SB421,25,73
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.
SB421,25,1110
101.9205
(2) (c) In any other manner
which that the department determines
11to be desirable.
Note: Replaces "which" with "that" to correct grammar.
SB421,25,1514
101.9206
(1) (e) Any other data
which
that the department considers pertinent
15and desirable.
Note: Replaces "which" with "that" to correct grammar.
SB421,26,1118
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 mobile home as determined by the department and
1conditioned to indemnify any prior owner and secured party and any subsequent
2purchaser of the mobile home or person acquiring any security interest in it, and
3their respective successors in interest, against any expense, loss or damage,
4including reasonable attorney fees, by reason of the issuance of the certificate of title
5of for the mobile home or on account of any defect in or undisclosed security interest
6upon the right, title and interest of the applicant in and to the mobile home. Any such
7interested person has a right of action to recover on the bond for any breach of its
8conditions, but the aggregate liability of the surety to all persons shall not exceed the
9amount of the bond. The bond, and any deposit accompanying it, shall be returned
10at the end of 5 years or prior thereto if, apart from this section, a nondistinctive
11certificate of title could then be issued for the mobile home.
Note: Replaces "of" with "for" in order to make terminology consistent throughout
ch. 101.
SB421,26,2014
101.9208
(1) (b) Upon filing an application under
sub. (1) par. (a) or
(4) (d) 15before the first day of the 2nd month beginning after September 1, 2000, an
16environmental impact fee of $5, by the person filing the application. Upon filing an
17application under
sub. (1) par. (a) or
(4) (d) on or after September 1, 2000, an
18environmental impact fee of $6, by the person filing the application. All moneys
19collected under this subsection shall be credited to the environmental fund for
20environmental management.
Note: Corrects cross-references.
SB421,27,4
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.
SB421,28,67
101.921
(1) (a) Except as provided in par. (b), if a mobile home dealer acquires
8a mobile home and holds it for resale or accepts a mobile home for sale on
9consignment, the mobile home dealer may not submit to the department the
10certificate of title or application for certificate of title naming the mobile home dealer
11as owner of the mobile home. Upon transferring the mobile home to another person,
12the mobile home dealer shall immediately give the transferee, on a form prescribed
13by the department, a receipt for all title, security interest and sales tax moneys paid
14to the mobile home dealer for transmittal to the department when required. The
15mobile home dealer shall promptly execute the assignment and warranty of title,
16showing the name and address of the transferee and of any secured party holding a
17security interest created or reserved at the time of the resale or sale on consignment,
18in the spaces provided therefor on the certificate or as the department prescribes.
19Within 7 business days following the sale or transfer, the mobile home dealer shall
20mail or deliver the certificate or application for certificate to the department with the
21transferee's application for a new certificate. A nonresident who purchases a mobile
22home from a mobile home dealer in this state may not, unless otherwise authorized
23by rule of the department, apply for a certificate of title issued for the mobile home
24in this state unless the mobile home dealer determines that a certificate of title is
1necessary to protect the interests of a secured party. The mobile home dealer is
2responsible for determining whether a certificate of title and perfection of security
3interest is required. The mobile home dealer is liable for any damages incurred by
4the department or any secured party for the mobile home dealer's failure to perfect
5a security interest
which that the mobile home dealer had knowledge of at the time
6of sale.
Note: Replaces "which" with "that" to correct grammar.
SB421,28,129
101.9211
(4) (b) 1. (intro.) The department shall transfer the decedent's
10interest in any mobile home to his or her surviving spouse upon receipt of the title
11executed by the surviving spouse and a statement by the spouse
which shall state 12that states all of the following:
Note: Replaces "which" with "that" and replaces the passive voice with active voice
to correct grammar.
SB421,28,1715
101.9212
(3) The department shall retain for 5 years a record of every
16surrendered certificate of title, the record to be maintained so as to permit the tracing
17of title
of for the mobile home designated therein.
Note: Replaces "of" with "for" in order to make terminology consistent throughout
ch. 101.
