SB421: Bill Text

SB421, s. 69 Section 69. 85.53 (3) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,24,3 85.53 (3) Grants under this section shall be paid from the appropriation under s. 20.395 (5) (jr). The amount of a grant may not exceed 80% of the amount expended by an eligible applicant for services related to the program.

Note: 1999 Wis. Act 9 deleted the underscored period without showing it as stricken. No change was intended.

SB421, s. 70 Section 70. 92.14 (4) (title) of the statutes is repealed.

Note: All of the other parts of s. 92.14 (4) were either repealed or renumbered by 1999 Wis. Act 9.

SB421, s. 71 Section 71. 97.42 (12) (title) of the statutes is created to read:

SB421,24,6 97.42 (12) (title) Substantial or repeated violations.

Note: The other subsections in s. 97.42 have titles.

SB421, s. 72 Section 72. 101.143 (1) (hm) of the statutes is amended to read:

SB421,24,12 101.143 (1) (hm) "Terminal" means a petroleum product storage system that is itself connected to a pipeline facility, as defined in 49 USC Appendix 2001 (4) 60101 (18) or is one of a number of connected petroleum product storage systems at least one of which is connected to a pipeline facility, as defined in 49 USC Appendix 2001 (4) 60101 (18).

Note: 49 USC Appendix 2001 (4) was codified as 49 USC 60101 (18).

SB421, s. 73 Section 73. 101.143 (11) (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,24,20 101.143 (11) Reports. (intro.) No later than each January 1 and July 1, the department of commerce and the department of natural resources shall submit the to the governor, to the joint legislative audit committee, to the joint committee on finance and to the appropriate standing committees of the legislature, under s. 13.172 (3), a report on the program under this section. The departments shall include all of the following information in the report:

Note: Inserts correct word.

SB421, s. 74 Section 74. 101.9204 (1) (g) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,25,7 101.9204 (1) (g) If the mobile home is a used mobile home which that was last previously titled in another jurisdiction, the applicant shall furnish any certificate of ownership issued by the other jurisdiction and a statement, in the form prescribed by the the department, pertaining to the title history and ownership of the mobile home, 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.

SB421, s. 75 Section 75. 101.9205 (2) (c) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,25,11 101.9205 (2) (c) In any other manner which that the department determines to be desirable.

Note: Replaces "which" with "that" to correct grammar.

SB421, s. 76 Section 76. 101.9206 (1) (e) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,25,15 101.9206 (1) (e) Any other data which that the department considers pertinent and desirable.

Note: Replaces "which" with "that" to correct grammar.

SB421, s. 77 Section 77. 101.9206 (3) (b) 2. of the statutes, as created by 1999 Wisconsin Act 2, is amended to read:

SB421,26,11 101.9206 (3) (b) 2. The applicant has filed with the department a bond in the form prescribed by the department and executed by the applicant, and either accompanied by the deposit of cash with the department or also executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount equal to 1.5 times the value of the mobile home as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the mobile home or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney fees, by reason of the issuance of the certificate of title of for the mobile home or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the mobile home. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of 5 years or prior thereto if, apart from this section, a nondistinctive certificate of title could then be issued for the mobile home.

Note: Replaces "of" with "for" in order to make terminology consistent throughout ch. 101.

SB421, s. 78 Section 78. 101.9208 (1) (b) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,26,20 101.9208 (1) (b) Upon filing an application under sub. (1) par. (a) or (4) (d) before the first day of the 2nd month beginning after September 1, 2000, an environmental impact fee of $5, by the person filing the application. Upon filing an application under sub. (1) par. (a) or (4) (d) on or after September 1, 2000, an environmental impact fee of $6, by the person filing the application. All moneys collected under this subsection shall be credited to the environmental fund for environmental management.

Note: Corrects cross-references.

SB421, s. 79 Section 79. 101.9208 (1) (h) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,27,4 101.9208 (1) (h) For processing applications for certificates of title which that have a special handling request for fast service, a fee established by the department by rule, which fee shall approximate the cost to the department for providing this special handling service to persons so requesting.

Note: Replaces "which" with "that" to correct grammar.

SB421, s. 80 Section 80. 101.921 (1) (a) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,28,6 101.921 (1) (a) Except as provided in par. (b), if a mobile home dealer acquires a mobile home and holds it for resale or accepts a mobile home for sale on consignment, the mobile home dealer may not submit to the department the certificate of title or application for certificate of title naming the mobile home dealer as owner of the mobile home. Upon transferring the mobile home to another person, the mobile home dealer shall immediately give the transferee, on a form prescribed by the department, a receipt for all title, security interest and sales tax moneys paid to the mobile home dealer for transmittal to the department when required. The mobile home dealer shall promptly execute the assignment and warranty of title, showing the name and address of the transferee and of any secured party holding a security interest created or reserved at the time of the resale or sale on consignment, in the spaces provided therefor on the certificate or as the department prescribes. Within 7 business days following the sale or transfer, the mobile home dealer shall mail or deliver the certificate or application for certificate to the department with the transferee's application for a new certificate. A nonresident who purchases a mobile home from a mobile home dealer in this state may not, unless otherwise authorized by rule of the department, apply for a certificate of title issued for the mobile home in this state unless the mobile home dealer determines that a certificate of title is necessary to protect the interests of a secured party. The mobile home dealer is responsible for determining whether a certificate of title and perfection of security interest is required. The mobile home dealer is liable for any damages incurred by the department or any secured party for the mobile home dealer's failure to perfect a security interest which that the mobile home dealer had knowledge of at the time of sale.

