With limited exceptions, this substitute amendment requires every
manufactured home installation in this state to be performed by, or under the general
supervision of, an individual licensed by Commerce as a manufactured home
installer. The substitute amendment specifies that a licensed installer is liable for
all acts and omissions of each individual who performs an installation under the
licensed installer's general supervision. The substitute amendment also specifies
certain minimum criteria applicable to license applicants. In addition, the
substitute amendment requires Commerce to make rules for the safe installation of
manufactured homes in this state and for the enforcement of those installation
standards. Commerce must require third-party inspections as part of its
enforcement scheme. The substitute amendment provides that any city, village, or
town ordinance or resolution regulating a matter governed by these provisions of the
substitute amendment must conform with these provisions.
Regulatory fees
Current law establishes specific fees that Commerce must charge for
conducting a file search, for providing various services related to the titling of
manufactured homes, and for providing certain notices related to security interests
in manufactured homes. This substitute amendment requires Commerce, by rule,
to establish fees for these services. This substitute amendment also requires
Commerce to assess a new fee to fund a manufactured housing rehabilitation and
recycling grant program (see below).
Under current law, fees related to the titling of manufactured homes are
generally deposited into the transportation fund and then a specified amount is
appropriated from the transportation fund for Commerce's administration of the
manufactured housing statutes. This substitute amendment provides, instead, that
the fees are deposited into the general fund and credited to the program revenue
appropriation account that generally funds the safety and buildings operations of
Commerce.
Generally, under current law, the fee for a manufactured home dealer license
is $50 multiplied by the number of years in the license period. The fee for a
manufactured home salesperson license generally is $4 multiplied by the number of
years in the license period. Current law requires Commerce, by rule, to determine
the license period applicable to each of these licenses. Currently, these fees must be
prorated if the license period is not evenly divisible into years. This substitute
amendment repeals the statutory fee amount and proration requirement and
requires, instead, that these fees be determined by Commerce by rule.
Manufactured housing rehabilitation and recycling
This substitute amendment requires Commerce to establish a grant program
to promote the proper disposal of abandoned manufactured homes and to promote
the rehabilitation and use of manufactured homes that are in need of critical repairs.
To the extent feasible, Commerce must coordinate the program with the state's
housing strategy plan. The substitute amendment also requires Commerce to
contract with private, nonprofit entities for the administration of the grant program.
Titling of manufactured homes
With certain exceptions, any person who acquires a manufactured home must
apply to Commerce for a certificate of title to the manufactured home. This
requirement does not apply if the owner of the manufactured home intends, upon
acquiring the manufactured home, to permanently affix the manufactured home to
land that the owner of the manufactured home owns. In such a case, the
manufactured home becomes a part of the land and its ownership is evidenced by the
deed applicable to that land. This substitute amendment creates a similar exception
that applies if the owner of the manufactured home intends, upon acquiring the
manufactured home, to affix the manufactured home to land in which the owner has
a leasehold interest of sufficient duration.
Other
The substitute amendment establishes a Manufactured Housing Code Council
for the purpose of advising Commerce concerning the regulation of the manufactured
housing industry. The council is similar to advisory councils that currently advise
Commerce with regard to other aspects of housing market regulation, except that
members of the Manufactured Housing Code Council are appointed by the secretary
of Commerce rather than the governor.
The substitute amendment also requires Commerce, by rule, to establish an
alternative dispute resolution program designed to facilitate the timely, informal
resolution of certain disputes concerning defective manufactured homes and
manufactured home installations. The program applies to disputes among
manufactured home manufacturers, salespersons, dealers, and installers. The
program does not apply to disputes with consumers.
Current law contains numerous references to manufactured home parks. This
substitute amendment changes the term "park" in these references to the term
"community."
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB23-SSA2, s. 1
1Section
1. 15.157 (13) of the statutes is created to read:
SB23-SSA2,5,3
115.157
(13) Manufactured housing code council. (a) There is created in the
2department of commerce a manufactured housing code council consisting of the
3following members appointed by the secretary of commerce for 3-year terms:
SB23-SSA2,5,44
1. Two members representing manufacturers of manufactured homes.
SB23-SSA2,5,55
2. Two members representing manufactured home dealers.
SB23-SSA2,5,66
3. Two members representing owners of manufactured home communities.
SB23-SSA2,5,77
4. Two members representing installers of manufactured homes.
SB23-SSA2,5,98
5. One member representing an association of the manufactured housing
9industry in Wisconsin.
SB23-SSA2,5,1110
6. One member representing suppliers of materials or services to the
11manufactured housing industry.
