Amendment SSA1-SB45

SB45-SSA1, s. 2342cL Section 2342cL. 218.10 (1m) of the statutes is created to read:

SB45-SSA1,1186,19 218.10 (1m) "Department" means the department of transportation, unless the context requires otherwise.

SB45-SSA1, s. 2342cp Section 2342cp. 218.10 (1t) of the statutes is repealed.

SB45-SSA1, s. 2342ct Section 2342ct. 218.10 (2) of the statutes is repealed.

SB45-SSA1, s. 2342cx Section 2342cx. 218.10 (3) of the statutes is renumbered 218.10 (1g), and 218.10 (1g) (intro.) and (e), as renumbered, are amended to read:

SB45-SSA1,1187,4 218.10 (1g) (intro.) "Mobile home dealer" "Dealer", unless the context requires otherwise, 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 a recreational vehicle or who is engaged wholly or in part in the business of selling mobile homes recreational vehicles, whether or not the mobile homes recreational vehicles are owned by the person, but does not include:

SB45-SSA1,1187,7 (e) A person transferring a mobile home recreational vehicle registered in that person's name and 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.

SB45-SSA1, s. 2342gc Section 2342gc. 218.10 (4) of the statutes is renumbered 218.10 (1x) and amended to read:

SB45-SSA1,1187,12 218.10 (1x) "Mobile home manufacturer" "Manufacturer" means any person within or without this state who manufactures or assembles mobile homes recreational vehicles for sale in this state.

SB45-SSA1, s. 2342gg Section 2342gg. 218.10 (5) of the statutes is repealed.

SB45-SSA1, s. 2342gi Section 2342gi. 218.10 (6) of the statutes is renumbered 218.10 (8t) and amended to read:

SB45-SSA1,1187,18 218.10 (8t) "Mobile home salesperson" "Salesperson", unless the context requires otherwise, means any person who is employed by a mobile home manufacturer or dealer to sell or lease mobile homes recreational vehicles.

SB45-SSA1, s. 2342gL Section 2342gL. 218.10 (7) of the statutes is amended to read:

SB45-SSA1,1187,22 218.10 (7) "New mobile home recreational vehicle" means a mobile home recreational vehicle which has never been occupied, used or sold for personal or business use.

SB45-SSA1, s. 2342gp Section 2342gp. 218.10 (8) of the statutes is repealed.

SB45-SSA1, s. 2342gt Section 2342gt. 218.10 (8m) of the statutes is amended to read:

SB45-SSA1,1188,2 218.10 (8m) "Recreational vehicle" means a mobile home, as defined in s. 340.01 (29), that does not exceed the statutory size under s. 348.07 (2).

SB45-SSA1, s. 2342gx Section 2342gx. 218.10 (9) of the statutes is amended to read:

SB45-SSA1,1188,6 218.10 (9) "Used mobile home recreational vehicle" means a mobile home recreational vehicle which has previously been occupied, used or sold for personal or business use.

SB45-SSA1, s. 2342Lc Section 2342Lc. 218.101 of the statutes is repealed.

SB45-SSA1, s. 2342Lg Section 2342Lg. 218.11 (title) of the statutes is amended to read:

SB45-SSA1,1188,9 218.11 (title) Mobile home Recreational vehicle dealers regulated.

SB45-SSA1, s. 2342LL Section 2342LL. 218.11 (1) of the statutes is amended to read:

SB45-SSA1,1188,13 218.11 (1) No person may engage in the business of selling mobile homes to the ultimate recreational vehicles to a consumer or to the retail market in this state unless first licensed to do so by the licensor as herein provided department.

SB45-SSA1, s. 2342Lp Section 2342Lp. 218.11 (2) (b) and (d) of the statutes are amended to read:

SB45-SSA1,1188,16 218.11 (2) (b) 1. The licensor department shall promulgate rules establishing the license period under this section.

SB45-SSA1,1188,18 2. The licensor department may promulgate rules establishing a uniform expiration date for all licenses issued under this section.

SB45-SSA1,1188,23 (d) If the licensor 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).

SB45-SSA1, s. 2342Lt Section 2342Lt. 218.11 (3) of the statutes is amended to read:

SB45-SSA1,1189,6 218.11 (3) A license shall be issued only to persons whose character, fitness and financial ability, in the opinion of the licensor department, is such as to justify the belief that they can and will deal with and serve the buying public fairly and honestly, will maintain a permanent office and place of business and an adequate service and parts department during the license year, and will abide by all the provisions of law and lawful orders of the licensor department.

SB45-SSA1, s. 2342Lx Section 2342Lx. 218.11 (6) (intro.) and (d) of the statutes are amended to read:

SB45-SSA1,1189,9 218.11 (6) (intro.)   The licensor department may deny, suspend or revoke a license on the following grounds:

SB45-SSA1,1189,11 (d) Wilful failure to comply with any provision of this section or any rule promulgated by the licensor department under this section.

