AB1085: Bill Text

AB1085, s. 50 Section 50. 77.51 (15) (b) 6. of the statutes is amended to read:

AB1085,22,11 77.51 (15) (b) 6. For the sale of a manufactured building modular home, as defined in s. 101.71 (6), or a manufactured home, as defined in s. 101.91 (2); at the retailer's option, except that after a retailer chooses an option, the retailer may not use the other option for other sales without the department's written approval; either 35% 35 percent of the sales price or an amount equal to the sales price minus the cost of the materials that become an ingredient or component part of the building.

AB1085, s. 51 Section 51. 77.52 (2) (a) 1. of the statutes is amended to read:

AB1085,23,8 77.52 (2) (a) 1. The furnishing of rooms or lodging to transients by hotelkeepers, motel operators and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for use of the accommodations. In this subdivision, "transient" means any person residing for a continuous period of less than one month in a hotel, motel or other furnished accommodations available to the public. In this subdivision, "hotel" or "motel" means a building or group of buildings in which the public may obtain accommodations for a consideration, including, without limitation, such establishments as inns, motels, tourist homes, tourist houses or courts, lodging houses, rooming houses, summer camps, apartment hotels, resort lodges and cabins and any other building or group of buildings in which accommodations are available to the public, except accommodations, including mobile homes as defined in s. 66.0435 (1) (d) 101.91 (10), manufactured homes as defined in s. 101.91 (2), and recreational vehicles as defined in s. 340.01 (48r), rented for a continuous period of more than one month and accommodations furnished by any hospitals, sanatoriums, or nursing homes, or by corporations or associations organized and operated exclusively for religious, charitable or educational purposes provided that no part of the net earnings of such corporations and associations inures to the benefit of any private shareholder or individual. In this subdivision, "one month" means a calendar month or 30 days, whichever is less, counting the first day of the rental and not counting the last day of the rental.

AB1085, s. 52 Section 52. 77.53 (17) of the statutes is amended to read:

AB1085,23,18 77.53 (17) This section does not apply to tangible personal property purchased outside this state, other than motor vehicles, boats, snowmobiles, mobile homes not exceeding 45 feet in length recreational vehicles, trailers, semitrailers, all-terrain vehicles and airplanes registered or titled or required to be registered or titled in this state, which is brought into this state by a nondomiciliary for the person's own storage, use or other consumption while temporarily within this state when such property is not stored, used or otherwise consumed in this state in the conduct of a trade, occupation, business or profession or in the performance of personal services for wages or fees.

AB1085, s. 53 Section 53. 77.53 (18) of the statutes is amended to read:

AB1085,23,25 77.53 (18) This section does not apply to the storage, use or other consumption in this state of household goods for personal use or to aircraft, motor vehicles, boats, snowmobiles, mobile homes, manufactured homes, recreational vehicles, trailers, semitrailers and all-terrain vehicles, for personal use, purchased by a nondomiciliary of this state outside this state 90 days or more before bringing the goods or property into this state in connection with a change of domicile to this state.

AB1085, s. 54 Section 54. 77.54 (7) (b) (intro.) of the statutes is amended to read:

AB1085,24,8 77.54 (7) (b) (intro.) If the item transferred is a motor vehicle, snowmobile, mobile home not exceeding 45 feet in length recreational vehicle, trailer, semitrailer, all-terrain vehicle or aircraft and the item is registered or titled, or required to be registered or titled, in this state or if the item is a boat that is registered or titled, or required to be registered or titled, in this state or under the laws of the United States, the exemption under par. (a) applies only if all of the following conditions are fulfilled:

AB1085, s. 55 Section 55. 77.54 (36) of the statutes is amended to read:

AB1085,24,14 77.54 (36) The gross receipts from the rental for a continuous period of one month or more of a mobile home, as defined in s. 66.0435 (1) (d) 101.91 (10), or a manufactured home, as defined in s. 101.91 (2), that is used as a residence. In this subsection, "one month" means a calendar month or 30 days, whichever is less, counting the first day of the rental and not counting the last day of the rental.