SB23-SSA2,5,1212
7. One member representing the public.
SB23-SSA2,5,1313
8. One member representing labor.
SB23-SSA2,5,1414
9. One member representing inspectors of manufactured homes.
SB23-SSA2,5,1715
(b) The council shall meet at least twice a year. An employee of the department
16designated by the secretary of the department shall serve as nonvoting secretary of
17the council.
SB23-SSA2, s. 2
18Section
2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
19the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB23-SSA2, s. 3
1Section
3. 20.143 (1) (jp) of the statutes is created to read:
SB23-SSA2,6,52
20.143
(1) (jp)
Manufactured housing rehabilitation and recycling; program
3revenue. The amounts in the schedule for the administration of and for grants under
4s. 560.285. All moneys received under s. 101.9208 (2m) shall be credited to this
5appropriation.
SB23-SSA2, s. 4
6Section
4. 20.143 (3) (j) of the statutes is amended to read:
SB23-SSA2,6,147
20.143
(3) (j)
Safety and building operations. The amounts in the schedule for
8the purposes of chs. 101, 145, and 168 and ss. 236.12 (2) (a), 236.13 (1) (d) and (2m),
9and 236.335. All moneys received under ch. 145, ss. 101.177 (4) (a) 4., 101.178,
10101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4),
101.9205 (3), 101.9208 (1) (b),
11101.9213 (8), 101.935, 101.951 (2), 101.952 (2), 101.955 (2), 101.973 (7), and 236.12
12(7),
and 2001 Wisconsin Act 16, section 9110 (3z),
except moneys received under s.
13101.9208 (2m), and all moneys transferred under 2005 Wisconsin Act .... (this act),
14section 76 (6), shall be credited to this appropriation.
SB23-SSA2,7,4
120.855
(4) (f)
Supplemental title fee matching. From the general fund, a sum
2sufficient equal to the amount of supplemental title fees collected under
ss. 101.9208
3(1) (dm) and s. 342.14 (3m), as determined under s. 85.037, to be transferred to the
4environmental fund on October 1 annually.
SB23-SSA2, s. 8
6Section
8. 25.40 (2) (b) 19g. of the statutes is repealed.
SB23-SSA2,7,98
25.46
(19) The environmental impact fees imposed under
ss. 101.9208 (1) (b)
9and s. 342.14 (1r) for environmental management.
SB23-SSA2,7,1311
66.1019
(2m) Manufactured homes. (a) Ordinances enacted, or resolutions
12adopted, on or after January 1, 2007, by any county, city, village, or town relating to
13manufactured home installation shall conform to s. 101.96.
SB23-SSA2,7,1714
(b) If a city, village, town, or county has in effect on or after January 1, 2007,
15an ordinance or resolution relating to manufactured home installation that does not
16conform to s. 101.96, the ordinance or resolution does not apply and may not be
17enforced.
SB23-SSA2,7,23
1985.037 Certification of fees collected. Annually, no later than October 1,
20the secretary of transportation shall certify to the secretary of administration the
21amount of fees collected under
ss. 101.9208 (1) (dm) and s. 342.14 (3m) during the
22previous fiscal year, for the purpose of determining the amounts to be transferred
23under s. 20.855 (4) (f) during the current fiscal year.
SB23-SSA2, s. 12
24Section
12. 100.20 (2) (b) of the statutes is amended to read:
SB23-SSA2,8,6
1100.20
(2) (b) Notwithstanding par. (a), the department may not issue any
2order or promulgate any rule that regulates the provision of water or sewer service
3by a manufactured home
park community operator, as defined in s. 101.91 (8), or
4manufactured home
park community contractor, as defined in s. 101.91 (6m), or
5enforce any rule to the extent that the rule regulates the provision of such water or
6sewer service.
SB23-SSA2, s. 13
7Section
13. 101.125 (1) (a) of the statutes is amended to read:
SB23-SSA2,8,168
101.125
(1) (a) "Building" means a place of employment or a public building and
9includes, without limitation because of enumeration, wholesale and retail stores,
10storerooms, office buildings, factories, warehouses, governmental buildings, hotels,
11hospitals, motels, dormitories, sanatoriums, nursing homes, retirement homes,
12theaters, stadiums, gymnasiums, amusement park buildings, schools and other
13buildings used for educational purposes, places of worship and other places of public
14assembly and all residences including mobile homes, manufactured
or homes, 15industrialized housing, lodging homes
, and any other building used as a dwelling for
16one or more persons.
SB23-SSA2, s. 15
18Section
15. 101.19 (1) (f) of the statutes is amended to read:
SB23-SSA2,8,2119
101.19
(1) (f)
Defraying the cost
Administration of the manufactured dwelling
20program, the one- and two-family dwelling programs
, the manufactured home and
21mobile home program, and the multifamily dwelling program.
