AB967,25,73
101.9204
(1) (g) If the mobile home is a used mobile home
which that was last
4previously titled in another jurisdiction, the applicant shall furnish any certificate
5of ownership issued by the other jurisdiction and a statement
, in the form prescribed
6by the the department, pertaining to the title history and ownership of the mobile
7home
, such statement to be in the form that the department prescribes.
Note: Replaces "which" with "that" to correct grammar. Moves and rephrases
clause for improved clarity and readability.
AB967,25,1110
101.9205
(2) (c) In any other manner
which that the department determines
11to be desirable.
Note: Replaces "which" with "that" to correct grammar.
AB967,25,1514
101.9206
(1) (e) Any other data
which
that the department considers pertinent
15and desirable.
Note: Replaces "which" with "that" to correct grammar.
AB967,26,1218
101.9206
(3) (b) 2. The applicant has filed with the department a bond in the
19form prescribed by the department and executed by the applicant, and either
20accompanied by the deposit of cash with the department or also executed by a person
21authorized to conduct a surety business in this state. The bond shall be in an amount
22equal to 1.5 times the value of the manufactured home as determined by the
1department and conditioned to indemnify any prior owner and secured party and any
2subsequent purchaser of the manufactured home or person acquiring any security
3interest in it, and their respective successors in interest, against any expense, loss
4or damage, including reasonable attorney fees, by reason of the issuance of the
5certificate of title
of for the manufactured home or on account of any defect in or
6undisclosed security interest upon the right, title and interest of the applicant in and
7to the manufactured home. Any such interested person has a right of action to
8recover on the bond for any breach of its conditions, but the aggregate liability of the
9surety to all persons shall not exceed the amount of the bond. The bond, and any
10deposit accompanying it, shall be returned at the end of 5 years or prior thereto if,
11apart from this section, a nondistinctive certificate of title could then be issued for
12the manufactured home.
Note: Replaces "of" with "for" in order to make terminology consistent throughout
ch. 101.
AB967,26,2115
101.9208
(1) (b) Upon filing an application under
sub. (1) par. (a) or
(4) (d) 16before the first day of the 2nd month beginning after September 1, 2000, an
17environmental impact fee of $5, by the person filing the application. Upon filing an
18application under
sub. (1) par. (a) or
(4) (d) on or after September 1, 2000, an
19environmental impact fee of $6, by the person filing the application. All moneys
20collected under this subsection shall be credited to the environmental fund for
21environmental management.
Note: Corrects cross-references.
AB967,27,4
1101.9208
(1) (h) For processing applications for certificates of title
which that 2have a special handling request for fast service, a fee established by the department
3by rule, which fee shall approximate the cost to the department for providing this
4special handling service to persons so requesting.
Note: Replaces "which" with "that" to correct grammar.
AB967,28,8
7101.921 Transfer to or from dealer. (1) (a) Except as provided in par. (b),
8if a manufactured home dealer acquires a manufactured home and holds it for resale
9or accepts a manufactured home for sale on consignment, the manufactured home
10dealer may not submit to the department the certificate of title or application for
11certificate of title naming the manufactured home dealer as owner of the
12manufactured home. Upon transferring the manufactured home to another person,
13the manufactured home dealer shall immediately give the transferee, on a form
14prescribed by the department, a receipt for all title, security interest and sales tax
15moneys paid to the manufactured home dealer for transmittal to the department
16when required. The manufactured home dealer shall promptly execute the
17assignment and warranty of title, showing the name and address of the transferee
18and of any secured party holding a security interest created or reserved at the time
19of the resale or sale on consignment, in the spaces provided therefor on the certificate
20or as the department prescribes. Within 7 business days following the sale or
21transfer, the manufactured home dealer shall mail or deliver the certificate or
22application for certificate to the department with the transferee's application for a
23new certificate. A nonresident who purchases a manufactured home from a
24manufactured home dealer in this state may not, unless otherwise authorized by rule
1of the department, apply for a certificate of title issued for the manufactured home
2in this state unless the manufactured home dealer determines that a certificate of
3title is necessary to protect the interests of a secured party. The manufactured home
4dealer is responsible for determining whether a certificate of title and perfection of
5security interest is required. The manufactured home dealer is liable for any
6damages incurred by the department or any secured party for the manufactured
7home dealer's failure to perfect a security interest
which that the manufactured
8home dealer had knowledge of at the time of sale.
Note: Replaces "which" with "that" to correct grammar.
AB967,28,1411
101.9211
(4) (b) 1. (intro.) The department shall transfer the decedent's
12interest in any manufactured home to his or her surviving spouse upon receipt of the
13title executed by the surviving spouse and a statement by the spouse
which shall
14state that states all of the following:
Note: Replaces "which" with "that" and replaces the passive voice with active voice
to correct grammar.