AB1085, s. 56 Section 56. 77.61 (1) (a) of the statutes is amended to read:

AB1085,24,19 77.61 (1) (a) No motor vehicle, boat, snowmobile, mobile home not exceeding 45 feet in length recreational vehicle, trailer, semitrailer, all-terrain vehicle or aircraft shall be registered or titled in this state unless the registrant presents proof that the sales or use taxes imposed by this subchapter have been paid.

AB1085, s. 57 Section 57. 77.61 (1) (c) of the statutes is amended to read:

AB1085,25,5 77.61 (1) (c) In the case of motor vehicles, boats, snowmobiles, mobile homes not exceeding 45 feet in length recreational vehicles, trailers, semitrailers, all-terrain vehicles or aircraft registered or titled, or required to be registered or titled, in this state purchased from persons who are not Wisconsin boat, trailer or semitrailer dealers, licensed Wisconsin aircraft, motor vehicle or mobile home recreational vehicle dealers or registered Wisconsin snowmobile or all-terrain vehicle dealers, the purchaser shall file a sales tax return and pay the tax prior to registering or titling the motor vehicle, boat, snowmobile, mobile home not exceeding 45 feet in length, trailer recreational vehicle, semitrailer, all-terrain vehicle or aircraft in this state.

AB1085, s. 58 Section 58. 77.71 (4) of the statutes is amended to read:

AB1085,25,16 77.71 (4) An excise tax is imposed at the rate of 0.5% 0.5 percent in the case of a county tax or at the rate under s. 77.705 or 77.706 in the case of a special district tax of the sales price upon every person storing, using or otherwise consuming a motor vehicle, boat, snowmobile, mobile home not exceeding 45 feet in length recreational vehicle, trailer, semitrailer, all-terrain vehicle or aircraft, if that property must be registered or titled with this state and if that property is to be customarily kept in a county that has in effect an ordinance under s. 77.70 or in a special district that has in effect a resolution under s. 77.705 or 77.706, except that if the buyer has paid a similar local sales tax in another state on a purchase of the same property that tax shall be credited against the tax under this subsection.

AB1085, s. 59 Section 59. 77.78 of the statutes is amended to read:

AB1085,25,24 77.78 Registration. No motor vehicle, boat, snowmobile, mobile home not exceeding 45 feet in length recreational vehicle, trailer, semitrailer, all-terrain vehicle or aircraft that is required to be registered by this state may be registered or titled by this state unless the registrant files a sales and use tax report and pays the county tax and special district tax at the time of registering or titling to the state agency that registers or titles the property. That state agency shall transmit those tax revenues to the department of revenue.

AB1085, s. 60 Section 60. 77.785 (2) of the statutes is amended to read:

AB1085,26,5 77.785 (2) Prior to registration or titling, boat, all-terrain vehicle, trailer and semi-trailer dealers and licensed aircraft, motor vehicle, mobile home manufactured home, recreational vehicle, and snowmobile dealers shall collect the taxes under this subchapter on sales of items under s. 77.71 (4). The dealer shall remit those taxes to the department of revenue along with payments of the taxes under subch. III.

AB1085, s. 61 Section 61. 77.995 (2) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

AB1085,26,16 77.995 (2) There is imposed a fee at the rate of 5% 5 percent of the gross receipts on the rental, but not for rerental and not for rental as a service or repair replacement vehicle of Type 1 automobiles, as defined in s. 340.01 (4) (a); of mobile homes, as defined in s. 340.01 (29); of recreational vehicles, as defined in s. 340.01 (48r); of motor homes, as defined in s. 340.01 (33m); and of camping trailers, as defined in s. 340.01 (6m) by establishments primarily engaged in short-term rental of vehicles without drivers, for a period of 30 days or less, unless the sale is exempt from the sales tax under s. 77.54 (1), (4), (7) (a), (7m) or (9a). There is also imposed a fee at the rate of 5% 5 percent of the gross receipts on the rental of limousines.