SB23-SSA2,9,223
101.91
(1i) "Installation standards" means specifications for the proper
24installation of manufactured homes at their place of occupancy to ensure proper
1siting, the joining of all sections of the manufactured home, connection to existing
2utility services and the installation of stabilization, support, or anchoring systems.
SB23-SSA2,9,54
101.91
(1j) "Installer" means a person who is in the business of installing new
5manufactured homes.
SB23-SSA2,9,87
101.91
(1t) "Licensed installer" means an installer licensed under s. 101.96 (2)
8(b).
SB23-SSA2,9,1110
101.91
(1v) "Licensed manufacturer" means a manufactured home
11manufacturer licensed under s. 101.95.
SB23-SSA2, s. 20
12Section
20. 101.91 (2) (a) and (b) of the statutes are consolidated, renumbered
13101.91 (2) (am) and amended to read:
SB23-SSA2,9,2314
101.91
(2) (am) A structure
, transportable in one or more sections, which in the
15traveling mode is 8 body feet or more in width or 40 body feet or more in length, or,
16when erected on site is 320 or more square feet, and which is built on a permanent
17chassis and that is designed to be used as a dwelling with or without a permanent
18foundation
when connected to the required utilities. (b) A structure which meets all
19the requirements of par. (a) except the size requirements, and with respect to which
20the manufacturer voluntarily files a certification required by the secretary of
21housing and urban development and
complies that is certified by the federal
22department of housing and urban development as complying with the standards
23established under
42 USC 5401 to
5425.
SB23-SSA2,10,6
1101.91
(5m) "Manufactured home
park community" means any plot or plots of
2ground upon which 3 or more manufactured homes that are occupied for dwelling or
3sleeping purposes are located. "Manufactured home
park community" does not
4include a farm where the occupants of the manufactured homes are the father,
5mother, son, daughter, brother or sister of the farm owner or operator or where the
6occupants of the manufactured homes work on the farm.
SB23-SSA2,10,138
101.91
(6m) "Manufactured home
park community contractor" means a
9person, other than a public utility, as defined in s. 196.01 (5) (a), who, under a
10contract with a manufactured home
park community operator, provides water or
11sewer service to a manufactured home
park community occupant or performs a
12service related to providing water or sewer service to a manufactured home
park 13community occupant.
SB23-SSA2,10,1615
101.91
(7) "Manufactured home
park
community occupant" means a person
16who rents or owns a manufactured home in a manufactured home
park community.
SB23-SSA2,10,2018
101.91
(8) "Manufactured home
park
community operator" means a person
19engaged in the business of owning or managing a manufactured home
park 20community.
SB23-SSA2,11,4
1101.92
(6) May enter into reciprocal agreements with other states regarding
2the
design, construction, inspection
, installation, and labeling of manufactured
3homes where the laws or rules of other states meet the intent of this subchapter and
4where the laws or rules are actually enforced.
SB23-SSA2,11,76
101.92
(9) Shall promulgate rules and establish standards necessary to carry
7out the purposes of ss.
101.953 101.951 and
101.954 101.952.
SB23-SSA2,11,149
101.9203
(4) The owner of a manufactured home that is situated in this state
10or intended to be situated in this state is not required to make application for a
11certificate of title under s. 101.9209 if the owner of the manufactured home intends,
12upon acquiring the manufactured home, to
permanently affix make the
13manufactured home
a fixture to land
that in which the owner of the manufactured
14home
owns has an ownership or leasehold interest subject to ch. 706.
SB23-SSA2, s. 32
15Section
32. 101.9204 (1m) of the statutes is amended to read:
SB23-SSA2,11,1816
101.9204
(1m) On the form or in the automated format for application for a
17certificate of title, the department may show the fee under s. 101.9208
(1) (dm) (4m) 18separately from the fee under s. 101.9208 (1)
(a) or
(d) (4).
SB23-SSA2,11,2220
101.9205
(3) The department shall
charge establish, by rule under s. 101.19, 21a fee of not less than $2 for conducting a file search of manufactured home title
22records.
SB23-SSA2, s. 34
23Section
34. 101.9208 (1) (intro.) of the statutes is renumbered 101.9208
24(intro.) and amended to read:
SB23-SSA2,12,2
1101.9208 Fees. (intro.)
The department shall be paid the The following fees
2shall be determined by the department by rule under s. 101.19:
SB23-SSA2, s. 35
3Section
35. 101.9208 (1) (a) of the statutes is renumbered 101.9208 (1) and
4amended to read:
SB23-SSA2,12,65
101.9208
(1) For filing an application for the first certificate of title
, $8.50,
to
6be paid by the owner of the manufactured home.
SB23-SSA2, s. 37
8Section
37. 101.9208 (1) (c) of the statutes is renumbered 101.9208 (3) and
9amended to read: