11 (6) Issuance of replacement plate. (a) Whenever a current registration plate is lost or destroyed, the owner of the mobile home to which the plate was attached shall immediately apply to the department for replacement. Upon satisfactory proof of the loss or destruction of the plate and upon payment of a fee of $2 for each plate, the department shall issue a replacement.

AB133-SSA1,1067,16 (b) Whenever a current registration plate becomes illegible, the owner of the mobile home to which the plate is attached shall apply to the department for a replacement. Upon receipt of satisfactory proof of illegibility, and upon payment of a fee of $2 for each plate, the department shall issue a replacement. Upon receipt of a replacement plate, the applicant shall destroy the illegible plate.

AB133-SSA1,1067,20 (c) When issuing a replacement plate, the department may assign a new number and issue a new plate rather than a duplicate of the original if in its judgment that is in the best interests of economy or prevention of fraud. Upon receipt of a replacement plate, the applicant shall destroy all plates replaced.

AB133-SSA1,1067,22 (d) Any person issued replacement plates who fails to destroy the original plates as required by par. (b) or (c) may be required to forfeit not more than $200.

AB133-SSA1,1067,25 (e) This subsection does not apply to plates issued pursuant to the law pertaining to the registration of mobile home dealers, distributors, as defined in s. 340.01 (14), mobile home manufacturers or transporters, as defined in s. 340.01 (72).

AB133-SSA1,1068,3 (7) Annual registration fees. An applicant for registration under this section shall pay a fee of $15 to the department for the annual registration of each mobile home.

AB133-SSA1,1068,9 (8) Fraudulent application for registration or license. Any person who gives a false or fictitious name, address or location where a mobile home is customarily situated in an application for license or registration or who makes application for license or registration in the name of a person other than the true owner, or true owner and lessee, may be fined not more than $200 or imprisoned for not more than 6 months or both.

AB133-SSA1,1068,12 (9) Unlawful transfer of evidence of registration. (a) Except as authorized by the department, no person may transfer to another person or offer for sale a registration plate, decal or other evidence of registration issued by the department.

AB133-SSA1,1068,14 (b) No person may transfer to another person or offer for sale a counterfeit, forged or fictitious registration plate, decal or other evidence of registration.

AB133-SSA1,1068,16 (c) Whoever violates par. (a) or (b) may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months, or both, for each violation.

AB133-SSA1,1068,18 (10) Improper use of evidence of registration. Any person who does any of the following may be required to forfeit not more than $500:

AB133-SSA1,1068,21 (a) Lends to another a registration plate, decal or other evidence of registration for display upon a mobile home for which the plate, tag, decal or other evidence of registration has not been issued.

AB133-SSA1,1068,24 (b) Displays upon a mobile home a registration plate, decal or other evidence of registration not issued for such mobile home or not otherwise authorized by law to be used thereon.

AB133-SSA1,1069,7 (c) Wilfully twists, paints, alters or adds to or cuts off any portion of a registration plate, decal or other evidence of registration; or who places or deposits, or causes to be placed or deposited on such plate, decal or other evidence of registration any substance to hinder the normal reading of such plate, decal or other evidence of registration; or who defaces, disfigures, covers, obstructs, changes or attempts to change any letter or figure thereon; or who causes such plate, decal or other evidence of registration to appear to be a different color.

AB133-SSA1,1069,9 (d) Possesses a fraudulently or unlawfully obtained registration plate, insert tag, decal or other evidence of registration.

AB133-SSA1,1069,11 (e) Possesses a counterfeit registration plate, decal or other evidence of registration.

AB133-SSA1,1069,15 (11) Reproducing evidence of registration prohibited. Except as authorized by the department, any person who reproduces, by any means whatever, a registration plate, decal or other evidence of registration shall forfeit not less than $200 nor more than $500.

AB133-SSA1,1069,19 (12) False evidence of registration. Whoever possesses a mobile home having attached thereto any plate or similar device fashioned in imitation or facsimile of or altered so as to resemble a registration plate issued by the department may be required to forfeit not more than $500.

