SB23, s. 7
15Section
7. 25.40 (1) (fm) of the statutes is repealed.
SB23, s. 8
16Section
8. 25.40 (2) (b) 19g. of the statutes is repealed.
SB23, s. 9
17Section
9. 25.46 (19) of the statutes is amended to read:
SB23,6,1918
25.46
(19) The environmental impact fees imposed under
ss. 101.9208 (1) (b)
19and s. 342.14 (1r) for environmental management.
SB23, s. 10
20Section
10. 85.037 of the statutes is amended to read:
SB23,6,25
2185.037 Certification of fees collected. Annually, no later than October 1,
22the secretary of transportation shall certify to the secretary of administration the
23amount of fees collected under
ss. 101.9208 (1) (dm) and s. 342.14 (3m) during the
24previous fiscal year, for the purpose of determining the amounts to be transferred
25under s. 20.855 (4) (f) during the current fiscal year.
SB23, s. 11
1Section
11. 100.20 (2) (b) of the statutes is amended to read:
SB23,7,72
100.20
(2) (b) Notwithstanding par. (a), the department may not issue any
3order or promulgate any rule that regulates the provision of water or sewer service
4by a manufactured home
park community operator, as defined in s. 101.91 (8), or
5manufactured home
park community contractor, as defined in s. 101.91 (6m), or
6enforce any rule to the extent that the rule regulates the provision of such water or
7sewer service.
SB23, s. 12
8Section
12. 101.125 (1) (a) of the statutes is amended to read:
SB23,7,179
101.125
(1) (a) "Building" means a place of employment or a public building and
10includes, without limitation because of enumeration, wholesale and retail stores,
11storerooms, office buildings, factories, warehouses, governmental buildings, hotels,
12hospitals, motels, dormitories, sanatoriums, nursing homes, retirement homes,
13theaters, stadiums, gymnasiums, amusement park buildings, schools and other
14buildings used for educational purposes, places of worship and other places of public
15assembly and all residences including mobile homes, manufactured
or homes, 16industrialized housing, lodging homes
, and any other building used as a dwelling for
17one or more persons.
SB23, s. 13
18Section
13. 101.19 (1) (e) of the statutes is repealed.
SB23, s. 14
19Section
14. 101.19 (1) (f) of the statutes is amended to read:
SB23,7,2220
101.19
(1) (f)
Defraying the cost
Administration of the manufactured dwelling
21program, the one- and two-family dwelling programs
, the manufactured home and
22mobile home program, and the multifamily dwelling program.
SB23, s. 15
23Section
15. 101.91 (1i) of the statutes is created to read:
SB23,8,224
101.91
(1i) "Installation standards" means specifications for the proper
25installation 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, s. 16
3Section
16. 101.91 (1j) of the statutes is created to read:
SB23,8,54
101.91
(1j) "Installer" means a person who is in the business of installing new
5manufactured homes.
SB23, s. 17
6Section
17. 101.91 (1t) of the statutes is created to read:
SB23,8,87
101.91
(1t) "Licensed installer" means an installer licensed under s. 101.96 (2)
8(b).
SB23, s. 18
9Section
18. 101.91 (1v) of the statutes is created to read:
SB23,8,1110
101.91
(1v) "Licensed manufacturer" means a manufactured home
11manufacturer licensed under s. 101.95.
SB23, s. 19
12Section
19. 101.91 (2) (a) and (b) of the statutes are consolidated, renumbered
13101.91 (2) (am) and amended to read:
SB23,8,2214
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
that complies with the standards established
22under
42 USC 5401 to
5425.
SB23, s. 20
23Section
20. 101.91 (5m) of the statutes is amended to read:
SB23,9,424
101.91
(5m) "Manufactured home
park community" means any plot or plots of
25ground upon which 3 or more manufactured homes that are occupied for dwelling or
1sleeping purposes are located. "Manufactured home
park community" does not
2include a farm where the occupants of the manufactured homes are the father,
3mother, son, daughter, brother or sister of the farm owner or operator or where the
4occupants of the manufactured homes work on the farm.