SB45-SSA1, s. 2342pc Section 2342pc. 218.11 (6) (n) of the statutes is amended to read:

SB45-SSA1,1189,14 218.11 (6) (n) Having violated any law relating to the sale, distribution or financing of mobile homes recreational vehicles.

SB45-SSA1, s. 2342pg Section 2342pg. 218.11 (7) of the statutes is amended to read:

SB45-SSA1,1189,23 218.11 (7) (a) The licensor department 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 such denial. Within 30 days after such notice, the applicant may petition the department of administration division of hearings and appeals, as defined in s. 218.01 (1) (gm), to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. If the licensor is the department of transportation, the division of hearings and appeals shall conduct the hearing. This paragraph does not apply to denials of applications for licenses under sub. (6m).

SB45-SSA1,1190,10 (b) No license may be suspended or revoked except after a hearing thereon. The licensor department shall give the licensee at least 5 days' notice of the time and place of such 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 licensor department, 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 licensor shall be heard and decided upon by the department of administration. If the licensor is the department of transportation, the division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are suspended under sub. (6m).

SB45-SSA1,1190,15 (c) The licensor department 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 licensor, department and the licensor department may maintain an action for the recovery of such costs in any court of competent jurisdiction.

SB45-SSA1, s. 2342pL Section 2342pL. 218.12 (title) of the statutes is amended to read:

SB45-SSA1,1190,18 218.12 (title) Mobile home dealer Recreational vehicle salespersons regulated.

SB45-SSA1, s. 2342pp Section 2342pp. 218.12 (1) of the statutes is amended to read:

SB45-SSA1,1190,24 218.12 (1) No person may engage in the business of selling mobile homes to the ultimate recreational vehicles to a consumer or to the retail market in this state without a license therefor from the licensor 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.

SB45-SSA1, s. 2342pt Section 2342pt. 218.12 (2) (a) of the statutes is amended to read:

SB45-SSA1,1191,6 218.12 (2) (a) Applications for mobile home a salesperson's license and renewals thereof shall be made to the licensor department on such forms as the licensor 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 licensor department requires.

SB45-SSA1, s. 2342px Section 2342px. 218.12 (2) (b) and (d) of the statutes are amended to read:

SB45-SSA1,1191,9 218.12 (2) (b) 1. The licensor department shall promulgate rules establishing the license period under this section.

SB45-SSA1,1191,11 2. The licensor department may promulgate rules establishing a uniform expiration date for all licenses issued under this section.

SB45-SSA1,1191,16 (d) If the licensor 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).

SB45-SSA1, s. 2342tc Section 2342tc. 218.12 (3) of the statutes is amended to read:

SB45-SSA1,1191,22 218.12 (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 salesperson shall immediately mail his or her license to the licensor who department, which shall endorse such change on the license without charge.

SB45-SSA1, s. 2342tg Section 2342tg. 218.12 (5) of the statutes is amended to read:

SB45-SSA1,1192,3 218.12 (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 sub. (3m).

SB45-SSA1, s. 2342tL Section 2342tL. 218.12 (6) of the statutes is amended to read:

SB45-SSA1,1192,7 218.12 (6) The provisions of s. 218.01 (3) (g) and (5) shall apply to this section, mobile home recreational vehicle sales practices and the regulation of travel trailer or mobile home recreational vehicle salespersons, as far as applicable.

SB45-SSA1, s. 2342tp Section 2342tp. 218.14 of the statutes is repealed.

SB45-SSA1, s. 2342tt Section 2342tt. 218.15 of the statutes is amended to read:

SB45-SSA1,1192,14 218.15 (title) Sale or lease of used primary housing units recreational vehicles. In the sale or lease of any used primary housing unit recreational vehicle, the sales invoice or lease agreement shall contain the point of manufacture of the used primary housing unit recreational vehicle, the name of the manufacturer and the name and address of the previous owner.

SB45-SSA1, s. 2342tx Section 2342tx. 218.16 of the statutes is repealed.

SB45-SSA1, s. 2342xc Section 2342xc. 218.165 of the statutes is repealed.

SB45-SSA1, s. 2342xg Section 2342xg. 218.17 (1) of the statutes is repealed.

SB45-SSA1, s. 2342xL Section 2342xL. 218.17 (2) of the statutes is amended to read:

SB45-SSA1,1192,21 218.17 (2) In any court action brought by the licensor department for violations of this subchapter, the licensor department may recover all costs of testing and investigation, in addition to costs otherwise recoverable, if it prevails in the action.

SB45-SSA1, s. 2342xp Section 2342xp. 218.17 (3) of the statutes is amended to read:

SB45-SSA1,1193,3 218.17 (3) Nothing in this subchapter prohibits the an aggrieved customer from bringing of a civil action against a mobile home manufacturer, dealer or salesperson by an aggrieved customer. If judgment is rendered for the customer based on an act or omission by the manufacturer, dealer or salesperson, which constituted a violation of this subchapter, the plaintiff shall recover actual and proper attorney fees in addition to costs otherwise recoverable.

