SB23-SSA1, s. 44 13Section 44. 101.9208 (2) of the statutes is repealed.
SB23-SSA1, s. 45 14Section 45. 101.9208 (2m) of the statutes is created to read:
SB23-SSA1,13,1715 101.9208 (2m) Upon filing an application under sub. (1) or (4), a manufactured
16housing rehabilitation and recycling fee, to be paid by the person filing the
17application.
SB23-SSA1, s. 46 18Section 46. 101.9213 (8) of the statutes is amended to read:
SB23-SSA1,13,2519 101.9213 (8) Upon request of a person who has perfected a security interest
20under this section, as shown by the records of the department, in a manufactured
21home titled in this state, whenever the department receives information from
22another state that the manufactured home is being titled in the other state and the
23information does not show that the security interest has been satisfied, the
24department shall notify the person. The person shall pay the department shall
25establish, by rule under s. 101.19,
a fee of not less than $2 fee for each notification.
SB23-SSA1, s. 47
1Section 47. 101.925 of the statutes is repealed.
SB23-SSA1, s. 48 2Section 48. 101.93 of the statutes is repealed.
SB23-SSA1, s. 49 3Section 49. 101.933 of the statutes is created to read:
SB23-SSA1,14,14 4101.933 Manufactured housing code council duties. The manufactured
5housing code council shall review this subchapter and rules promulgated under this
6subchapter and recommend a statewide manufactured housing code for
7promulgation by the department. The council shall consider and make
8recommendations to the department pertaining to rules and any other matter
9related to this subchapter, including recommendations with regard to licensure and
10professional discipline of manufacturers of manufactured homes, manufactured
11home dealers, manufactured home salespersons, and installers, and with regard to
12consumer protection applicable to consumers of manufactured homes. In making
13recommendations, the council shall consider the likely costs of any proposed rules to
14consumers in relation to the benefits that are likely to result therefrom.
SB23-SSA1, s. 50 15Section 50. 101.935 (title) of the statutes is amended to read:
SB23-SSA1,14,16 16101.935 (title) Manufactured home park community regulation.
SB23-SSA1, s. 51 17Section 51. 101.935 (2) (a) of the statutes is amended to read:
SB23-SSA1,14,2218 101.935 (2) (a) The department or a village, city or county granted agent status
19under par. (e) shall issue permits to and regulate manufactured home parks
20communities. No person, state or local government who has not been issued a permit
21under this subsection may conduct, maintain, manage or operate a manufactured
22home park community.
SB23-SSA1, s. 52 23Section 52. 101.935 (2) (c) 2. of the statutes is amended to read:
SB23-SSA1,15,424 101.935 (2) (c) 2. The department shall establish, by rule under s. 101.19, the
25permit fee and renewal fee for a permit issued under this subsection. Beginning in

1fiscal year 2002-03, the
The department may increase the fees to recover establish
2a fee that defrays
the cost of administering s. 101.937. An additional penalty fee, as
3established by the department by rule under s. 101.19, is required for each permit
4if the biennial renewal fee is not paid before the permit expires.
SB23-SSA1, s. 53 5Section 53. 101.935 (2) (d) of the statutes is amended to read:
SB23-SSA1,15,186 101.935 (2) (d) A permit may not be issued under this subsection until all
7applicable fees have been paid. If the payment is by check or other draft drawn upon
8an account containing insufficient funds, the permit applicant shall, within 15 days
9after receipt of notice from the department of the insufficiency, pay by cashier's check
10or other certified draft, money order or cash the fees to the department, late fees and
11processing charges that are specified by rules promulgated by the department. If the
12permit applicant fails to pay all applicable fees, late fees and the processing charges
13within 15 days after the applicant receives notice of the insufficiency, the permit is
14void. In an appeal concerning voiding of a permit under this paragraph, the burden
15is on the permit applicant to show that the entire applicable fees, late fees and
16processing charges have been paid. During any appeal process concerning a
17payment dispute, operation of the manufactured home park community in question
18is considered to be operation without a permit.
SB23-SSA1, s. 54 19Section 54. 101.935 (2m) of the statutes is amended to read:
SB23-SSA1,15,2120 101.935 (2m) (a) The department shall inspect a manufactured home park
21community in the following situations:
SB23-SSA1,15,2322 1. Upon completion of the construction of a manufactured home park
23community.
SB23-SSA1,15,2524 2. Whenever a manufactured home park community is modified, as defined by
25the department by rule.
SB23-SSA1,16,2
13. Whenever the department receives a complaint about a manufactured home
2park community.
SB23-SSA1,16,43 (b) The department may, with notice, inspect a manufactured home park
4community whenever the department determines an inspection is appropriate.