AB1085, s. 62 Section 62. 79.03 (3) (b) 4. a. of the statutes is amended to read:

AB1085,27,2 79.03 (3) (b) 4. a. "Local general purpose taxes" means the portion of tax increments collected for payment to a municipality under s. 66.1105 which is attributable to that municipality's own levy, the portion of environmental remediation tax increments collected for payment to a municipality or county under s. 66.1106 that is attributable to that municipality's or county's own levy, general property taxes, excluding taxes for a county children with disabilities education board, collected to finance the general purpose government unit, property taxes collected for sewage and sanitary districts, mobile home monthly municipal permit fees under s. 66.0435 (3), the proceeds of county sales and use taxes and municipal and county vehicle registration fees under s. 341.35 (1).

AB1085, s. 63 Section 63. 100.21 (1) (a) of the statutes is amended to read:

AB1085,27,7 100.21 (1) (a) "Dwelling unit" means a dwelling, as defined under s. 101.61, a manufactured building modular home, as defined under s. 101.71 (6), a manufactured home, as defined under s. 101.91 (2), or a multifamily dwelling, as defined under s. 101.971 (2).

AB1085, s. 64 Section 64. Subchapter III (title) of chapter 101 [precedes 101.70] of the statutes is amended to read:

AB1085,27,10 CHAPTER 101

AB1085,27,12 SUBCHAPTER III MANUFACTURED BUILDING Housing CODE

AB1085, s. 65 Section 65. 101.70 of the statutes is amended to read:

AB1085,27,19 101.70 Purpose. The purpose of this subchapter is to establish statewide standards and inspection procedures for the manufacture and installation of manufactured buildings for dwellings and modular homes and to promote interstate uniformity in standards for manufactured buildings and modular homes by authorizing the department to enter into reciprocal agreements with other states which that have equivalent standards.

AB1085, s. 66 Section 66. 101.71 (4) of the statutes is amended to read:

AB1085,27,23 101.71 (4) "Installation" means the assembly of a manufactured building modular home on-site and the process of affixing a manufactured building modular home to land, a foundation, footing or an existing building.

AB1085, s. 67 Section 67. 101.71 (6) (a) (intro.) of the statutes is amended to read:

AB1085,28,2 101.71 (6) (a) (intro.) "Manufactured building Modular home" means any structure or component thereof which is intended for use as a dwelling and:

AB1085, s. 68 Section 68. 101.71 (6) (b) of the statutes is amended to read:

AB1085,28,6 101.71 (6) (b) "Manufactured building Modular home" does not mean any manufactured home under s. 101.91 or any building of open construction which is not subject to par. (a) 2.

AB1085, s. 69 Section 69. 101.715 of the statutes is amended to read:

AB1085,28,11 101.715 Application. This subchapter applies to a dwelling the initial construction of which was commenced on or after December 1, 1978, except that s. 101.745 applies to a manufactured building modular home the initial manufacture of which was commenced on or after May 23, 1978.

AB1085, s. 70 Section 70. 101.72 of the statutes is amended to read:

AB1085,28,21 101.72 Dwelling code council. The dwelling code council shall review the standards and rules for manufactured buildings modular homes for dwellings and recommend a statewide manufactured building modular home code for adoption by the department which shall include rules providing for the conservation of energy in the construction and maintenance of dwellings. Such rules shall take into account the costs to home buyers of specific code provisions in relation to the benefits derived therefrom. Upon its own initiative or at the request of the department, the council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter.

AB1085, s. 71 Section 71. 101.73 (1) of the statutes is amended to read:

AB1085,29,5 101.73 (1) Adopt rules which establish standards for the use of building materials, methods and equipment in the manufacture and installation of manufactured buildings modular homes for use as dwellings or dwelling units. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems. Such rules shall take into account the conservation of energy in construction and maintenance of dwellings and the costs to home buyers of specific code provisions in relation to the benefits derived therefrom.

AB1085, s. 72 Section 72. 101.73 (1m) of the statutes is amended to read:

AB1085,29,8 101.73 (1m) Adopt a rule which requires any manufactured building modular home which uses electricity for space heating to be superinsulated.