SB45-SSA1, s. 2351 Section 2351. 224.30 (1) (title) of the statutes is created to read:

SB45-SSA1,1193,5 224.30 (1) (title) Definition.

SB45-SSA1, s. 2352 Section 2352. 224.30 (2) (title) of the statutes is created to read:

SB45-SSA1,1193,7 224.30 (2) (title) Electronic forms and signatures.

SB45-SSA1, s. 2353 Section 2353. 224.30 (3) of the statutes is created to read:

SB45-SSA1,1193,16 224.30 (3) Computer databases, networks and systems; access and use fees. (a) Except as provided in par. (b), the department may by rule establish fees to be paid by members of the public for accessing or using the department's computer databases, computer networks or computer systems. Every fee established under this paragraph shall be based upon the reasonable cost of the service provided by the department, together with a reasonable share of the costs of developing and maintaining the department's computer databases, computer networks and computer systems.

SB45-SSA1,1193,19 (b) The department may not charge a fee under par. (a) to a person who accesses or uses a department data base or computer system at an office of the register of deeds under s. 409.407 (2m) (b).

SB45-SSA1, s. 2353m Section 2353m. 227.01 (1) of the statutes is amended to read:

SB45-SSA1,1193,23 227.01 (1) "Agency" means the Wisconsin land council or a board, commission, committee, department or officer in the state government, except the governor, a district attorney or a military or judicial officer.

SB45-SSA1, s. 2353n Section 2353n. 227.01 (1) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

SB45-SSA1,1194,3 227.01 (1) "Agency" means the Wisconsin land council or a board, commission, committee, department or officer in the state government, except the governor, a district attorney or a military or judicial officer.

SB45-SSA1, s. 2353s Section 2353s. 227.01 (13) (t) of the statutes is amended to read:

SB45-SSA1,1194,9 227.01 (13) (t) Ascertains and determines prevailing wage rates and prevailing hours of labor under ss. s. 20.924 (1) (i) 3. or (j) 3. c., 66.293, 103.49 and or 103.50, except that any action or inaction which ascertains and determines prevailing wage rates and prevailing hours of labor under ss. s. 20.924 (1) (i) 3. or (j) 3. c., 66.293, 103.49 and or 103.50 is subject to judicial review under s. 227.40.

SB45-SSA1, s. 2355m Section 2355m. 227.113 of the statutes is created to read:

SB45-SSA1,1194,13 227.113 Incorporation of state land use planning goals. Each agency shall ensure that, consistently with the laws that it administers, the rules promulgated by the agency are designed to further the goals specified in s. 1.13 (2).

SB45-SSA1, s. 2356m Section 2356m. 227.43 (1) (bg) of the statutes is amended to read:

SB45-SSA1,1194,20 227.43 (1) (bg) Assign a hearing examiner to preside over any hearing or review under ss. 84.30 (18), 84.31 (6) (a), 85.013 (1), 86.073 (3), 86.16 (5), 86.195 (9) (b), 86.32 (1), 101.935 (2) (b), 101.951 (7) (a) and (b), 114.134 (4) (b), 114.135 (9), 114.20 (19), 175.05 (4) (b), 194.145 (1), 194.46, 218.01 (2) (bd) 2. and (c) 2., (3) (b), (c), (f) 1., (fm) 1. and (h) and (3c) (d), 218.11 (7) (a) and (b), 218.22 (4) (a) and (b), 218.32 (4) (a) and (b), 218.41 (4), 218.51 (5) (a) and (b), 341.09 (2m) (d), 342.26, 343.69 and 348.25 (9).

SB45-SSA1, s. 2359h Section 2359h. 229.42 (7) (b) 1. of the statutes is amended to read:

SB45-SSA1,1195,5 229.42 (7) (b) 1. Subject to subds. 2. and 3., the terms of office of the members of the board shall be 3 years, except that for the initial appointments for a newly created district, as specified in the enabling resolution, 4 of the appointments shall be for one year, 4 appointments, including the 3 members appointed under sub. (4) (d), shall be for 2 years and 4 appointments shall be for 3 years. The cochairpersons of the joint committee on finance or their designees shall serve on the board for a term that is concurrent with their terms in office and the comptroller's appointment shall be for the comptroller's tenure in his or her position. No member who is an officer or employe of a private sector entity may serve more than 2 consecutive full terms.

SB45-SSA1, s. 2359p Section 2359p. 230.04 (16) of the statutes is created to read:

SB45-SSA1,1195,10 230.04 (16) The secretary shall establish in the classified service in-service training internships designed to give rigorous training in public service administration for periods not to exceed 3 years under the direct supervision of experienced administrators.

SB45-SSA1, s. 2359q Section 2359q. 230.04 (17) of the statutes is created to read:

SB45-SSA1,1195,15 230.04 (17) To stimulate the interest of qualified students of exceptional merit in government career service, the secretary shall cooperate with the board of regents of the University of Wisconsin System in providing opportunities for recipients of public service scholarship loans to secure employment under the internship plan.

SB45-SSA1, s. 2359r Section 2359r. 230.04 (18) of the statutes is created to read: