AB1085: Bill Text

AB1085, s. 118 Section 118. 347.45 (1) of the statutes is amended to read:

AB1085,40,10 347.45 (1) All automobiles, motor trucks, motor buses, truck tractors, trailers, semitrailers, recreational vehicles, and mobile homes when operated upon a highway shall be completely equipped with tires inflated with compressed air and all other motor vehicles when operated on a highway shall be equipped with tires of rubber or of some material or construction of equal resiliency. No person may operate on a highway any motor vehicle, trailer, semitrailer, recreational vehicle, or mobile home having any metal tire in contact with the roadway, except that tire chains of reasonable proportions may be used when required for safety because of snow, ice or other conditions tending to cause a vehicle to skid, and except as provided in sub. (2) (c).

AB1085, s. 119 Section 119. 347.47 (2) of the statutes is amended to read:

AB1085,41,2 347.47 (2) No person shall operate a motor vehicle drawing a trailer, semitrailer, recreational vehicle, or mobile home upon a highway unless the hitch and coupling attaching the trailer, semitrailer, recreational vehicle, or mobile home to the vehicle by which it is drawn is of such construction as to cause such trailer, semitrailer, recreational vehicle, or mobile home to follow in direct line with the propelling vehicle without dangerous side swing or wobble. The hitch and coupling, the surface to which they are attached, and the connections, shall be of sufficient strength to prevent failure under all conditions of operation. The hitch is that part of the connecting mechanism, including the coupling platform and its attaching members or weldments, which is attached to the towing vehicle. The coupling is that part of the connecting mechanism, including the coupling and its attaching members or weldments, which is attached to the trailer, recreational vehicle, or mobile home and by which connection is made to the hitch. If a device is used between the trailer proper and the coupling such as a pole, such device shall also meet the requirements of this section.

AB1085, s. 120 Section 120. 347.47 (4) of the statutes is amended to read:

AB1085,41,6 347.47 (4) Trailer, semitrailer, recreational vehicle, and mobile home couplings and the safety chains, leveling bars or cables shall be of such minimum strength, design and type as established by published rule of the department.

AB1085, s. 121 Section 121. 348.06 (1) of the statutes, as affected by 2005 Wisconsin Act 11, is amended to read:

AB1085,41,11 348.06 (1) Except as provided in subs. (2) and (2m), no person, without a permit therefor, may operate on a highway any motor vehicle, mobile home, recreational vehicle, trailer, or semitrailer having an overall height in excess of 13 1/2 feet.

AB1085, s. 122 Section 122. 348.07 (2) (c) of the statutes is amended to read:

AB1085,41,14 348.07 (2) (c) Forty five feet for mobile homes recreational vehicles, motor homes, and motor buses.

AB1085, s. 123 Section 123. 348.07 (3) (a) of the statutes is amended to read:

AB1085,41,17 348.07 (3) (a) The overall length of a mobile home or recreational vehicle shall be measured from the rear thereof to the rear of the vehicle to which it is attached.

AB1085, s. 124 Section 124. 348.10 (5) (intro.) of the statutes is amended to read:

AB1085,41,21 348.10 (5) (intro.) The load imposed upon trailers or, semitrailers, recreational vehicles, or mobile homes shall be distributed in a manner that will prevent side sway under all conditions of operation:

AB1085, s. 125 Section 125. 348.10 (5) (a) of the statutes is amended to read:

AB1085,42,2 348.10 (5) (a) All items of load carried by any trailer, semitrailer, recreational vehicle, or mobile home, except bulk material such as sand, gravel, dirt not in containers, shall be secured to, on or in the trailer, semitrailer, recreational vehicle, or mobile home in such manner as to prevent shifting of the load while the trailer, semitrailer, recreational vehicle, or mobile home is being drawn by a towing vehicle.

AB1085, s. 126 Section 126. 348.10 (5) (c) of the statutes is amended to read:

AB1085,42,7 348.10 (5) (c) The load carried by any trailer, semitrailer, recreational vehicle, or mobile home shall be so positioned that a weight of not less than 35 pounds is imposed at the center of the point of attachment to the towing vehicle when parked on a level surface.

AB1085, s. 127 Section 127. 348.26 (4) of the statutes is amended to read:

AB1085,42,13 348.26 (4) Mobile home, manufactured home, and modular home permits. Single trip permits for the movement of oversize mobile homes, manufactured homes, and modular homes may be issued only by the department, regardless of the highways to be used. Every such permit shall designate the route to be used by the permittee.

