Amendment ASA2-AB39

AB39-ASA2,14,7 101.9213 (8) Upon request of a person who has perfected a security interest under this section, as shown by the records of the department, in a manufactured home titled in this state, whenever the department receives information from another state that the manufactured home is being titled in the other state and the information does not show that the security interest has been satisfied, the department shall notify the person. The person shall pay the department shall establish, by rule under s. 101.19, a fee of not less than $2 fee for each notification.

AB39-ASA2, s. 47 Section 47. 101.925 of the statutes is repealed.

AB39-ASA2, s. 48 Section 48. 101.93 of the statutes is repealed.

AB39-ASA2, s. 49 Section 49. 101.933 of the statutes is created to read:

AB39-ASA2,14,21 101.933 Manufactured housing code council duties. The manufactured housing code council shall review this subchapter and rules promulgated under this subchapter and recommend a statewide manufactured housing code for promulgation by the department. The council shall consider and make recommendations to the department pertaining to rules and any other matter related to this subchapter, including recommendations with regard to licensure and professional discipline of manufacturers of manufactured homes, manufactured home dealers, manufactured home salespersons, and installers, and with regard to consumer protection applicable to consumers of manufactured homes. In making recommendations, the council shall consider the likely costs of any proposed rules to consumers in relation to the benefits that are likely to result therefrom.

AB39-ASA2, s. 50 Section 50. 101.935 (title) of the statutes is amended to read:

AB39-ASA2,14,23 101.935 (title) Manufactured home park community regulation.

AB39-ASA2, s. 51 Section 51. 101.935 (2) (a) of the statutes is amended to read:

AB39-ASA2,15,5 101.935 (2) (a) The department or a village, city or county granted agent status under par. (e) shall issue permits to and regulate manufactured home parks communities. No person, state or local government who has not been issued a permit under this subsection may conduct, maintain, manage or operate a manufactured home park community.

AB39-ASA2, s. 52 Section 52. 101.935 (2) (c) 2. of the statutes is amended to read:

AB39-ASA2,15,12 101.935 (2) (c) 2. The department shall establish, by rule under s. 101.19, the permit fee and renewal fee for a permit issued under this subsection. Beginning in fiscal year 2002-03, the The department may increase the fees to recover establish a fee that defrays the cost of administering s. 101.937. An additional penalty fee, as established by the department by rule under s. 101.19, is required for each permit if the biennial renewal fee is not paid before the permit expires.

AB39-ASA2, s. 53 Section 53. 101.935 (2) (d) of the statutes is amended to read:

AB39-ASA2,16,2 101.935 (2) (d) A permit may not be issued under this subsection until all applicable fees have been paid. If the payment is by check or other draft drawn upon an account containing insufficient funds, the permit applicant shall, within 15 days after receipt of notice from the department of the insufficiency, pay by cashier's check or other certified draft, money order or cash the fees to the department, late fees and processing charges that are specified by rules promulgated by the department. If the permit applicant fails to pay all applicable fees, late fees and the processing charges within 15 days after the applicant receives notice of the insufficiency, the permit is void. In an appeal concerning voiding of a permit under this paragraph, the burden is on the permit applicant to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the manufactured home park community in question is considered to be operation without a permit.

AB39-ASA2, s. 54 Section 54. 101.935 (2m) of the statutes is amended to read:

AB39-ASA2,16,5 101.935 (2m) (a) The department shall inspect a manufactured home park community in the following situations:

AB39-ASA2,16,7 1. Upon completion of the construction of a manufactured home park community.

AB39-ASA2,16,9 2. Whenever a manufactured home park community is modified, as defined by the department by rule.

AB39-ASA2,16,11 3. Whenever the department receives a complaint about a manufactured home park community.

AB39-ASA2,16,13 (b) The department may, with notice, inspect a manufactured home park community whenever the department determines an inspection is appropriate.

AB39-ASA2, s. 55 Section 55. 101.937 (title), (1) and (2) of the statutes are amended to read:

AB39-ASA2,16,25 101.937 (title) Water and sewer service to manufactured home parks communities. (1) Rules. The department shall promulgate rules that establish standards for providing water or sewer service by a manufactured home park community operator or manufactured home park community contractor to a manufactured home park community occupant, including requirements for metering, billing, depositing, arranging deferred payment, installing service, refusing or discontinuing service, and resolving disputes with respect to service. Rules promulgated under this subsection shall ensure that any charge for water or sewer service is reasonable and not unjustly discriminatory, that the water or sewer service is reasonably adequate, and that any practice relating to providing the service is just and reasonable.

AB39-ASA2,17,4 (2) Permanent improvements. A manufactured home park community operator may make a reasonable recovery of capital costs for permanent improvements related to the provision of water or sewer service to manufactured home park community occupants through ongoing rates for water or sewer service.

AB39-ASA2, s. 56 Section 56. 101.937 (3) (a) of the statutes is amended to read:

AB39-ASA2,17,10 101.937 (3) (a) On its own motion or upon a complaint filed by a manufactured home park community occupant, the department may issue an order or commence a civil action against a manufactured home park community operator or manufactured home park community contractor to enforce this section, any rule promulgated under sub. (1), or any order issued under this paragraph.