AB1085, s. 73 Section 73. 101.73 (2) of the statutes is amended to read:

AB1085,29,16 101.73 (2) Adopt rules for the examination of plans and specifications and for periodic in-plant and on-site inspections of manufacturing facilities, processes, fabrication, assembly and installation of manufactured buildings modular homes to ensure that examinations and inspections are made in compliance with the rules adopted for construction, electrical wiring, heating, ventilating, air conditioning and other systems under ss. 101.70 to 101.77 and with the rules for indoor plumbing adopted by the department under ch. 145.

AB1085, s. 74 Section 74. 101.73 (3) of the statutes is amended to read:

AB1085,29,22 101.73 (3) Provide for examination of plans and specifications and in-plant inspections when contracted for by the manufacturer under s. 101.75 (1) and shall contract to provide on-site inspection services for the installation of manufactured buildings modular homes for dwellings, at municipal expense, for any municipality which requires such service under s. 101.76 or 101.761.

AB1085, s. 75 Section 75. 101.73 (5) of the statutes is amended to read:

AB1085,30,3 101.73 (5) Adopt rules for the certification, including provisions for suspension and revocation thereof, of on-site inspectors of the installation of manufactured buildings modular homes for dwellings. Persons certified as on-site inspectors may be employees of the department, a city, village, town or county or an independent agency.

AB1085, s. 76 Section 76. 101.73 (6) of the statutes is amended to read:

AB1085,30,9 101.73 (6) Adopt rules for the certification, including provisions for suspension and revocation thereof, of independent inspection agencies to conduct in-plant inspections of manufacturing facilities, processes, fabrication and assembly of manufactured buildings modular homes for dwellings and to certify compliance with this subchapter.

AB1085, s. 77 Section 77. 101.73 (7) of the statutes is amended to read:

AB1085,30,12 101.73 (7) Issue or recognize an insignia of compliance for dwellings which conform to the manufactured building modular home code.

AB1085, s. 78 Section 78. 101.73 (11) of the statutes is amended to read:

AB1085,30,15 101.73 (11) Hear petitions regarding the manufactured building modular home code, rules and special orders in accordance with s. 101.02 (6) (e) to (i) and (8).

AB1085, s. 79 Section 79. 101.74 (4) of the statutes is amended to read:

AB1085,30,19 101.74 (4) Provide for or engage in the testing, approval and certification of materials, devices and methods for the manufacture or installation of manufactured buildings modular homes.

AB1085, s. 80 Section 80. 101.74 (6) of the statutes is amended to read:

AB1085,30,23 101.74 (6) Adopt rules prescribing procedures for approving new building materials, devices and methods for the manufacture or installation of manufactured buildings modular homes for dwellings.

AB1085, s. 81 Section 81. 101.74 (7) of the statutes is amended to read:

AB1085,31,4 101.74 (7) Enter into reciprocal agreements with other states regarding the design, construction, inspection and labeling of manufactured buildings modular homes where the laws or rules of other states meet the intent of the manufactured building code and the rules promulgated under this subchapter.

AB1085, s. 82 Section 82. 101.745 (4) of the statutes is amended to read:

AB1085,31,8 101.745 (4) Requirement. The manufacturer of a manufactured building modular home shall install a functional smoke detector on each floor level except the attic or storage area of each dwelling unit.

AB1085, s. 83 Section 83. 101.75 (1) of the statutes is amended to read:

AB1085,31,16 101.75 (1) Inspections and compliance. Manufacturers of manufactured buildings modular homes shall contract with a certified independent inspection agency or the department to conduct in-plant inspections and certify compliance with this subchapter. Manufacturers shall reimburse the independent inspection agency in accordance with the terms of the contract or reimburse the department in accordance with fees established under s. 101.73 (12). All inspections shall be performed by persons certified by the department.

AB1085, s. 84 Section 84. 101.75 (2) of the statutes is amended to read:

AB1085,31,25 101.75 (2) Display of insignia required. All manufactured buildings modular homes manufactured, sold for initial use or installed within this state shall display, in a manner determined by the department, the insignia issued or recognized under ss. 101.73 (7) and 101.74 (7). All manufactured buildings modular homes bearing such insignia shall be deemed to comply with the requirements of all building ordinances and regulations of any local government except those related to zoning and siting requisites including but not limited to building setback, side and rear yard requirements and property line requirements.

