2005 Wisconsin Act 45

45,70 Section 70. 101.952 (2) (d) of the statutes is repealed.

45,71 Section 71. 101.957 of the statutes is created to read:

101.957 Nonjudicial resolution of manufactured housing industry disputes. The department, by rule, shall establish an alternative dispute resolution program for the timely resolution of any dispute that concerns a defect in a manufactured home, or in the installation of a manufactured home, reported to the department within one year of the date on which the manufactured home was installed and that occurs between parties, each of which is a manufacturer of manufactured homes, manufactured home salesperson, manufactured home dealer, or installer. The rules may require the parties to submit to an alternative dispute resolution program before bringing an action in another forum. This section does not affect the rights of any consumer to commence an action or the rights of any person to commence an action against a consumer.

45,72 Section 72. 101.96 of the statutes is created to read:

101.96 Manufactured home installation regulated. (1) Installation standards. (a) Promulgation of standards. The department shall, by rule, establish installation standards for the safe installation of manufactured homes in this state. In promulgating rules under this paragraph, the department shall consider the recommendations of the manufactured housing code council under s. 101.933.

(b) Enforcement of standards. The department shall, by rule, establish a method for ensuring compliance with the rules promulgated under par. (a). The department shall require inspections of manufactured home installations by 3rd-party inspectors licensed by the department. The department shall, by rule, establish criteria for the licensure of 3rd-party inspectors that include a requirement that an individual may not serve as a 3rd-party inspector if the individual is, is employed by, or is an independent contractor of any of the following:

1. A manufactured home manufacturer who was directly involved in the sale of the particular manufactured home.

2. A manufactured home salesperson who was directly involved in the sale of the particular manufactured home.

3. An installer who was directly involved in the sale of the particular manufactured home.

(2) Manufactured home installers. (a) License required; exceptions; liability. Except as otherwise provided in this paragraph, beginning on January 1, 2007, no person may act as an installer in this state unless the person is a licensed installer or employs one or more licensed installers to generally supervise each of the person's installations of manufactured homes in this state. This requirement does not apply to an individual who installs a manufactured home on his or her own property for his or her personal use or to an individual who installs a manufactured home under the general supervision of a licensed installer. A licensed installer is liable for all acts and omissions related to the installation of each individual who performs an installation under the licensed installer's general supervision.

(b) License eligibility. The department may issue an installer's license only to an individual to whom all of the following apply:

1. The individual is at least 18 years old.

2. The individual files with the department a license application on a form prescribed by the department.

3. The individual completes, to the satisfaction of the department, an examination approved by the department that tests the skills necessary to properly install manufactured homes and knowledge of the laws applicable to manufactured home installation.

4. The individual has not been found responsible in any judicial or administrative forum for any violation of this section during the 2 years before the date on which the individual's license application is submitted.

5. The individual has not been found responsible in any judicial or administrative forum during the 2 years before the date on which the individual's license application is submitted for any failure to perform an installation of a manufactured home as required under contract or for defrauding any person with regard to the provision of installation services.

6. The individual meets the standards of financial responsibility established by rule of the department.

(br) Examination waiver. The department shall, by rule, establish a procedure under which it may waive the examination requirement under par (b) 3. for individuals that demonstrate sufficient experience installing manufactured homes including active participation in the installation of at least 10 manufactured homes. This paragraph does not apply after June 1, 2007.

(c) License term and fee. The department, by rule shall establish the term of installers' licenses and the conditions under which the department may revoke or suspend installers' licenses. The department shall establish an initial installer's license fee and license renewal fee by rule under s. 101.19.

45,73 Section 73. 101.965 (1p) of the statutes is created to read:

101.965 (1p) Any person who violates s. 101.96 or any rule promulgated under that section may be required to forfeit not less than $25 nor more than $500 for each violation. Each day of continued violation constitutes a separate violation.