AB39-ASA2, s. 57 Section 57. 101.94 (2) of the statutes is amended to read:

AB39-ASA2,17,18 101.94 (2) No person may manufacture, assemble, distribute or sell a manufactured home unless the manufactured home complies with 42 USC 5401 to 5425 and applicable regulations as in effect on June 15, 1976. The department may establish, by rule, standards for the safe and sanitary design and construction of manufactured homes for the purpose of enforcement of this subchapter, and those standards may include standards in addition to any standards established by the secretary of housing and urban development under 42 USC 5401 to 5425.

AB39-ASA2, s. 58 Section 58. 101.94 (3) of the statutes is repealed.

AB39-ASA2, s. 59 Section 59. 101.94 (4) of the statutes is repealed.

AB39-ASA2, s. 60 Section 60. 101.94 (5) of the statutes is repealed.

AB39-ASA2, s. 61 Section 61. 101.94 (6) of the statutes is repealed.

AB39-ASA2, s. 62 Section 62. 101.95 of the statutes is amended to read:

AB39-ASA2,18,2 101.95 Manufactured home manufacturers regulated. The department shall by rule prescribe the manner by which a manufacturer shall be licensed for the manufacture, distribution or selling of manufactured homes in this state, including fees for the licensing of manufacturers.

AB39-ASA2, s. 63 Section 63. 101.951 (2) (a) of the statutes is amended to read:

AB39-ASA2,18,6 101.951 (2) (a) Application for a license or a renewal license shall be made to the department on forms prescribed and furnished by the department, accompanied by the license fee required under par. (c) or (d) (bm).

AB39-ASA2, s. 64 Section 64. 101.951 (2) (bm) of the statutes is created to read:

AB39-ASA2,18,9 101.951 (2) (bm) Fees for licensing of persons under this section shall be established by the department by rule under s. 101.19.

AB39-ASA2, s. 65 Section 65. 101.951 (2) (c) of the statutes is repealed.

AB39-ASA2, s. 66 Section 66. 101.951 (2) (d) of the statutes is repealed.

AB39-ASA2, s. 67 Section 67. 101.952 (2) (a) of the statutes is amended to read:

AB39-ASA2,18,18 101.952 (2) (a) Applications for a manufactured home salesperson's license and renewals thereof shall be made to the department on such forms as the department prescribes and furnishes and shall be accompanied by the license fee required under par. (c) or (d) (bm). The application shall include the applicant's social security number. In addition, the application shall require such pertinent information as the department requires.

AB39-ASA2, s. 68 Section 68. 101.952 (2) (bm) of the statutes is created to read:

AB39-ASA2,18,21 101.952 (2) (bm) Fees for licensing of manufactured home salespersons shall be established by the department by rule under s. 101.19.

AB39-ASA2, s. 69 Section 69. 101.952 (2) (c) of the statutes is repealed.

AB39-ASA2, s. 70 Section 70. 101.952 (2) (d) of the statutes is repealed.

AB39-ASA2, s. 71 Section 71. 101.957 of the statutes is created to read:

AB39-ASA2,19,11 101.957 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.

AB39-ASA2, s. 72 Section 72. 101.96 of the statutes is created to read:

AB39-ASA2,19,17 101.96 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.

AB39-ASA2,19,24 (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:

AB39-ASA2,20,2 1. A manufactured home manufacturer who was directly involved in the sale of the particular manufactured home.

AB39-ASA2,20,4 2. A manufactured home salesperson who was directly involved in the sale of the particular manufactured home.

AB39-ASA2,20,6 3. An installer who was directly involved in the sale of the particular manufactured home.

AB39-ASA2,20,16 (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.

AB39-ASA2,20,18 (b) License eligibility. The department may issue an installer's license only to an individual to whom all of the following apply:

AB39-ASA2,20,19 1. The individual is at least 18 years old.

AB39-ASA2,20,21 2. The individual files with the department a license application on a form prescribed by the department.

AB39-ASA2,20,25 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.

AB39-ASA2,21,3 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.

AB39-ASA2,21,8 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.

AB39-ASA2,21,10 6. The individual meets the standards of financial responsibility established by rule of the department.

AB39-ASA2,21,15 (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.

AB39-ASA2,21,19 (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.

AB39-ASA2, s. 73 Section 73. 101.965 (1p) of the statutes is created to read:

AB39-ASA2,21,23 101.965 (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.

AB39-ASA2, s. 74 Section 74. 101.965 (1t) of the statutes is created to read:

AB39-ASA2,22,3 101.965 (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).

AB39-ASA2, s. 75 Section 75. 560.285 of the statutes is created to read:

AB39-ASA2,22,7 560.285 Manufactured housing rehabilitation and recycling. (1) Definition. In this section, "manufactured home" has the meaning given in s. 101.91 (2).

AB39-ASA2,22,11 (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.

AB39-ASA2,22,15 (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.

AB39-ASA2,22,22 (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.

AB39-ASA2, s. 76 Section 76 . Nonstatutory provisions.

AB39-ASA2,23,5 (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.

AB39-ASA2,23,17 (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.

AB39-ASA2,24,2 (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.

AB39-ASA2,24,7 (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.

AB39-ASA2,24,12 (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.

AB39-ASA2,24,17 (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.

AB39-ASA2, s. 77 Section 77. Effective dates. This act takes effect on December 1, 2005, except as follows:

AB39-ASA2,24,21 (1) Proposed rules. Section 76 (1) and (2) of this act takes effect on the day after publication.

AB39-ASA2,24,24 (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.

AB39-ASA2,24,25 (End)