Note: Replaces "which" with "that" to correct grammar.

SB421, s. 81 Section 81. 101.9211 (4) (b) 1. (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,28,12 101.9211 (4) (b) 1. (intro.) The department shall transfer the decedent's interest in any mobile home to his or her surviving spouse upon receipt of the title executed by the surviving spouse and a statement by the spouse which shall state that states all of the following:

Note: Replaces "which" with "that" and replaces the passive voice with active voice to correct grammar.

SB421, s. 82 Section 82. 101.9212 (3) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,28,17 101.9212 (3) The department shall retain for 5 years a record of every surrendered certificate of title, the record to be maintained so as to permit the tracing of title of for the mobile home designated therein.

Note: Replaces "of" with "for" in order to make terminology consistent throughout ch. 101.

SB421, s. 83 Section 83. 101.9213 (7) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,29,3 101.9213 (7) If a mobile home is subject to a security interest when brought into this state, s. 409.103 (1), (2) and (3) states the rules which that apply to determine the validity and perfection of the security interest in this state.

Note: Replaces "which" with "that" to correct grammar.

SB421, s. 84 Section 84. 101.9216 (1) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,29,16 101.9216 (1) Within one month, or within 10 days following written demand by the debtor, after there is no outstanding obligation and no commitment to make advances, incur obligations or otherwise give value, secured by the security interest in a mobile home under any security agreement between the owner and the secured party, the secured party shall execute and deliver to the owner, as the department prescribes, a release of the security interest in the form and manner prescribed by the department and a notice to the owner stating in no less than 10-point boldface type the owner's obligation under sub. (2). If the secured party fails to execute and deliver the release and notice of the owner's obligation as required by this subsection, the secured party is liable to the owner for $25 and for any loss caused to the owner by the failure.

Note: Inserts commas to correct grammar.

SB421, s. 85 Section 85. 101.9217 (3) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,29,21 101.9217 (3) Any secured party who fails to disclose information under sub. (1) shall be liable for any loss caused to the owner thereby by the failure to disclose information.

Note: Inserts missing article. Inserts the specific reference for clarity.

SB421, s. 86 Section 86. 101.9218 of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,30,7 101.9218 Method of perfecting exclusive. The method provided in ss. 101.921 to 101.9218 of perfecting and giving notice of security interests subject to ss. 101.921 to 101.9218 is exclusive. Security interests subject to ss. 101.921 to 101.9218 are hereby exempted from the provisions of law which that otherwise require or relate to the filing of instruments creating or evidencing security interests.

Note: Replaces "which" with "that" to correct grammar.

SB421, s. 87 Section 87. 101.9219 (3) (b) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,31,3 101.9219 (3) (b) The applicant has filed with the department a bond in the form prescribed by the department and executed by the applicant, and either accompanied by the deposit of cash with the department or also executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount equal to 1.5 times the value of the mobile home as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the mobile home or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney fees, by reason of the issuance of the certificate of title of for the mobile home or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the mobile home. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of 5 years or prior thereto if, apart from this section, a nondistinctive certificate of title could then be issued for the mobile home, or if the currently valid certificate of title for the mobile home is surrendered to the department, unless the department has been 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.

SB421, s. 88 Section 88. 101.922 (4) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,31,7 101.922 (4) The department may seize and impound any certificate of title which that has been suspended or revoked.

Note: Replaces "which" with "that" to correct grammar.

SB421, s. 89 Section 89. 101.9221 (1) (a) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,31,11 101.9221 (1) (a) The person alleged to be the owner of the mobile home is not the owner.

Note: Inserts missing word.

SB421, s. 90 Section 90. 101.9222 (2) (b) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,31,15 101.9222 (2) (b) The department of commerce issues a certificate of title of for the mobile 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.

SB421, s. 91 Section 91. 101.9222 (3) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,32,3 101.9222 (3) If the department is not satisfied that there are no undisclosed security interests, created before July 1, 2000, in a previously certificated mobile home, the department shall, unless the applicant fulfills the requirements of s. 101.9219 (3), issue a distinctive certificate of title of for the mobile home containing the legend "This mobile home may be subject to an undisclosed security interest" and any other information that the department prescribes.

Note: Replaces "of" with "for" in order to make terminology consistent throughout ch. 101.