SB23, s. 21
5Section
21. 101.91 (6m) of the statutes is amended to read:
SB23,9,116
101.91
(6m) "Manufactured home
park community contractor" means a
7person, other than a public utility, as defined in s. 196.01 (5) (a), who, under a
8contract with a manufactured home
park community operator, provides water or
9sewer service to a manufactured home
park community occupant or performs a
10service related to providing water or sewer service to a manufactured home
park 11community occupant.
SB23, s. 22
12Section
22. 101.91 (7) of the statutes is amended to read:
SB23,9,1413
101.91
(7) "Manufactured home
park
community occupant" means a person
14who rents or owns a manufactured home in a manufactured home
park community.
SB23, s. 23
15Section
23. 101.91 (8) of the statutes is amended to read:
SB23,9,1816
101.91
(8) "Manufactured home
park
community operator" means a person
17engaged in the business of owning or managing a manufactured home
park 18community.
SB23, s. 24
19Section
24. 101.92 (1) of the statutes is repealed.
SB23, s. 25
20Section
25. 101.92 (1m) of the statutes is repealed.
SB23, s. 26
21Section
26. 101.92 (5) of the statutes is repealed.
SB23, s. 27
22Section
27. 101.92 (6) of the statutes is amended to read:
SB23,9,2423
101.92
(6) May enter into reciprocal agreements with other states regarding
24the
design, construction, inspection
, installation, and labeling of manufactured
1homes where the laws or rules of other states meet the intent of this subchapter and
2where the laws or rules are actually enforced.
SB23, s. 28
3Section
28. 101.92 (9) of the statutes is amended to read:
SB23,10,54
101.92
(9) Shall promulgate rules and establish standards necessary to carry
5out the purposes of ss.
101.953 101.951 and
101.954 101.952.
SB23, s. 29
6Section
29. 101.9203 (4) of the statutes is amended to read:
SB23,10,127
101.9203
(4) The owner of a manufactured home that is situated in this state
8or intended to be situated in this state is not required to make application for a
9certificate of title under s. 101.9209 if the owner of the manufactured home intends,
10upon acquiring the manufactured home, to
permanently affix make the
11manufactured home
a fixture to land
that in which the owner of the manufactured
12home
owns has an ownership or leasehold interest subject to ch. 706.
SB23, s. 30
13Section
30. 101.9204 (1m) of the statutes is amended to read:
SB23,10,1614
101.9204
(1m) On the form or in the automated format for application for a
15certificate of title, the department may show the fee under s. 101.9208
(1) (dm) (4m) 16separately from the fee under s. 101.9208 (1)
(a) or
(d) (4).
SB23, s. 31
17Section
31. 101.9205 (3) of the statutes is amended to read:
SB23,10,2018
101.9205
(3) The department shall
charge establish, by rule under s. 101.19, 19a fee of not less than $2 for conducting a file search of manufactured home title
20records.
SB23, s. 32
21Section
32. 101.9208 (1) of the statutes is renumbered 101.9208 and amended
22to read:
SB23,10,24
23101.9208 The department shall be paid the The following fees
shall be
24determined by the department by rule under s. 101.19:
SB23,11,2
1(1) For filing an application for the first certificate of title
, $8.50,
to be paid by
2the owner of the manufactured home.
SB23,11,7
3(2) Upon filing an application under
par. (a) or (d) sub. (1) or (4), an
4environmental impact fee
of $9,
to be paid by the person filing the application.
All
5moneys collected under this subsection shall be credited to the environmental fund
6for environmental management. This paragraph does not apply after December 31,
72003.
SB23,11,10
8(3) For the original notation and subsequent release of each security interest
9noted upon a certificate of title, a single fee
of $4
to be paid by the owner of the
10manufactured home.