AB1085, s. 128 Section 128. 348.27 (7) of the statutes is amended to read:

AB1085,42,21 348.27 (7) Mobile home, manufactured home, and modular home permits. The department may issue annual or consecutive month statewide permits to licensed mobile home, manufactured home, or modular home transport companies and to licensed mobile home, manufactured home, or modular home manufacturers and dealers authorizing them to transport oversize mobile homes, manufactured homes, or modular homes over any of the highways of the state in the ordinary course of their business.

AB1085, s. 129 Section 129. 348.27 (7m) of the statutes, as affected by 2005 Wisconsin Act .... (Senate Bill 45), is amended to read:

AB1085,43,14 348.27 (7m) The department may issue an annual or consecutive month permit for the movement of a 3-vehicle combination consisting of a towing vehicle and, in order by weight, with the lighter of the towed vehicles as the 3rd vehicle in the 3-vehicle combination unless not structurally possible, a mobile home recreational vehicle or camping trailer, and a trailer for a personal recreational vehicle, if the overall length of the combination of vehicles does not exceed 60 feet and the towed vehicles are for the use of the operator of the towing vehicle. A permit under this subsection may be issued only by the department, regardless of the highways to be used. The department may designate the routes that may be used by the permittee. The fee for an annual permit under this subsection is $40. The fee for a consecutive month permit under this subsection shall be determined in the manner provided in s. 348.25 (8) (bm), except that the $40 fee for an annual permit under this subsection shall be used in the computation. No 3-vehicle combination may operate under this paragraph if highway or weather conditions include heavy snow, freezing rain, icy roads, high winds, limited visibility, or upon a highway that is closed or partially closed by the department due to highway conditions.

AB1085, s. 130 Section 130. 349.03 (2) of the statutes is amended to read:

AB1085,43,23 349.03 (2) No local authority may enact or enforce any traffic regulation providing for suspension or revocation of motor vehicle operator's licenses or requiring local registration of vehicles, except as authorized by s. 341.35, or in any manner excluding or prohibiting any motor vehicle, mobile home, vehicle transporting a manufactured home or modular home, recreational vehicle, trailer, or semitrailer whose owner has complied with chs. 341 to 348 from the free use of all highways, except as authorized by sub. (3) and ss. 66.0429 (1) and (3), 349.13, 349.17, 349.22 and 349.23.

AB1085, s. 131 Section 131. 422.201 (12m) of the statutes is amended to read:

AB1085,44,4 422.201 (12m) This section does not apply to consumer credit sales of or consumer loans secured by a first lien on or equivalent security interest in mobile homes or manufactured homes, as defined in s. 138.056 (1) (bm) 101.91, if the sales or loans are made on or after November 1, 1981.

AB1085, s. 132 Section 132. 422.202 (2) (intro.) of the statutes is amended to read:

AB1085,44,12 422.202 (2) (intro.) With respect to a consumer credit transaction which involves a mobile manufactured home transaction as defined in s. 138.056 (1) (c) or the extension of credit secured by an interest in real property, the parties may agree to the payment by the customer of the following charges in addition to the finance charge, if they will be paid to persons not related to the merchant, are reasonable in amount, bona fide and not for the purpose of circumvention or evasion of this subchapter:

AB1085, s. 133 Section 133. 422.209 (1m) (a) 2. of the statutes is amended to read:

AB1085,44,17 422.209 (1m) (a) 2. The loan administration fee is for a consumer loan that is secured primarily by an interest in real property or in a mobile home, as defined in s. 138.056 (1) (bm) 101.91 (10), or in a manufactured home, as defined in s. 101.91 (2).

AB1085, s. 134 Section 134. 422.209 (6m) of the statutes is amended to read:

AB1085,44,25 422.209 (6m) For purpose of this section, the finance charge in a mobile manufactured home transaction as defined in s. 138.056 (1) (c) does not include fees, discounts, or other sums actually imposed by the government national mortgage association, the federal national mortgage association, the federal home loan mortgage corporation or other governmentally sponsored secondary mortgage market purchaser of the loan or any private secondary mortgage market purchaser of the loan who is not a person related to the original lender.