SB23-SSA1, s. 55 5Section 55. 101.937 (title), (1) and (2) of the statutes are amended to read:
SB23-SSA1,16,16 6101.937 (title) Water and sewer service to manufactured home parks
7communities. (1) Rules. The department shall promulgate rules that establish
8standards for providing water or sewer service by a manufactured home park
9community operator or manufactured home park community contractor to a
10manufactured home park community occupant, including requirements for
11metering, billing, depositing, arranging deferred payment, installing service,
12refusing or discontinuing service, and resolving disputes with respect to service.
13Rules promulgated under this subsection shall ensure that any charge for water or
14sewer service is reasonable and not unjustly discriminatory, that the water or sewer
15service is reasonably adequate, and that any practice relating to providing the
16service is just and reasonable.
SB23-SSA1,16,20 17(2) Permanent improvements. A manufactured home park community
18operator may make a reasonable recovery of capital costs for permanent
19improvements related to the provision of water or sewer service to manufactured
20home park community occupants through ongoing rates for water or sewer service.
SB23-SSA1, s. 56 21Section 56. 101.937 (3) (a) of the statutes is amended to read:
SB23-SSA1,17,222 101.937 (3) (a) On its own motion or upon a complaint filed by a manufactured
23home park community occupant, the department may issue an order or commence
24a civil action against a manufactured home park community operator or

1manufactured home park community contractor to enforce this section, any rule
2promulgated under sub. (1), or any order issued under this paragraph.
SB23-SSA1, s. 57 3Section 57. 101.94 (2) of the statutes is amended to read:
SB23-SSA1,17,104 101.94 (2) No person may manufacture, assemble, distribute or sell a
5manufactured home unless the manufactured home complies with 42 USC 5401 to
65425 and applicable regulations as in effect on June 15, 1976. The department may
7establish, by rule, standards for the safe and sanitary design and construction of
8manufactured homes for the purpose of enforcement of this subchapter, and those
9standards may include standards in addition to any standards established by the
10secretary of housing and urban development under 42 USC 5401 to 5425
.
SB23-SSA1, s. 58 11Section 58. 101.94 (3) of the statutes is repealed.
SB23-SSA1, s. 59 12Section 59. 101.94 (4) of the statutes is repealed.
SB23-SSA1, s. 60 13Section 60. 101.94 (5) of the statutes is repealed.
SB23-SSA1, s. 61 14Section 61. 101.94 (6) of the statutes is repealed.
SB23-SSA1, s. 62 15Section 62. 101.95 of the statutes is amended to read:
SB23-SSA1,17,19 16101.95 Manufactured home manufacturers regulated. The department
17shall by rule prescribe the manner by which a manufacturer shall be licensed for the
18manufacture, distribution or selling of manufactured homes in this state, including
19fees for the licensing of manufacturers
.
SB23-SSA1, s. 63 20Section 63. 101.951 (2) (a) of the statutes is amended to read:
SB23-SSA1,17,2321 101.951 (2) (a) Application for a license or a renewal license shall be made to
22the department on forms prescribed and furnished by the department, accompanied
23by the license fee required under par. (c) or (d) (bm).
SB23-SSA1, s. 64 24Section 64. 101.951 (2) (bm) of the statutes is created to read:
SB23-SSA1,18,2
1101.951 (2) (bm) Fees for licensing of persons under this section shall be
2established by the department by rule under s. 101.19.
SB23-SSA1, s. 65 3Section 65. 101.951 (2) (c) of the statutes is repealed.
SB23-SSA1, s. 66 4Section 66. 101.951 (2) (d) of the statutes is repealed.
SB23-SSA1, s. 67 5Section 67. 101.952 (2) (a) of the statutes is amended to read:
SB23-SSA1,18,116 101.952 (2) (a) Applications for a manufactured home salesperson's license and
7renewals thereof shall be made to the department on such forms as the department
8prescribes and furnishes and shall be accompanied by the license fee required under
9par. (c) or (d) (bm). The application shall include the applicant's social security
10number. In addition, the application shall require such pertinent information as the
11department requires.
SB23-SSA1, s. 68 12Section 68. 101.952 (2) (bm) of the statutes is created to read:
SB23-SSA1,18,1413 101.952 (2) (bm) Fees for licensing of manufactured home salespersons shall
14be established by the department by rule under s. 101.19.
SB23-SSA1, s. 69 15Section 69. 101.952 (2) (c) of the statutes is repealed.
SB23-SSA1, s. 70 16Section 70. 101.952 (2) (d) of the statutes is repealed.
SB23-SSA1, s. 71 17Section 71. 101.957 of the statutes is created to read:
SB23-SSA1,19,3 18101.957 Nonjudicial resolution of manufactured housing industry
19disputes.