AB967,28,1917
101.9212
(3) The department shall retain for 5 years a record of every
18surrendered certificate of title, the record to be maintained so as to permit the tracing
19of title
of for the manufactured home designated therein.
Note: Replaces "of" with "for" in order to make terminology consistent throughout
ch. 101.
AB967,29,3
1101.9213
(7) If a manufactured home is subject to a security interest when
2brought into this state, s. 409.103 (1), (2) and (3) states the rules
which that apply
3to determine the validity and perfection of the security interest in this state.
Note: Replaces "which" with "that" to correct grammar.
AB967,29,166
101.9216
(1) Within one month
, or within 10 days following written demand
7by the debtor
, after there is no outstanding obligation and no commitment to make
8advances, incur obligations or otherwise give value, secured by the security interest
9in a manufactured home under any security agreement between the owner and the
10secured party, the secured party shall execute and deliver to the owner, as the
11department prescribes, a release of the security interest in the form and manner
12prescribed by the department and a notice to the owner stating in no less than
1310-point boldface type the owner's obligation under sub. (2). If the secured party
14fails to execute and deliver the release and notice of the owner's obligation as
15required by this subsection, the secured party is liable to the owner for $25 and for
16any loss caused to the owner by the failure.
Note: Inserts commas to correct grammar.
AB967,29,2119
101.9217
(3) Any secured party who fails to disclose information under sub. (1)
20shall be liable for any loss caused to
the owner
thereby by the failure to disclose
21information.
Note: Inserts missing article. Inserts the specific reference for clarity.
AB967,30,83
101.9218
(1) Method of perfecting exclusive. Except as provided in sub. (2),
4the method provided in ss. 101.921 to 101.9217 of perfecting and giving notice of
5security interests subject to ss. 101.921 to 101.9217 is exclusive. Security interests
6subject to ss. 101.921 to 101.9217 are exempt from the provisions of law
which that
7otherwise require or relate to the filing of instruments creating or evidencing
8security interests.
Note: Replaces "which" with "that" to correct grammar.
AB967,31,511
101.9219
(3) (b) The applicant has filed with the department a bond in the form
12prescribed by the department and executed by the applicant, and either
13accompanied by the deposit of cash with the department or also executed by a person
14authorized to conduct a surety business in this state. The bond shall be in an amount
15equal to 1.5 times the value of the manufactured home as determined by the
16department and conditioned to indemnify any prior owner and secured party and any
17subsequent purchaser of the manufactured home or person acquiring any security
18interest in it, and their respective successors in interest, against any expense, loss
19or damage, including reasonable attorney fees, by reason of the issuance of the
20certificate of title
of for the manufactured home or on account of any defect in or
21undisclosed security interest upon the right, title and interest of the applicant in and
22to the manufactured home. Any such interested person has a right of action to
23recover on the bond for any breach of its conditions, but the aggregate liability of the
24surety to all persons shall not exceed the amount of the bond. The bond, and any
1deposit accompanying it, shall be returned at the end of 5 years or prior thereto if,
2apart from this section, a nondistinctive certificate of title could then be issued for
3the manufactured home, or if the currently valid certificate of title for the
4manufactured home is surrendered to the department, unless the department has
5been notified of the pendency of an action to recover on the bond.
Note: Replaces "of" with "for" in order to make terminology consistent throughout
ch. 101.
AB967,31,98
101.922
(4) The department may seize and impound any certificate of title
9which that has been suspended or revoked.
Note: Replaces "which" with "that" to correct grammar.
AB967,31,1312
101.9222
(2) (b) The department
of commerce issues a certificate of title
of for 13the manufactured home under this chapter.
Note: Replaces "of" with "for" in order to make terminology consistent throughout
ch. 101. Deletes unnecessary "of commerce"; "department" is defined in s. 101.01 (1m)
as being the Department of Commerce.
AB967,32,216
101.9222
(3) If the department is not satisfied that there are no undisclosed
17security interests, created before July 1, 2000, in a previously certificated
18manufactured home, the department shall, unless the applicant fulfills the
19requirements of s. 101.9219 (3), issue a distinctive certificate of title
of for the
20manufactured home containing the legend "This manufactured home may be subject
1to an undisclosed security interest" and any other information that the department
2prescribes.
Note: Replaces "of" with "for" in order to make terminology consistent throughout
ch. 101.
AB967,32,65
101.951
(6) (k) Having indulged in any unconscionable practice relating to
said 6the business
of selling manufactured homes to a consumer or to the retail market.
Note: Inserts the specific reference for clarity.