AB1085, s. 135 Section 135. 422.402 (5) (intro.) of the statutes is amended to read:

AB1085,45,4 422.402 (5) (intro.) This section does not apply to a mobile manufactured home transaction as defined in s. 138.056 (1) (c) made on or after November 1, 1981, and before November 1, 1984, if:

AB1085, s. 136 Section 136. 422.402 (5) (b) of the statutes is amended to read:

AB1085,45,10 422.402 (5) (b) The unequal or irregular payment is the final scheduled payment of the transaction, and the merchant agrees to refinance the final scheduled payment at a rate of interest not in excess of the rate disclosed pursuant to subch. III of ch. 422 by more than one percent multiplied by the number of 6-month periods in the term of the immediately prior mobile manufactured home transaction.

AB1085, s. 137 Section 137. 422.413 (2g) (intro.) of the statutes is amended to read:

AB1085,45,18 422.413 (2g) (intro.) In any consumer credit transaction in which the collateral is a motor vehicle as defined in s. 340.01 (35), a trailer as defined in s. 340.01 (71), a snowmobile as defined in s. 340.01 (58a), a boat as defined in s. 30.50 (2), an aircraft as defined in s. 114.002 (3), or a mobile home or manufactured home as defined in s. 138.056 (1) (bm) 101.91, a writing evidencing the transaction may provide for the creditor's recovery of all of the following expenses, if the expenses are reasonable and bona fide:

AB1085, s. 138 Section 138. 424.301 (1) (b) 1. of the statutes is amended to read:

AB1085,45,21 424.301 (1) (b) 1. The actual cash value or stated value of any motor vehicle, manufactured home, or mobile home in which the creditor holds a security interest.

AB1085, s. 139 Section 139. 707.02 (4) of the statutes is amended to read:

AB1085,46,2 707.02 (4) "Campground" means real property that is available for use by campground members under a campground contract and is intended for camping or outdoor recreation, including the use of campsites and campground amenities by campground members, but does not include a manufactured and mobile home park community as defined in s. 66.0435 (1) (e).

AB1085, s. 140 Section 140. 710.15 (title) of the statutes is amended to read:

AB1085,46,5 710.15 (title) Mobile Manufactured and mobile home park community regulations.

AB1085, s. 141 Section 141. 710.15 (1) (a) of the statutes is renumbered 710.15 (1) (ag) and amended to read:

AB1085,46,12 710.15 (1) (ag) "Lease" means a written agreement between an operator and a resident or mobile home occupant establishing the terms upon which the mobile home or manufactured home may be located in the park community or the mobile home occupant resident may occupy a mobile home or manufactured home in the park community.

AB1085, s. 142 Section 142. 710.15 (1) (am) of the statutes is created to read:

AB1085,46,14 710.15 (1) (am) "Manufactured home" has the meaning given in s. 101.91 (2).

AB1085, s. 143 Section 143. 710.15 (1) (b) of the statutes is amended to read:

AB1085,46,18 710.15 (1) (b) "Mobile home" has the meaning given under s. 66.0435 (1) (d) 101.91 (10), but does not include any unit used primarily for camping, touring or recreational purposes a recreational vehicle, as defined in s. 340.01 (48r).

AB1085, s. 144 Section 144. 710.15 (1) (c) of the statutes is amended to read:

AB1085,46,23 710.15 (1) (c) "Mobile home occupant Occupant" means a person who rents a mobile home or manufactured home in a park community from an operator or who occupies a mobile home or manufactured home located on a plot of ground that is rented in a community from an operator.

AB1085, s. 145 Section 145. 710.15 (1) (d) of the statutes is amended to read:

AB1085,47,3 710.15 (1) (d) "Operator" means a person engaged in the business of renting plots of ground or mobile homes or manufactured homes in a park community to mobile home or manufactured home owners or mobile home occupants.

AB1085, s. 146 Section 146. 710.15 (1) (e) of the statutes is renumbered 710.15 (1) (ad) and amended to read:

AB1085,47,8 710.15 (1) (ad) "Park Community" means a tract of land containing 2 3 or more plots of ground upon which mobile homes or manufactured homes are located in exchange for the payment of rent or any other fee pursuant to a lease.

AB1085, s. 147 Section 147. 710.15 (1) (f) of the statutes is amended to read:

AB1085,47,12 710.15 (1) (f) "Resident" means a person who rents a mobile home or manufactured home site in a park community from an operator and who occupies the mobile home or site as his or her residence.

AB1085, s. 148 Section 148. 710.15 (1m) of the statutes is amended to read:

AB1085,47,17 710.15 (1m) Requirement and term of lease. Every agreement for the rental of a mobile home site or mobile home or manufactured home site shall be by lease. Every lease shall be for a term of at least one year unless the resident or mobile home occupant requests a shorter term and the operator agrees to the shorter term.