The department, by rule, shall establish an alternative dispute resolution
20program for the timely resolution of any dispute that concerns a defect in a
21manufactured home, or in the installation of a manufactured home, reported to the
22department within one year of the date on which the manufactured home was
23installed and that occurs between parties, each of which is a manufacturer of
24manufactured homes, manufactured home salesperson, manufactured home dealer,
25or installer. The rules may require the parties to submit to an alternative dispute

1resolution program before bringing an action in another forum. This section does not
2affect the rights of any consumer to commence an action or the rights of any person
3to commence an action against a consumer.
SB23-SSA1, s. 72 4Section 72. 101.96 of the statutes is created to read:
SB23-SSA1,19,9 5101.96 Manufactured home installation regulated. (1) Installation
6standards.
(a) Promulgation of standards. The department shall, by rule, establish
7installation standards for the safe installation of manufactured homes in this state.
8In promulgating rules under this paragraph, the department shall consider the
9recommendations of the manufactured housing code council under s. 101.933.
SB23-SSA1,19,1610 (b) Enforcement of standards. The department shall, by rule, establish a
11method for ensuring compliance with the rules promulgated under par. (a). The
12department shall require inspections of manufactured home installations by
133rd-party inspectors licensed by the department. The department shall, by rule,
14establish criteria for the licensure of 3rd-party inspectors that include a
15requirement that an individual may not serve as a 3rd-party inspector if the
16individual is, is employed by, or is an independent contractor of any of the following:
SB23-SSA1,19,1817 1. A manufactured home manufacturer who was directly involved in the sale
18of the particular manufactured home.
SB23-SSA1,19,2019 2. A manufactured home salesperson who was directly involved in the sale of
20the particular manufactured home.
SB23-SSA1,19,2221 3. An installer who was directly involved in the sale of the particular
22manufactured home.
SB23-SSA1,20,7 23(2) Manufactured home installers. (a) License required; exceptions; liability.
24Except as otherwise provided in this paragraph, beginning on July 1, 2006, no person
25may act as an installer in this state unless the person is a licensed installer or

1employs one or more licensed installers to generally supervise each of the person's
2installations of manufactured homes in this state. This requirement does not apply
3to an individual who installs a manufactured home on his or her own property for his
4or her personal use or to an individual who installs a manufactured home under the
5general supervision of a licensed installer. A licensed installer is liable for all acts
6and omissions related to the installation of each individual who performs an
7installation under the licensed installer's general supervision.
SB23-SSA1,20,98 (b) License eligibility. The department may issue an installer's license only to
9an individual to whom all of the following apply:
SB23-SSA1,20,1010 1. The individual is at least 18 years old.
SB23-SSA1,20,1211 2. The individual files with the department a license application on a form
12prescribed by the department.
SB23-SSA1,20,1613 3. The individual completes, to the satisfaction of the department, an
14examination approved by the department that tests the skills necessary to properly
15install manufactured homes and knowledge of the laws applicable to manufactured
16home installation.
SB23-SSA1,20,1917 4. The individual has not been found responsible in any judicial or
18administrative forum for any violation of this section during the 2 years before the
19date on which the individual's license application is submitted.
SB23-SSA1,20,2420 5. The individual has not been found responsible in any judicial or
21administrative forum during the 2 years before the date on which the individual's
22license application is submitted for any failure to perform an installation of a
23manufactured home as required under contract or for defrauding any person with
24regard to the provision of installation services.
SB23-SSA1,21,2
16. The individual meets the standards of financial responsibility established
2by rule of the department.
SB23-SSA1,21,73 (br) Examination waiver. The department shall, by rule, establish a procedure
4under which it may waive the examination requirement under par (b) 3. for
5individuals that demonstrate sufficient experience installing manufactured homes
6including active participation in the installation of at least 10 manufactured homes.
7This paragraph does not apply after December 1, 2006.
SB23-SSA1,21,118 (c) License term and fee. The department, by rule shall establish the term of
9installers' licenses and the conditions under which the department may revoke or
10suspend installers' licenses. The department shall establish an initial installer's
11license fee and license renewal fee by rule under s. 101.19.
SB23-SSA1, s. 73 12Section 73. 101.965 (1p) of the statutes is created to read:
SB23-SSA1,21,1513 101.965 (1p) Any person who violates s. 101.96 or any rule promulgated under
14that section may be required to forfeit not less than $25 nor more than $500 for each
15violation. Each day of continued violation constitutes a separate violation.
SB23-SSA1, s. 74 16Section 74. 101.965 (1t) of the statutes is created to read:
SB23-SSA1,21,1917 101.965 (1t) Upon request of the department, the attorney general may
18commence an action in a court of competent jurisdiction to enjoin any installer from
19installing a manufactured home in violation of s. 101.96 (2).
SB23-SSA1, s. 75 20Section 75. 560.285 of the statutes is created to read:
SB23-SSA1,21,23 21560.285 Manufactured housing rehabilitation and recycling. (1)
22Definition. In this section, "manufactured home" has the meaning given in s. 101.91
23(2).