SB421,29,3
1101.9213
(7) If a mobile home is subject to a security interest when brought into
2this state, s. 409.103 (1), (2) and (3) states the rules
which that apply to determine
3the validity and perfection of the security interest in this state.
Note: Replaces "which" with "that" to correct grammar.
SB421,29,166
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 mobile home under any security agreement between the owner and the secured
10party, the secured party shall execute and deliver to the owner, as the department
11prescribes, a release of the security interest in the form and manner prescribed by
12the department and a notice to the owner stating in no less than 10-point boldface
13type the owner's obligation under sub. (2). If the secured party fails to execute and
14deliver the release and notice of the owner's obligation as required by this subsection,
15the secured party is liable to the owner for $25 and for any loss caused to the owner
16by the failure.
Note: Inserts commas to correct grammar.
SB421,29,2119
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.
SB421,30,7
3101.9218 Method of perfecting exclusive. The method provided in ss.
4101.921 to 101.9218 of perfecting and giving notice of security interests subject to ss.
5101.921 to 101.9218 is exclusive. Security interests subject to ss. 101.921 to 101.9218
6are hereby exempted from the provisions of law
which
that otherwise require or
7relate to the filing of instruments creating or evidencing security interests.
Note: Replaces "which" with "that" to correct grammar.
SB421,31,310
101.9219
(3) (b) The applicant has filed with the department a bond in the form
11prescribed by the department and executed by the applicant, and either
12accompanied by the deposit of cash with the department or also executed by a person
13authorized to conduct a surety business in this state. The bond shall be in an amount
14equal to 1.5 times the value of the mobile home as determined by the department and
15conditioned to indemnify any prior owner and secured party and any subsequent
16purchaser of the mobile home or person acquiring any security interest in it, and
17their respective successors in interest, against any expense, loss or damage,
18including reasonable attorney fees, by reason of the issuance of the certificate of title
19of for the mobile home or on account of any defect in or undisclosed security interest
20upon the right, title and interest of the applicant in and to the mobile home. Any such
21interested person has a right of action to recover on the bond for any breach of its
22conditions, but the aggregate liability of the surety to all persons shall not exceed the
23amount of the bond. The bond, and any deposit accompanying it, shall be returned
24at the end of 5 years or prior thereto if, apart from this section, a nondistinctive
1certificate of title could then be issued for the mobile home, or if the currently valid
2certificate of title for the mobile home is surrendered to the department, unless the
3department 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.
SB421,31,76
101.922
(4) The department may seize and impound any certificate of title
7which that has been suspended or revoked.
Note: Replaces "which" with "that" to correct grammar.
SB421,31,1110
101.9221
(1) (a) The person alleged to be the owner of the mobile
home is not
11the owner.
Note: Inserts missing word.
SB421,31,1514
101.9222
(2) (b) The department
of commerce issues a certificate of title
of for 15the 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.
SB421,32,318
101.9222
(3) If the department is not satisfied that there are no undisclosed
19security interests, created before July 1, 2000, in a previously certificated mobile
20home, the department shall, unless the applicant fulfills the requirements of s.
1101.9219 (3), issue a distinctive certificate of title
of for the mobile home containing
2the legend "This mobile home may be subject to an undisclosed security interest" and
3any other information that the department prescribes.
Note: Replaces "of" with "for" in order to make terminology consistent throughout
ch. 101.
SB421,32,76
101.951
(6) (k) Having indulged in any unconscionable practice relating to
said 7the business
of selling mobile homes to a consumer or to the retail market.
Note: Inserts the specific reference for clarity.
SB421,32,1610
101.953
(1) (intro.) A one-year written warranty is required for every new
11mobile home sold, or leased to another, by a mobile home manufacturer, mobile home
12dealer or mobile home salesperson in this state, and for every new mobile home sold
13by any person who induces a resident of the state to enter into the transaction by
14personal solicitation in this state or by mail or telephone solicitation directed to the
15particular consumer in this state. The warranty shall
state contain all of the
16following:
SB421,32,2017
(a)
That A statement that the mobile home meets those standards prescribed
18by law or administrative rule of the department of administration or of the
19department of commerce
, which that are in effect at the time of the manufacture of
20the mobile home.