AB967,32,159
101.953
(1) (intro.) A one-year written warranty is required for every new
10manufactured home sold, or leased to another, by a manufactured home
11manufacturer, manufactured home dealer or manufactured home salesperson in this
12state, and for every new manufactured home sold by any person who induces a
13resident of the state to enter into the transaction by personal solicitation in this state
14or by mail or telephone solicitation directed to the particular consumer in this state.
15The warranty shall
state contain all of the following:
AB967,32,1916
(a)
That A statement that the manufactured home meets those standards
17prescribed by law or administrative rule of the department of administration or of
18the department of commerce
, which that are in effect at the time of the manufacture
19of the manufactured home.
AB967,32,2220
(b)
That A statement that the manufactured home is free from defects in
21material and workmanship and is reasonably fit for human habitation if it receives
22reasonable care and maintenance as defined by rule of the department.
AB967,33,10
1(c) 1.
That A statement that the manufactured home manufacturer and
2manufactured home dealer shall take corrective action for defects
which that become
3evident within one year from the delivery date and as to which the manufactured
4home owner has given notice to the manufacturer or dealer not later than one year
5and 10 days after the delivery date and at the address set forth in the warranty; and
6that the manufactured home manufacturer and manufactured home dealer shall
7make the appropriate adjustments and repairs, within 30 days after notification of
8the defect, at the site of the manufactured home without charge to the manufactured
9home owner. If the manufactured home dealer makes the adjustment, the
10manufactured home manufacturer shall fully reimburse the dealer.
AB967,33,1911
2. If a repair, replacement, substitution or alteration is made under the
12warranty and it is discovered, before or after expiration of the warranty period,
a
13statement that the repair, replacement, substitution or alteration has not restored
14the manufactured home to the condition in which it was warranted except for
15reasonable wear and tear, such failure shall be considered a violation of the warranty
16and the manufactured home shall be restored to the condition in which it was
17warranted to be at the time of the sale except for reasonable wear and tear, at no cost
18to the purchaser or the purchaser's assignee notwithstanding that the additional
19repair may occur after the expiration of the warranty period.
AB967,33,2320
(d)
That A statement that if during any period of time after notification of a
21defect the manufactured home is uninhabitable, as defined by rule of the
22department, that period of time shall not be considered part of the one-year
23warranty period.
Note: Corrects sentence agreement problem. Replaces "which" with "that" to
correct grammar.
AB967,34,93
101.965
(3) Nothing in this subchapter prohibits the bringing of a civil action
4against a manufactured home manufacturer, manufactured home dealer or
5manufactured home salesperson by an aggrieved consumer. If judgment is rendered
6for the consumer based on an act or omission by the manufactured home
7manufacturer, manufactured home dealer or manufactured home salesperson,
8which that constituted a violation of this subchapter, the plaintiff shall recover
9actual and proper attorney fees in addition to costs otherwise recoverable.
Note: Replaces "which" with "that" to correct grammar.
AB967, s. 94
10Section
94. 102.16 (2) (c) of the statutes is amended to read:
AB967,34,2111
102.16
(2) (c) After a fee dispute is submitted to the department, the insurer
12or self-insured employer that is a party to the dispute shall provide to the
13department information on that fee and information on fees charged by other health
14service providers for comparable services. The insurer or self-insured employer
15shall obtain the information on comparable fees from a
data base database that is
16certified by the department under par. (h). Except as provided in par. (e) 1., if the
17insurer or self-insured employer does not provide the information required under
18this paragraph, the department shall determine that the disputed fee is reasonable
19and order that it be paid. If the insurer or self-insured employer provides the
20information required under this paragraph, the department shall use that
21information to determine the reasonableness of the disputed fee.
Note: Corrects spelling.
AB967,35,16
1102.16
(2) (d) For fee disputes that are submitted to the department before
2July 1, 2002, the department shall analyze the information provided to the
3department under par. (c) according to the criteria provided in this paragraph to
4determine the reasonableness of the disputed fee. The department shall determine
5that a disputed fee is reasonable and order that the disputed fee be paid if that fee
6is at or below the mean fee for the health service procedure for which the disputed
7fee was charged, plus 1.5 standard deviations from that mean, as shown by data from
8a
data base database that is certified by the department under par. (h). The
9department shall determine that a disputed fee is unreasonable and order that a
10reasonable fee be paid if the disputed fee is above the mean fee for the health service
11procedure for which the disputed fee was charged, plus 1.5 standard deviations from
12that mean, as shown by data from a
data base database that is certified by the
13department under par. (h), unless the health service provider proves to the
14satisfaction of the department that a higher fee is justified because the service
15provided in the disputed case was more difficult or more complicated to provide than
16in the usual case.
Note: Corrects spelling.