AB133-SSA1,1069,21 (13) When registration to be suspended. (a) The department shall suspend the registration of a mobile home when:

AB133-SSA1,1069,23 1. The registration was completed through fraud or error and the person who registered the mobile home does not or cannot register the mobile home properly.

AB133-SSA1,1069,25 2. The required fee has not been paid and the same is not paid upon reasonable notice and demand.

AB133-SSA1,1070,3 (b) Any registration suspended under this subsection continues to be suspended until reinstated by the department. The department shall reinstate the registration when the reason for the suspension has been removed.

AB133-SSA1,1070,8 (c) Whenever the registration of a mobile home is suspended under this subsection, the department may order the owner or person in possession of the registration plates to return them to the department. Any person who fails to return the plates when ordered to do so by the department may be required to forfeit not more than $200.

AB133-SSA1, s. 1998tp Section 1998tp. 101.94 (8) (a) of the statutes is amended to read:

AB133-SSA1,1070,17 101.94 (8) (a) A Except as provided in par. (c), a person who violates this subchapter or, a rule promulgated under this subchapter or an order issued under this subchapter shall forfeit not more than $1,000 for each violation. Each violation of this subchapter constitutes a separate violation with respect to each manufactured home or mobile home or with respect to each failure or refusal to allow or perform an act required by this subchapter, except the maximum forfeiture under this subsection may not exceed $1,000,000 for a related series of violations occurring within one year of the first violation.

AB133-SSA1, s. 1998tt Section 1998tt. 101.94 (8) (c) of the statutes is created to read:

AB133-SSA1,1070,22 101.94 (8) (c) A person who violates s. 101.935, a rule promulgated under s. 101.935 or an order issued under s. 101.935 may be required to forfeit not less than $10 nor more than $250 for each violation. Each day of continued violation constitutes a separate violation.

AB133-SSA1, s. 1998tx Section 1998tx. 101.951 of the statutes is created to read:

AB133-SSA1,1071,3 101.951 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.

AB133-SSA1,1071,6 (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).

AB133-SSA1,1071,8 (b) 1. The department shall, by rule, establish the license period under this section.

AB133-SSA1,1071,10 2. The department may promulgate rules establishing a uniform expiration date for all licenses issued under this section.

AB133-SSA1,1071,13 (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.

AB133-SSA1,1071,18 (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).

AB133-SSA1,1071,24 (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.

AB133-SSA1,1072,2 (5) A licensee shall conduct the licensed business continuously during the license year.

AB133-SSA1,1072,4 (6) The department may deny, suspend or revoke a license on any of the following grounds:

AB133-SSA1,1072,5 (a) Proof of unfitness.

AB133-SSA1,1072,6 (b) A material misstatement in the application for the license.

AB133-SSA1,1072,8 (c) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue.

AB133-SSA1,1072,10 (d) Wilful failure to comply with any provision of this section or any rule promulgated by the department under this section.

AB133-SSA1,1072,11 (e) Wilfully defrauding any retail buyer to the buyer's damage.

AB133-SSA1,1072,12 (f) Wilful failure to perform any written agreement with any retail buyer.

AB133-SSA1,1072,13 (g) Failure or refusal to furnish and keep in force any bond required.

AB133-SSA1,1072,14 (h) Having made a fraudulent sale, transaction or repossession.

AB133-SSA1,1072,17 (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.

AB133-SSA1,1072,20 (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.

AB133-SSA1,1072,21 (k) Having indulged in any unconscionable practice relating to said business.

AB133-SSA1,1072,23 (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.

AB133-SSA1,1072,25 (n) Having violated any law relating to the sale, distribution or financing of mobile homes.

AB133-SSA1,1073,7 (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).

AB133-SSA1,1073,19 (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).

AB133-SSA1,1073,24 (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.

AB133-SSA1,1074,2 (8) Any person who violates any provision of this section shall be fined not less than $25 nor more than $100 for each offense.

AB133-SSA1, s. 1998xc Section 1998xc. 101.952 of the statutes is created to read:

AB133-SSA1,1074,8 101.952 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.

AB133-SSA1,1074,13 (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.

AB133-SSA1,1074,15 (b) 1. The department shall, by rule, establish the license period under this section.