AB1085, s. 149 Section 149. 710.15 (2) of the statutes is amended to read:

AB1085,47,22 710.15 (2) Rules included in lease. All park community rules that substantially affect the rights or duties of residents or mobile home occupants or of operators, including park community rules under sub. (2m) (b), shall be made a part of every lease between them.

AB1085, s. 150 Section 150. 710.15 (2m) (a) of the statutes is amended to read:

AB1085,47,25 710.15 (2m) (a) Every lease shall state whether the park community contains an emergency shelter.

AB1085, s. 151 Section 151. 710.15 (2m) (b) of the statutes is amended to read:

AB1085,48,4 710.15 (2m) (b) If a park community contains an emergency shelter under par. (a), the park community rules shall state the location of the emergency shelter and procedures for its use.

AB1085, s. 152 Section 152. 710.15 (3) of the statutes is amended to read:

AB1085,48,10 710.15 (3) Prohibited consideration of age of mobile home or manufactured home. (a) An operator may not deny a resident the opportunity to enter into or renew, and may not include, exclude or alter any terms of, a lease to continue to locate a mobile home or manufactured home in the park community solely or in any part on the basis of the age of the mobile home or manufactured home.

AB1085,48,14 (b) An operator may not require the removal of a mobile home or manufactured home from a park community solely or in any part on the basis of the age of the mobile home or manufactured home, regardless of whether the ownership or occupancy of the mobile home or manufactured home has changed or will change.

AB1085, s. 153 Section 153. 710.15 (4) of the statutes is amended to read:

AB1085,48,21 710.15 (4) Prohibited consideration of change in ownership or occupancy of mobile home or manufactured home. An operator may not require the removal of a mobile home or manufactured home from a park community solely or in any part because the ownership or occupancy of the mobile home or manufactured home has changed or will change. An operator may refuse to enter into an initial lease with a prospective resident or mobile home occupant for any other lawful reason.

AB1085, s. 154 Section 154. 710.15 (4m) of the statutes is amended to read:

AB1085,48,25 710.15 (4m) No interest in real estate; screening permitted. Neither sub. (3) (b) nor sub. (4) creates or extends any interest in real estate or prohibits the lawful screening of prospective residents and mobile home occupants by an operator.

AB1085, s. 155 Section 155. 710.15 (5m) (intro.) of the statutes is amended to read:

AB1085,49,6 710.15 (5m) Termination of tenancy or nonrenewal of lease. (intro.) Notwithstanding ss. 704.17 and 704.19, the tenancy of a resident or mobile home occupant in a park community may not be terminated, nor may the renewal of the lease be denied by the park community operator, except upon any of the following grounds:

AB1085, s. 156 Section 156. 710.15 (5m) (a) of the statutes is amended to read:

AB1085,49,9 710.15 (5m) (a) Failure to pay rent due, or failure to pay taxes or any other charges due for which the park community owner or operator may be liable.

AB1085, s. 157 Section 157. 710.15 (5m) (e) of the statutes is amended to read:

AB1085,49,14 710.15 (5m) (e) Violation of park community rules that endangers the health or safety of others or disrupts the right to the peaceful enjoyment and use of the premises by others, after written notice to cease the violation has been delivered to the resident or mobile home occupant.

AB1085, s. 158 Section 158. 710.15 (5m) (em) of the statutes is amended to read:

AB1085,49,18 710.15 (5m) (em) Violation of federal, state or local laws, rules or ordinances relating to mobile homes or manufactured homes after written notice to cease the violation has been delivered to the resident or mobile home occupant.

AB1085, s. 159 Section 159. 710.15 (5m) (f) of the statutes is amended to read:

AB1085,49,21 710.15 (5m) (f) The park community owner or operator seeks to retire the park community permanently from the rental housing market.

AB1085, s. 160 Section 160. 710.15 (5m) (g) of the statutes is amended to read:

AB1085,50,2 710.15 (5m) (g) The park community owner or operator is required to discontinue use of the park community for the purpose rented as a result of action taken against the park community owner or operator by local or state building or health authorities and it is necessary for the premises to be vacated to satisfy the relief sought by the action.

AB1085, s. 161 Section 161. 710.15 (5m) (h) of the statutes is amended to read:

AB1085,50,7 710.15 (5m) (h) The physical condition of the mobile home or manufactured home presents a threat to the health or safety of its occupants or others in the park community or, by its physical appearance, disrupts the right to the enjoyment and use of the park community by others.