SB23-SSA1,22,2 24(2) Grant program. (a) The department may make grants under this section
25to provide financial assistance to persons engaged in the disposal of abandoned

1manufactured homes and to municipalities, for the purpose of supporting
2environmentally sound disposal practices.
SB23-SSA1,22,63 (b) The department may make grants under this section to provide financial
4assistance to individuals who reside in manufactured homes that are in need of
5critical repairs. An individual is eligible for a grant under this paragraph only if the
6individual is otherwise unable to finance the critical repairs.
SB23-SSA1,22,13 7(3) Administration. The department shall contract with one or more entities
8that are exempt from taxation under section 501 (a) of the Internal Revenue Code
9and that employ individuals with technical expertise concerning manufactured
10housing for the administration of the grant program under this section. The
11department shall promulgate rules to establish the grant program under this
12section. To the extent feasible, the department shall coordinate the program under
13this section with the state housing strategy plan under s. 560.9802.
SB23-SSA1, s. 76 14Section 76 . Nonstatutory provisions.
SB23-SSA1,22,2115 (1) Proposed rules. No later than the first day of the 12th month beginning
16after the effective date of this subsection, the department of commerce shall submit
17in proposed form the rules required under sections 101.9205 (3), 101.9208, 101.9213
18(8), 101.951 (2) (bm), 101.952 (2) (bm), and 101.96 of the statutes, as affected by this
19act, to the legislative council staff under section 227.15 (1) of the statutes unless the
20secretary of administration requires the department to prepare an economic impact
21report under section 227.137 of the statutes for the proposed rules.
SB23-SSA1,23,822 (2) Emergency rules. Using the procedure under section 227.24 of the statutes,
23the department of commerce may promulgate rules required under sections
24101.9205 (3), 101.9208, 101.9213 (8), 101.935 (2) (c) 2., 101.95, 101.951 (2) (bm), and
25101.952 (2) (bm) of the statutes, as affected by this act, within 30 days after the

1effective date of this subsection. Notwithstanding section 227.24 (1) (c) and (2) of the
2statutes, emergency rules promulgated under this subsection shall remain in effect
3until December 31, 2007, or the date on which permanent rules take effect,
4whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes,
5the department is not required to provide evidence that promulgating a rule under
6this subsection as an emergency rule is necessary for the preservation of public
7peace, health, safety, or welfare and is not required to provide a finding of emergency
8for a rule promulgated under this subsection.
SB23-SSA1,23,199 (3) Initial members of manufactured housing code council. Notwithstanding
10the length of terms specified for the manufactured housing code council under
11section 15.157 (13) (a) of the statutes, as created by this act, the initial members
12appointed under section 15.157 (13) (a) 1. and 2. of the statutes, as created by this
13act, shall be appointed for terms that expire on July 1, 2006; the initial members
14appointed under section 15.157 (13) (a) 3. and 4. of the statutes, as created by this
15act, shall be appointed for terms that expire on July 1, 2007; the initial members
16appointed under section 15.157 (13) (a) 5. and 6. of the statutes, as created by this
17act, shall be appointed for terms that expire on July 1, 2008; and the remaining initial
18members appointed under section 15.157 (13) (a) 7. to 9. of the statutes, as created
19by this act, shall be appointed for terms that expire on July 1, 2009.
SB23-SSA1,23,2420 (4) Department of commerce position decrease. The authorized FTE positions
21for the department of commerce are decreased by 1.6 SEG positions, funded from the
22appropriation under section 20.143 (3) (sa) of the statutes, as affected by this act, for
23the performance of duties primarily related to the administration of subchapter V of
24chapter 101 of the statutes.
SB23-SSA1,24,5
1(5) Department of commerce position increase. The authorized FTE positions
2for the department of commerce are increased by 1.6 PR positions, funded from the
3appropriation under section 20.143 (3) (j) of the statutes, as affected by this act, for
4the performance of duties primarily related to the administration of subchapter V of
5chapter 101 of the statutes.
SB23-SSA1,24,106 (6) Appropriation transfer. Immediately before the effective date of this
7subsection, the unencumbered balance in the account for the appropriation to the
8department of commerce under section 20.143 (3) (sa) of the statutes, as affected by
9this act, is transferred to the appropriation account under section 20.143 (3) (j) of the
10statutes, as affected by this act.
SB23-SSA1, s. 77 11Section 77. Effective dates. This act takes effect on December 1, 2005,
12except as follows:
SB23-SSA1,24,1413 (1) Proposed rules. Section 76 (1) and (2) of this act takes effect on the day
14after publication.
SB23-SSA1,24,1715 (2) Manufactured housing code council. The treatment of sections 15.157
16(13) and 101.933 of the statutes and Section 76 (3 ) of this act take effect on the day
17after publication.
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