2007 Wisconsin Act 11

11,58 Section 58. 77.54 (7) (b) (intro.) of the statutes is amended to read:

77.54 (7) (b) (intro.) If the item transferred is a motor vehicle, snowmobile, mobile home not exceeding 45 feet in length recreational vehicle, as defined in s. 340.01 (48r), 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:

11,59m Section 59m. 77.54 (31) of the statutes is amended to read:

77.54 (31) The gross receipts from the sale of and the storage, use or other consumption in this state, but not the lease or rental, of used mobile homes that are primary housing units under s. 340.01 (29), as defined in s. 101.91 (10), and used manufactured homes, as defined in s. 101.91 (12).

11,60 Section 60. 77.54 (36) of the statutes is amended to read:

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.

11,61 Section 61. 77.61 (1) (a) of the statutes is amended to read:

77.61 (1) (a) No motor vehicle, boat, snowmobile, mobile home not exceeding 45 feet in length recreational vehicle, as defined in s. 340.01 (48r), 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.

11,62 Section 62. 77.61 (1) (c) of the statutes is amended to read:

77.61 (1) (c) In the case of motor vehicles, boats, snowmobiles, mobile homes not exceeding 45 feet in length recreational vehicles, as defined in s. 340.01 (48r), 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, as defined in s. 340.01 (48r), 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, as defined in s. 340.01 (48r), semitrailer, all-terrain vehicle, or aircraft in this state.

11,63 Section 63. 77.71 (4) of the statutes is amended to read:

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, as defined in s. 340.01 (48r), 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.

11,64 Section 64. 77.78 of the statutes is amended to read:

77.78 Registration. No motor vehicle, boat, snowmobile, mobile home not exceeding 45 feet in length recreational vehicle, as defined in s. 340.01 (48r), 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.

11,65 Section 65. 77.785 (2) of the statutes is amended to read:

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, as defined in s. 101.91 (2), recreational vehicle, as defined in s. 340.01 (48r), 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.

11,66 Section 66. 77.995 (2) of the statutes is amended to read:

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); 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.

11,67 Section 67. 79.03 (3) (b) 4. a. of the statutes is amended to read:

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).

11,68 Section 68. 100.21 (1) (a) of the statutes is amended to read:

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).

11,69 Section 69. Subchapter III (title) of chapter 101 [precedes 101.70] of the statutes is amended to read:

CHAPTER 101

SUBCHAPTER III
MANUFACTURED BUILDING modular home CODE

11,70 Section 70. 101.70 of the statutes is amended to read:

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 modular homes and to promote interstate uniformity in standards for manufactured buildings modular homes by authorizing the department to enter into reciprocal agreements with other states which that have equivalent standards.

11,71 Section 71. 101.71 (4) of the statutes is amended to read:

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.

11,72 Section 72. 101.71 (6) (a) (intro.) of the statutes is amended to read:

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

11,73 Section 73. 101.71 (6) (b) of the statutes is amended to read:

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.

11,74 Section 74. 101.715 of the statutes is amended to read:

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.

11,75 Section 75. 101.72 of the statutes is amended to read:

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.

11,76 Section 76. 101.73 (1) of the statutes is amended to read:

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.

11,77 Section 77. 101.73 (1m) of the statutes is amended to read:

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

11,78 Section 78. 101.73 (2) of the statutes is amended to read:

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.

11,79 Section 79. 101.73 (3) of the statutes is amended to read:

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.

11,80 Section 80. 101.73 (5) of the statutes is amended to read:

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.

11,81 Section 81. 101.73 (6) of the statutes is amended to read:

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.

11,82 Section 82. 101.73 (7) of the statutes is amended to read:

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

11,83 Section 83. 101.73 (11) of the statutes is amended to read:

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).

11,84 Section 84. 101.74 (4) of the statutes is amended to read:

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.

11,85 Section 85. 101.74 (6) of the statutes is amended to read:

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.

11,86 Section 86. 101.74 (7) of the statutes is amended to read:

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 modular home code and the rules promulgated under this subchapter.

11,87 Section 87. 101.745 (4) of the statutes is amended to read:

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.

11,88 Section 88. 101.75 (1) of the statutes is amended to read:

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.

11,89 Section 89. 101.75 (2) of the statutes is amended to read:

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.

11,90 Section 90. 101.75 (3) of the statutes is amended to read:

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.

11,91 Section 91. 101.76 (1) (a) of the statutes is amended to read:

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.

11,92 Section 92. 101.761 (3) of the statutes is amended to read:

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.

11,93 Section 93. 101.761 (5) of the statutes is amended to read:

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.

11,94 Section 94. 101.935 (1) of the statutes is amended to read:

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.

11,95 Section 95. 101.971 (2) of the statutes is amended to read:

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.

11,96 Section 96. 106.50 (1m) (L) of the statutes is amended to read:

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.

11,97 Section 97. 138.052 (1) (b) of the statutes is amended to read:

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) (bg).

11,98 Section 98. 138.056 (1) (b) of the statutes is amended to read:

138.056 (1) (b) "Dwelling" includes a cooperative housing unit and a mobile home or manufactured home.

11,99 Section 99. 138.056 (1) (bd) of the statutes is created to read:

138.056 (1) (bd) "Manufactured home" has the meaning given in s. 101.91 (2).

11,100 Section 100. 138.056 (1) (bm) of the statutes is amended 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 has the meaning given in s. 101.91 (10).

11,101 Section 101. 138.056 (1) (c) of the statutes is renumbered 138.056 (1) (bg) amended to read:

138.056 (1) (bg) "Mobile Manufactured 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 or manufactured home.