SB23,11,12
11(4) For a certificate of title after a transfer
, $8.50,
to be paid by the owner of the
12manufactured home.
SB23,11,18
13(4m) Upon filing an application under
par. (a) or (d) sub. (1) or (4), a
14supplemental title fee
of $7.50 to be paid by the owner of the manufactured home,
15except that this fee shall be waived with respect to an application under par. (d) for
16transfer of a decedent's interest in a manufactured home to his or her surviving
17spouse. The fee
specified required under this
paragraph is subsection shall be paid 18in addition to any other fee specified in this section.
SB23,11,20
19(5) For each assignment of a security interest noted upon a certificate of title,
20$1 to be paid by the assignee.
SB23,11,22
21(6) For a replacement certificate of title
, $8,
to be paid by the owner of the
22manufactured home.
SB23,12,2
23(7) For processing applications for certificates of title that have a special
24handling request for fast service
, a fee established by the department by rule, which
1fee shall approximate the cost to the department for providing this special handling
2service to persons so requesting.
SB23,12,4
3(8) For the reinstatement of a certificate of title previously suspended or
4revoked
, $25.
SB23, s. 33
5Section
33. 101.9208 (2) of the statutes is repealed.
SB23, s. 34
6Section
34. 101.9208 (2m) of the statutes is created to read:
SB23,12,97
101.9208
(2m) Upon filing an application under sub. (1) or (4), a manufactured
8housing rehabilitation and recycling fee, to be paid by the person filing the
9application.
SB23, s. 35
10Section
35. 101.9213 (8) of the statutes is amended to read:
SB23,12,1711
101.9213
(8) Upon request of a person who has perfected a security interest
12under this section, as shown by the records of the department, in a manufactured
13home titled in this state, whenever the department receives information from
14another state that the manufactured home is being titled in the other state and the
15information does not show that the security interest has been satisfied, the
16department shall notify the person. The
person shall pay the department
shall
17establish, by rule under s. 101.19, a
fee of not less than $2
fee for each notification.
SB23, s. 36
18Section
36. 101.925 of the statutes is repealed.
SB23, s. 37
19Section
37. 101.93 of the statutes is repealed.
SB23, s. 38
20Section
38. 101.933 of the statutes is created to read:
SB23,13,6
21101.933 Manufactured housing code council duties. The manufactured
22housing code council shall review this subchapter and rules promulgated under this
23subchapter and recommend a statewide manufactured housing code for
24promulgation by the department. The council shall consider and make
25recommendations to the department pertaining to rules and any other matter
1related to this subchapter, including recommendations with regard to licensure and
2professional discipline of manufacturers of manufactured homes, manufactured
3home dealers, manufactured home salespersons, and installers, and with regard to
4consumer protection applicable to consumers of manufactured homes. In making
5recommendations, the council shall consider the likely costs of any proposed rules to
6consumers in relation to the benefits that are likely to result therefrom.
SB23, s. 39
7Section
39. 101.935 (title) of the statutes is amended to read:
SB23,13,8
8101.935 (title)
Manufactured home park community regulation.
SB23, s. 40
9Section
40. 101.935 (2) (a) of the statutes is amended to read:
SB23,13,1410
101.935
(2) (a) The department or a village, city or county granted agent status
11under par. (e) shall issue permits to and regulate manufactured home
parks 12communities. No person, state or local government who has not been issued a permit
13under this subsection may conduct, maintain, manage or operate a manufactured
14home
park community.
SB23, s. 41
15Section
41. 101.935 (2) (c) 2. of the statutes is amended to read:
SB23,13,2116
101.935
(2) (c) 2. The department shall establish
, by rule
under s. 101.19, the
17permit fee and renewal fee for a permit issued under this subsection.
Beginning in
18fiscal year 2002-03, the The department may
increase the fees to recover establish
19a fee that defrays the cost of administering s. 101.937. An additional penalty fee, as
20established by the department by rule
under s. 101.19, is required for each permit
21if the biennial renewal fee is not paid before the permit expires.