45,74 Section 74. 101.965 (1t) of the statutes is created to read:

101.965 (1t) Upon request of the department, the attorney general may commence an action in a court of competent jurisdiction to enjoin any installer from installing a manufactured home in violation of s. 101.96 (2).

45,75 Section 75. 560.285 of the statutes is created to read:

560.285 Manufactured housing rehabilitation and recycling. (1) Definition. In this section, "manufactured home" has the meaning given in s. 101.91 (2).

(2) Grant program. (a) The department may make grants under this section to provide financial assistance to persons engaged in the disposal of abandoned manufactured homes and to municipalities, for the purpose of supporting environmentally sound disposal practices.

(b) The department may make grants under this section to provide financial assistance to individuals who reside in manufactured homes that are in need of critical repairs. An individual is eligible for a grant under this paragraph only if the individual is otherwise unable to finance the critical repairs.

(3) Administration. The department shall contract with one or more entities that are exempt from taxation under section 501 (a) of the Internal Revenue Code and that employ individuals with technical expertise concerning manufactured housing for the administration of the grant program under this section. The department shall promulgate rules to establish the grant program under this section. To the extent feasible, the department shall coordinate the program under this section with the state housing strategy plan under s. 560.9802.

45,76 Section 76 . Nonstatutory provisions.

(1) Proposed rules. No later than the first day of the 12th month beginning after the effective date of this subsection, the department of commerce shall submit in proposed form the rules required under sections 101.9205 (3), 101.9208, 101.9213 (8), 101.951 (2) (bm), 101.952 (2) (bm), and 101.96 of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes unless the secretary of administration requires the department to prepare an economic impact report under section 227.137 of the statutes for the proposed rules.

(2) Emergency rules. Using the procedure under section 227.24 of the statutes, the department of commerce may promulgate rules required under sections 101.9205 (3), 101.9208, 101.9213 (8), 101.935 (2) (c) 2., 101.95, 101.951 (2) (bm), and 101.952 (2) (bm) of the statutes, as affected by this act, within 30 days after the effective date of this subsection. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection shall remain in effect until December 31, 2007, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

(3) Initial members of manufactured housing code council. Notwithstanding the length of terms specified for the manufactured housing code council under section 15.157 (13) (a) of the statutes, as created by this act, the initial members appointed under section 15.157 (13) (a) 1. and 2. of the statutes, as created by this act, shall be appointed for terms that expire on July 1, 2006; the initial members appointed under section 15.157 (13) (a) 3. and 4. of the statutes, as created by this act, shall be appointed for terms that expire on July 1, 2007; and the initial members appointed under section 15.157 (13) (a) 5. to 9. of the statutes, as created by this act, shall be appointed for terms that expire on July 1, 2008.

(4) Department of commerce position decrease. The authorized FTE positions for the department of commerce are decreased by 1.6 SEG positions, funded from the appropriation under section 20.143 (3) (sa) of the statutes, as affected by this act, for the performance of duties primarily related to the administration of subchapter V of chapter 101 of the statutes.

(5) Department of commerce position increase. The authorized FTE positions for the department of commerce are increased by 1.6 PR positions, funded from the appropriation under section 20.143 (3) (j) of the statutes, as affected by this act, for the performance of duties primarily related to the administration of subchapter V of chapter 101 of the statutes.

(6) Appropriation transfer. Immediately before the effective date of this subsection, the unencumbered balance in the account for the appropriation to the department of commerce under section 20.143 (3) (sa) of the statutes, as affected by this act, is transferred to the appropriation account under section 20.143 (3) (j) of the statutes, as affected by this act.

45,77 Section 77. Effective dates. This act takes effect on December 1, 2005, except as follows:

(1) Proposed rules. Section 76 (1) and (2) of this act takes effect on the day after publication.

(2) Manufactured housing code council. The treatment of sections 15.157 (13) and 101.933 of the statutes and Section 76 (3) of this act take effect on the day after publication.