AB967, s. 96
17Section
96. 102.16 (2) (e) 1. and 2. of the statutes are amended to read:
AB967,36,218
102.16
(2) (e) 1. Subject to subd. 2., if an insurer or self-insured employer that
19disputes the reasonableness of a fee charged by a health service provider cannot
20provide information on fees charged by other health service providers for comparable
21services because the
data base database to which the insurer or self-insured
22employer subscribes is not able to provide accurate information for the health service
23procedure at issue, the department may use any other information that the
1department considers to be reliable and relevant to the disputed fee to determine the
2reasonableness of the disputed fee.
AB967,36,53
2. Notwithstanding subd. 1., the department may use only a hospital radiology
4data base database that has been certified by the department under par. (h) to
5determine the reasonableness of a hospital fee for radiology services.
Note: Corrects spelling.
AB967, s. 97
6Section
97. 102.16 (2) (h) of the statutes is amended to read:
AB967,36,157
102.16
(2) (h) The department shall promulgate rules establishing procedures
8and requirements for the fee dispute resolution process under this subsection,
9including rules specifying the standards that health service fee
data bases databases 10must meet for certification under this paragraph. Using those standards, the
11department shall certify
data bases databases of the health service fees that various
12health service providers charge. In certifying
data bases databases under this
13paragraph, the department shall certify at least one
data base database of hospital
14fees for radiology services, including diagnostic and interventional radiology,
15diagnostic ultrasound and nuclear medicine.
Note: Corrects spelling.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). There was no
preexisting s. 103.92 (2) (b). The subject matter of this provision fits within s. 103.92 (1)
(b).
AB967,37,1120
108.05
(1) (j) (intro.) Each eligible employe shall be paid benefits for each week
21of total unemployment
which that commences on or after January 3, 1999, and
22before April 2, 2000, at the weekly benefit rate specified in this paragraph. Unless
1sub. (1m) applies, the weekly benefit rate shall equal 4% of the employe's base period
2wages
which that were paid during that quarter of the employe's base period in which
3the employe was paid the highest total wages, rounded down to the nearest whole
4dollar, except that if that amount is less than the minimum amount shown in the
5following schedule, no benefits are payable to the employe and if that amount is more
6than the maximum amount shown in the following schedule, the employe's weekly
7benefit rate shall be the maximum amount shown in the following schedule and
8except that if the employe's benefits are exhausted during any week under s. 108.06
9(1), the employe shall be paid the remaining amount of benefits payable to the
10employe in lieu of the amount shown in the following schedule: [See Figure 108.05
11(1) (j) following]
Note: Replaces "which" with "that" to correct grammar.
AB967,38,314
108.05
(1) (k) (intro.) Each eligible employe shall be paid benefits for each week
15of total unemployment
which that commences on or after April 2, 2000, and before
16October 1, 2000, at the weekly benefit rate specified in this paragraph. Unless sub.
17(1m) applies, the weekly benefit rate shall equal 4% of the employe's base period
18wages
which that were paid during that quarter of the employe's base period in which
19the employe was paid the highest total wages, rounded down to the nearest whole
20dollar, except that if that amount is less than the minimum amount shown in the
21following schedule, no benefits are payable to the employe and if that amount is more
22than the maximum amount shown in the following schedule, the employe's weekly
23benefit rate shall be the maximum amount shown in the following schedule and
24except that if the employe's benefits are exhausted during any week under s. 108.06
1(1), the employe shall be paid the remaining amount of benefits payable to the
2employe in lieu of the amount shown in the following schedule: [See Figure 108.05
3(1) (k) following]
AB967,38,164
(L) (intro.) Each eligible employe shall be paid benefits for each week of total
5unemployment
which that commences on or after October 1, 2000, at the weekly
6benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit
7rate shall equal 4% of the employe's base period wages
which that were paid during
8that quarter of the employe's base period in which the employe was paid the highest
9total wages, rounded down to the nearest whole dollar, except that if that amount is
10less than the minimum amount shown in the following schedule, no benefits are
11payable to the employe and if that amount is more than the maximum amount shown
12in the following schedule, the employe's weekly benefit rate shall be the maximum
13amount shown in the following schedule and except that if the employe's benefits are
14exhausted during any week under s. 108.06 (1), the employe shall be paid the
15remaining amount of benefits payable to the employe in lieu of the amount shown
16in the following schedule: [See Figure 108.05 (1) (L) following]
Note: Replaces "which" with "that" to correct grammar.
AB967,38,2119
115.28
(26) Periodical and reference information data bases databases. 20Contract with one or more persons to provide statewide access, through the Internet,
21to periodical and reference information
data bases
databases.
Note: Corrects spelling.