SB23, s. 42
22Section
42. 101.935 (2) (d) of the statutes is amended to read:
SB23,14,1023
101.935
(2) (d) A permit may not be issued under this subsection until all
24applicable fees have been paid. If the payment is by check or other draft drawn upon
25an account containing insufficient funds, the permit applicant shall, within 15 days
1after receipt of notice from the department of the insufficiency, pay by cashier's check
2or other certified draft, money order or cash the fees to the department, late fees and
3processing charges that are specified by rules promulgated by the department. If the
4permit applicant fails to pay all applicable fees, late fees and the processing charges
5within 15 days after the applicant receives notice of the insufficiency, the permit is
6void. In an appeal concerning voiding of a permit under this paragraph, the burden
7is on the permit applicant to show that the entire applicable fees, late fees and
8processing charges have been paid. During any appeal process concerning a
9payment dispute, operation of the manufactured home
park community in question
10is considered to be operation without a permit.
SB23, s. 43
11Section
43. 101.935 (2m) of the statutes is amended to read:
SB23,14,1312
101.935
(2m) (a) The department shall inspect a manufactured home
park 13community in the following situations:
SB23,14,1514
1. Upon completion of the construction of a manufactured home
park 15community.
SB23,14,1716
2. Whenever a manufactured home
park community is modified, as defined by
17the department by rule.
SB23,14,1918
3. Whenever the department receives a complaint about a manufactured home
19park community.
SB23,14,2120
(b) The department may, with notice, inspect a manufactured home
park 21community whenever the department determines an inspection is appropriate.
SB23, s. 44
22Section
44. 101.937 (title), (1) and (2) of the statutes are amended to read:
SB23,15,8
23101.937 (title)
Water and sewer service to manufactured home parks
24communities. (1) Rules. The department shall promulgate rules that establish
25standards for providing water or sewer service by a manufactured home
park
1community operator or manufactured home
park community contractor to a
2manufactured home
park community occupant, including requirements for
3metering, billing, depositing, arranging deferred payment, installing service,
4refusing or discontinuing service, and resolving disputes with respect to service.
5Rules promulgated under this subsection shall ensure that any charge for water or
6sewer service is reasonable and not unjustly discriminatory, that the water or sewer
7service is reasonably adequate, and that any practice relating to providing the
8service is just and reasonable.
SB23,15,12
9(2) Permanent improvements. A manufactured home
park community 10operator may make a reasonable recovery of capital costs for permanent
11improvements related to the provision of water or sewer service to manufactured
12home
park community occupants through ongoing rates for water or sewer service.
SB23, s. 45
13Section
45. 101.937 (3) (a) of the statutes is amended to read:
SB23,15,1814
101.937
(3) (a) On its own motion or upon a complaint filed by a manufactured
15home
park community occupant, the department may issue an order or commence
16a civil action against a manufactured home
park community operator or
17manufactured home
park community contractor to enforce this section, any rule
18promulgated under sub. (1), or any order issued under this paragraph.
SB23, s. 46
19Section
46. 101.94 (2) of the statutes is amended to read:
SB23,16,220
101.94
(2) No person may manufacture, assemble, distribute or sell a
21manufactured home unless the manufactured home complies with
42 USC 5401 to
225425 and applicable regulations
as in effect on June 15, 1976. The department may
23establish, by rule, standards for the safe and sanitary design and construction of
24manufactured homes for the purpose of enforcement of this subchapter, and those
1standards may include standards in addition to any standards established by the
2secretary of housing and urban development under 42 USC 5401 to 5425.
SB23, s. 47
3Section
47. 101.94 (3) of the statutes is repealed.
SB23, s. 48
4Section
48. 101.94 (4) of the statutes is repealed.
SB23, s. 49
5Section
49. 101.94 (5) of the statutes is repealed.
SB23, s. 50
6Section
50. 101.94 (6) of the statutes is repealed.