SB421,32,2321
(b)
That A statement that the mobile home is free from defects in material and
22workmanship and is reasonably fit for human habitation if it receives reasonable
23care and maintenance as defined by rule of the department.
SB421,33,9
1(c) 1.
That A statement that the mobile home manufacturer and mobile home
2dealer shall take corrective action for defects
which
that become evident within one
3year from the delivery date and as to which the mobile home owner has given notice
4to the manufacturer or dealer not later than one year and 10 days after the delivery
5date and at the address set forth in the warranty; and that the mobile home
6manufacturer and mobile home dealer shall make the appropriate adjustments and
7repairs, within 30 days after notification of the defect, at the site of the mobile home
8without charge to the mobile home owner. If the mobile home dealer makes the
9adjustment, the mobile home manufacturer shall fully reimburse the dealer.
SB421,33,1810
2. If a repair, replacement, substitution or alteration is made under the
11warranty and it is discovered, before or after expiration of the warranty period,
a
12statement that the repair, replacement, substitution or alteration has not restored
13the mobile home to the condition in which it was warranted except for reasonable
14wear and tear, such failure shall be considered a violation of the warranty and the
15mobile home shall be restored to the condition in which it was warranted to be at the
16time of the sale except for reasonable wear and tear, at no cost to the purchaser or
17the purchaser's assignee notwithstanding that the additional repair may occur after
18the expiration of the warranty period.
SB421,33,2119
(d)
That A statement that if during any period of time after notification of a
20defect the mobile home is uninhabitable, as defined by rule of the department, that
21period 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.
SB421,34,7
1101.965
(3) Nothing in this subchapter prohibits the bringing of a civil action
2against a mobile home manufacturer, mobile home dealer or mobile home
3salesperson by an aggrieved consumer. If judgment is rendered for the consumer
4based on an act or omission by the mobile home manufacturer, mobile home dealer
5or mobile home salesperson,
which that constituted a violation of this subchapter, the
6plaintiff shall recover actual and proper attorney fees in addition to costs otherwise
7recoverable.
Note: Replaces "which" with "that" to correct grammar.
SB421, s. 95
8Section
95. 102.16 (2) (c) of the statutes is amended to read:
SB421,34,199
102.16
(2) (c) After a fee dispute is submitted to the department, the insurer
10or self-insured employer that is a party to the dispute shall provide to the
11department information on that fee and information on fees charged by other health
12service providers for comparable services. The insurer or self-insured employer
13shall obtain the information on comparable fees from a
data base database that is
14certified by the department under par. (h). Except as provided in par. (e) 1., if the
15insurer or self-insured employer does not provide the information required under
16this paragraph, the department shall determine that the disputed fee is reasonable
17and order that it be paid. If the insurer or self-insured employer provides the
18information required under this paragraph, the department shall use that
19information to determine the reasonableness of the disputed fee.
Note: Corrects spelling.
SB421,35,1422
102.16
(2) (d) For fee disputes that are submitted to the department before
23July 1, 2002, the department shall analyze the information provided to the
1department under par. (c) according to the criteria provided in this paragraph to
2determine the reasonableness of the disputed fee. The department shall determine
3that a disputed fee is reasonable and order that the disputed fee be paid if that fee
4is at or below the mean fee for the health service procedure for which the disputed
5fee was charged, plus 1.5 standard deviations from that mean, as shown by data from
6a
data base database that is certified by the department under par. (h). The
7department shall determine that a disputed fee is unreasonable and order that a
8reasonable fee be paid if the disputed fee is above the mean fee for the health service
9procedure for which the disputed fee was charged, plus 1.5 standard deviations from
10that mean, as shown by data from a
data base database that is certified by the
11department under par. (h), unless the health service provider proves to the
12satisfaction of the department that a higher fee is justified because the service
13provided in the disputed case was more difficult or more complicated to provide than
14in the usual case.
Note: Corrects spelling.