SB421, s. 92 Section 92. 101.951 (6) (k) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,32,7 101.951 (6) (k) Having indulged in any unconscionable practice relating to said the business of selling mobile homes to a consumer or to the retail market.

Note: Inserts the specific reference for clarity.

SB421, s. 93 Section 93. 101.953 (1) (intro.) and (a) to (d) of the statutes, as created by 1999 Wisconsin Act 9, are amended to read:

SB421,32,16 101.953 (1) (intro.) A one-year written warranty is required for every new mobile home sold, or leased to another, by a mobile home manufacturer, mobile home dealer or mobile home salesperson in this state, and for every new mobile home sold by any person who induces a resident of the state to enter into the transaction by personal solicitation in this state or by mail or telephone solicitation directed to the particular consumer in this state. The warranty shall state contain all of the following:

SB421,32,20 (a) That A statement that the mobile home meets those standards prescribed by law or administrative rule of the department of administration or of the department of commerce, which that are in effect at the time of the manufacture of the mobile home.

SB421,32,23 (b) That A statement that the mobile home is free from defects in material and workmanship and is reasonably fit for human habitation if it receives reasonable care and maintenance as defined by rule of the department.

SB421,33,9 (c) 1. That A statement that the mobile home manufacturer and mobile home dealer shall take corrective action for defects which that become evident within one year from the delivery date and as to which the mobile home owner has given notice to the manufacturer or dealer not later than one year and 10 days after the delivery date and at the address set forth in the warranty; and that the mobile home manufacturer and mobile home dealer shall make the appropriate adjustments and repairs, within 30 days after notification of the defect, at the site of the mobile home without charge to the mobile home owner. If the mobile home dealer makes the adjustment, the mobile home manufacturer shall fully reimburse the dealer.

SB421,33,18 2. If a repair, replacement, substitution or alteration is made under the warranty and it is discovered, before or after expiration of the warranty period, a statement that the repair, replacement, substitution or alteration has not restored the mobile home to the condition in which it was warranted except for reasonable wear and tear, such failure shall be considered a violation of the warranty and the mobile home shall be restored to the condition in which it was warranted to be at the time of the sale except for reasonable wear and tear, at no cost to the purchaser or the purchaser's assignee notwithstanding that the additional repair may occur after the expiration of the warranty period.

SB421,33,21 (d) That A statement that if during any period of time after notification of a defect the mobile home is uninhabitable, as defined by rule of the department, that period of time shall not be considered part of the one-year warranty period.

Note: Corrects sentence agreement problem. Replaces "which" with "that" to correct grammar.

SB421, s. 94 Section 94. 101.965 (3) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,34,7 101.965 (3) Nothing in this subchapter prohibits the bringing of a civil action against a mobile home manufacturer, mobile home dealer or mobile home salesperson by an aggrieved consumer. If judgment is rendered for the consumer based on an act or omission by the mobile home manufacturer, mobile home dealer or mobile home salesperson, which that constituted a violation of this subchapter, the plaintiff shall recover actual and proper attorney fees in addition to costs otherwise recoverable.

Note: Replaces "which" with "that" to correct grammar.

SB421, s. 95 Section 95. 102.16 (2) (c) of the statutes is amended to read:

SB421,34,19 102.16 (2) (c) After a fee dispute is submitted to the department, the insurer or self-insured employer that is a party to the dispute shall provide to the department information on that fee and information on fees charged by other health service providers for comparable services. The insurer or self-insured employer shall obtain the information on comparable fees from a data base database that is certified by the department under par. (h). Except as provided in par. (e) 1., if the insurer or self-insured employer does not provide the information required under this paragraph, the department shall determine that the disputed fee is reasonable and order that it be paid. If the insurer or self-insured employer provides the information required under this paragraph, the department shall use that information to determine the reasonableness of the disputed fee.

Note: Corrects spelling.

SB421, s. 96 Section 96. 102.16 (2) (d) of the statutes, as affected by 1999 Wisconsin Act 14, is amended to read:

SB421,35,14 102.16 (2) (d) For fee disputes that are submitted to the department before July 1, 2002, the department shall analyze the information provided to the department under par. (c) according to the criteria provided in this paragraph to determine the reasonableness of the disputed fee. The department shall determine that a disputed fee is reasonable and order that the disputed fee be paid if that fee is at or below the mean fee for the health service procedure for which the disputed fee was charged, plus 1.5 standard deviations from that mean, as shown by data from a data base database that is certified by the department under par. (h). The department shall determine that a disputed fee is unreasonable and order that a reasonable fee be paid if the disputed fee is above the mean fee for the health service procedure for which the disputed fee was charged, plus 1.5 standard deviations from that mean, as shown by data from a data base database that is certified by the department under par. (h), unless the health service provider proves to the satisfaction of the department that a higher fee is justified because the service provided in the disputed case was more difficult or more complicated to provide than in the usual case.

Note: Corrects spelling.

SB421, s. 97 Section 97. 102.16 (2) (e) 1. and 2. of the statutes are amended to read: