1999 Wisconsin Act 53

(4) The transfer of a mobile manufactured home from one mobile manufactured home owner to another during the effective period of the warranty does not terminate the warranty, and subsequent mobile manufactured home owners shall be entitled to the full protection of the warranty for the duration of the warranty period as if the original mobile manufactured home owner had not transferred the mobile manufactured home.

53,57 Section 57. 101.954 of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

101.954 Sale or lease of used mobile manufactured homes. In the sale or lease of any used mobile manufactured home, the sales invoice or lease agreement shall contain the point of manufacture of the used mobile manufactured home, the name of the manufacturer and the name and address of the previous mobile home owner of the manufactured home.

53,58 Section 58. 101.955 (1) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

101.955 (1) The importation of a mobile manufactured home for sale in this state by an out-of-state manufacturer is considered an irrevocable appointment by that manufacturer of the department of financial institutions to be that manufacturer's true and lawful attorney upon whom may be served all legal processes in any action or proceeding against such manufacturer arising out of the importation of such mobile manufactured home into this state.

53,59 Section 59. 101.96 of the statutes is repealed.

53,60 Section 60. 101.965 (3) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

101.965 (3) Nothing in this subchapter prohibits the bringing of a civil action against a mobile manufactured home manufacturer, mobile manufactured home dealer or mobile manufactured home salesperson by an aggrieved consumer. If judgment is rendered for the consumer based on an act or omission by the mobile manufactured home manufacturer, mobile manufactured home dealer or mobile manufactured home salesperson, which constituted a violation of this subchapter, the plaintiff shall recover actual and proper attorney fees in addition to costs otherwise recoverable.

53,61 Section 61. 138.056 (1) (b) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

138.056 (1) (b) "Dwelling" includes a cooperative housing unit and a mobile home, as defined in s. 101.91 (2e).

53,62 Section 62. 138.056 (1) (bm) of the statutes is created to read:

138.056 (1) (bm) "Mobile home" means a vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction. "Mobile home" includes the mobile home structure, including the plumbing, heating and electrical systems and all appliances and all other equipment carrying a manufacturer's warranty.

53,63 Section 63. 138.056 (1) (c) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

138.056 (1) (c) "Mobile home transaction" means a consumer credit sale, as defined in s. 421.301 (9), of or a consumer loan, as defined in s. 421.301 (12), secured by a first lien or equivalent security interest in a mobile home, as defined in s. 101.91 (2e).

53,64 Section 64. 138.09 (7) (jm) 1. b. of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

138.09 (7) (jm) 1. b. The loan administration fee is charged for a consumer loan that is secured primarily by an interest in real property or in a mobile home, as defined in s. 101.91 (2e) 138.056 (1) (bm).

53,65 Section 65. 196.01 (3m) of the statutes, as created by 1997 Wisconsin Act 229, is repealed.

53,66 Section 66. 196.01 (3n) of the statutes, as affected by 1997 Wisconsin Act 229 and 1999 Wisconsin Act 9, is amended to read:

196.01 (3n) "Mobile home" has the meaning given in s. 101.91 (2e) for "manufactured home" in s. 101.91 (2).

53,67 Section 67. 196.01 (3p) of the statutes, as created by 1997 Wisconsin Act 229, is amended to read:

196.01 (3p) "Mobile home park" means any tract of land containing 2 or more individual plots of land that are rented or offered for rent for the accommodation of a mobile home or manufactured home.

53,68 Section 68. 196.01 (3s) of the statutes, as created by 1997 Wisconsin Act 229, is amended to read:

196.01 (3s) "Mobile home park occupant" means a person who rents or owns a mobile home or manufactured home in a mobile home park.

53,69 Section 69. 196.26 (1m) of the statutes, as affected by 1997 Wisconsin Act 229, is amended to read:

196.26 (1m) Complaint and investigation. If any mercantile, agricultural or manufacturing society, body politic, municipal organization or 25 persons file a complaint specified in sub. (1) (a) 1. against a public utility, or if the commission terminates a proceeding on a complaint under s. 196.199 (3) (a) 1m. b., or if a person files a complaint specified in sub. (1) (a) 3., the commission, with or without notice, may investigate the complaint under this section as it deems necessary. If the mobile home park occupants of 25% of the total number of manufactured homes or mobile homes in a mobile home park or the mobile home park occupants of 25 manufactured homes or mobile homes in a mobile home park, whichever is less, files a complaint against a mobile home park contractor or mobile home park operator, the commission, with or without notice, may investigate the complaint as it deems necessary. The commission may not issue an order based on an investigation under this subsection without a public hearing.

53,70 Section 70. 196.85 (2g) of the statutes, as created by 1997 Wisconsin Act 229, is amended to read:

196.85 (2g) The commission shall annually, within 90 days after the commencement of each fiscal year, assess against mobile home park operators the total amount appropriated under s. 20.155 (1) (i). The commission shall assess each mobile home park operator an amount in proportion to the total number of mobile homes and manufactured homes in all mobile home parks owned or managed by the mobile home park operator on July 1 of the current fiscal year as a fraction of the total number of mobile homes and manufactured homes in all mobile home parks in this state on July 1 of the current fiscal year. If necessary, the commission shall adjust the amount assessed to correct any incorrect assessment that was made in a prior fiscal year. A mobile home park operator shall pay the assessment within 30 days after the commission mails the bill to the mobile home park operator. The bill constitutes notice of the assessment and demand for payment. Payments shall be credited to the the appropriation account under s. 20.155 (1) (i).

53,71 Section 71. 341.05 (26) (a) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

341.05 (26) (a) Is a mobile home, as defined in s. 101.91 (2e), or a manufactured home, as defined in s. 101.91 (2).

53,72 Section 72. 422.201 (12m) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

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 as defined in s. 101.91 (2e) 138.056 (1) (bm), if the sales or loans are made on or after November 1, 1981.

53,73 Section 73. 422.209 (1m) (a) 2. of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

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. 101.91 (2e) 138.056 (1) (bm).

53,74 Section 74. 422.413 (2g) (intro.) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

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 as defined in s. 101.91 (2e) 138.056 (1) (bm), 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:

53,75 Section 75. Effective date.

(1) This act takes effect on July 1, 2000.