SB421, s. 97
15Section
97. 102.16 (2) (e) 1. and 2. of the statutes are amended to read:
SB421,35,2316
102.16
(2) (e) 1. Subject to subd. 2., if an insurer or self-insured employer that
17disputes the reasonableness of a fee charged by a health service provider cannot
18provide information on fees charged by other health service providers for comparable
19services because the
data base database to which the insurer or self-insured
20employer subscribes is not able to provide accurate information for the health service
21procedure at issue, the department may use any other information that the
22department considers to be reliable and relevant to the disputed fee to determine the
23reasonableness of the disputed fee.
SB421,36,3
12. Notwithstanding subd. 1., the department may use only a hospital radiology
2data base database that has been certified by the department under par. (h) to
3determine the reasonableness of a hospital fee for radiology services.
Note: Corrects spelling.
SB421, s. 98
4Section
98. 102.16 (2) (h) of the statutes is amended to read:
SB421,36,135
102.16
(2) (h) The department shall promulgate rules establishing procedures
6and requirements for the fee dispute resolution process under this subsection,
7including rules specifying the standards that health service fee
data bases databases 8must meet for certification under this paragraph. Using those standards, the
9department shall certify
data bases databases of the health service fees that various
10health service providers charge. In certifying
data bases databases under this
11paragraph, the department shall certify at least one
data base database of hospital
12fees for radiology services, including diagnostic and interventional radiology,
13diagnostic 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).
SB421,37,918
108.05
(1) (j) (intro.) Each eligible employe shall be paid benefits for each week
19of total unemployment
which that commences on or after January 3, 1999, and
20before April 2, 2000, at the weekly benefit rate specified in this paragraph. Unless
21sub. (1m) applies, the weekly benefit rate shall equal 4% of the employe's base period
22wages
which that were paid during that quarter of the employe's base period in which
1the employe was paid the highest total wages, rounded down to the nearest whole
2dollar, except that if that amount is less than the minimum amount shown in the
3following schedule, no benefits are payable to the employe and if that amount is more
4than the maximum amount shown in the following schedule, the employe's weekly
5benefit rate shall be the maximum amount shown in the following schedule and
6except that if the employe's benefits are exhausted during any week under s. 108.06
7(1), the employe shall be paid the remaining amount of benefits payable to the
8employe in lieu of the amount shown in the following schedule: [See Figure 108.05
9(1) (j) following]
Note: Replaces "which" with "that" to correct grammar.
SB421,38,212
108.05
(1) (k) (intro.) Each eligible employe shall be paid benefits for each week
13of total unemployment
which that commences on or after April 2, 2000, and before
14October 1, 2000, at the weekly benefit rate specified in this paragraph. Unless sub.
15(1m) applies, the weekly benefit rate shall equal 4% of the employe's base period
16wages
which that were paid during that quarter of the employe's base period in which
17the employe was paid the highest total wages, rounded down to the nearest whole
18dollar, except that if that amount is less than the minimum amount shown in the
19following schedule, no benefits are payable to the employe and if that amount is more
20than the maximum amount shown in the following schedule, the employe's weekly
21benefit rate shall be the maximum amount shown in the following schedule and
22except that if the employe's benefits are exhausted during any week under s. 108.06
23(1), the employe shall be paid the remaining amount of benefits payable to the
1employe in lieu of the amount shown in the following schedule: [See Figure 108.05
2(1) (k) following]
SB421,38,153
(L) (intro.) Each eligible employe shall be paid benefits for each week of total
4unemployment
which that commences on or after October 1, 2000, at the weekly
5benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit
6rate shall equal 4% of the employe's base period wages
which that were paid during
7that quarter of the employe's base period in which the employe was paid the highest
8total wages, rounded down to the nearest whole dollar, except that if that amount is
9less than the minimum amount shown in the following schedule, no benefits are
10payable to the employe and if that amount is more than the maximum amount shown
11in the following schedule, the employe's weekly benefit rate shall be the maximum
12amount shown in the following schedule and except that if the employe's benefits are
13exhausted during any week under s. 108.06 (1), the employe shall be paid the
14remaining amount of benefits payable to the employe in lieu of the amount shown
15in the following schedule: [See Figure 108.05 (1) (L) following]