AB1085, s. 85 Section 85. 101.75 (3) of the statutes is amended to read:

AB1085,32,4 101.75 (3) Department approval of alterations. No person shall alter an approved manufactured building modular home in any way prior to or during installation without the approval of the department.

AB1085, s. 86 Section 86. 101.76 (1) (a) of the statutes is amended to read:

AB1085,32,11 101.76 (1) (a) With the approval of the department, exercise jurisdiction over the installation of manufactured buildings modular homes for dwellings by passage of ordinances, provided such ordinances are in strict conformance with this subchapter and the on-site inspection is performed by persons certified by the department. Except as provided by s. 101.761, a county ordinance shall apply in any city, village or town which has not enacted such ordinance.

AB1085, s. 87 Section 87. 101.761 (3) of the statutes is amended to read:

AB1085,32,21 101.761 (3) The department or a county may not enforce this subchapter or an ordinance adopted under s. 101.76 (1) (a) or provide inspection services in a municipality unless requested to do so by a person with respect to a particular manufactured building modular home or by the municipality. A request by a person or a municipality with respect to a particular manufactured building modular home does not give the department or a county authority with respect to any other manufactured building modular home. Costs shall be collected under s. 101.76 (1) (c) or ss. 101.73 (12) and 101.76 (2) from the person or municipality making the request.

AB1085, s. 88 Section 88. 101.761 (5) of the statutes is amended to read:

AB1085,32,25 101.761 (5) This section does not affect the applicability of or ordinances adopted under this subchapter to manufacturers, builders and owners of manufactured buildings modular homes located in a municipality.

AB1085, s. 89 Section 89. 101.935 (1) of the statutes is amended to read:

AB1085,33,4 101.935 (1) The department shall license and regulate manufactured home parks communities. The department may investigate manufactured home parks communities and, with notice, may enter and inspect private property.

AB1085, s. 90 Section 90. 101.937 (2m) of the statutes is created to read:

AB1085,33,11 101.937 (2m) Metered service. If a public utility provides metered water service to a manufactured home community as a whole via a single master meter, the public utility may not charge a fee for water lost in distribution between the master meter and the unit meters, except to the extent that the loss, on a percentage basis, exceeds the public utility's system loss, as reflected in the records the public utility is required to keep under the rules of the public service commission.

AB1085, s. 91 Section 91. 101.971 (2) of the statutes is amended to read:

AB1085,33,18 101.971 (2) "Multifamily dwelling" means an apartment building, rowhouse, town house, condominium or manufactured building modular home, as defined in s. 101.71 (6), that does not exceed 60 feet in height or 6 stories and that consists of 3 or more attached dwelling units the initial construction of which is begun on or after January 1, 1993. "Multifamily dwelling" does not include a facility licensed under ch. 50.

AB1085, s. 92 Section 92. 106.50 (1m) (L) of the statutes is amended to read:

AB1085,34,2 106.50 (1m) (L) "Housing" means any improved property, or any portion thereof, including a mobile home as defined in s. 66.0435 (1) (d) 101.91 (10), manufactured home, as defined in s. 101.91 (2), or condominium, that is used or occupied, or is intended, arranged or designed to be used or occupied, as a home or residence. "Housing" includes any vacant land that is offered for sale or rent for the construction or location thereon of any building, structure or portion thereof that is used or occupied, or is intended, arranged or designed to be used or occupied, as a home or residence.

AB1085, s. 93 Section 93. 138.052 (1) (b) of the statutes is amended to read:

AB1085,34,8 138.052 (1) (b) "Loan" means a loan secured by a first lien real estate mortgage on, or an equivalent security interest in, a one- one-family to 4-family dwelling which the borrower uses as his or her principal place of residence and which is made, refinanced, renewed, extended or modified on or after November 1, 1981, but does not include a mobile manufactured home transaction as defined in s. 138.056 (1) (c).