Amendment ASA1-AB133

AB133-ASA1, s. 1998pL Section 1998pL. 101.9217 of the statutes is created to read:

AB133-ASA1,1058,5 101.9217 Secured party's and owner's duties. (1) A secured party named in a certificate of title shall, upon written request of the owner or of another secured party named on the certificate, disclose any pertinent information as to the party's security agreement and the indebtedness secured by it.

AB133-ASA1,1058,13 (2) (a) An owner shall promptly deliver the owner's certificate of title to any secured party who is named on it or who has a security interest in the mobile home described in it under any other applicable prior law of this state, upon receipt of a notice from such secured party that the security interest is to be assigned, extended or perfected. Any owner who fails to deliver the certificate of title to a secured party requesting it under this paragraph shall be liable to such secured party for any loss caused to the secured party thereby and may be required to forfeit not more than $200.

AB133-ASA1,1058,16 (b) No secured party may take possession of any certificate of title except as provided in par. (a). Any person who violates this paragraph may be required to forfeit not more than $1,000.

AB133-ASA1,1058,18 (3) Any secured party who fails to disclose information under sub. (1) shall be liable for any loss caused to owner thereby.

AB133-ASA1, s. 1998pp Section 1998pp. 101.9218 of the statutes is created to read:

AB133-ASA1,1058,24 101.9218 Method of perfecting exclusive. The method provided in ss. 101.921 to 101.9218 of perfecting and giving notice of security interests subject to ss. 101.921 to 101.9218 is exclusive. Security interests subject to ss. 101.921 to 101.9218 are hereby exempted from the provisions of law which otherwise require or relate to the filing of instruments creating or evidencing security interests.

AB133-ASA1, s. 1998pt Section 1998pt. 101.9219 of the statutes is created to read:

AB133-ASA1,1059,3 101.9219 Withholding certificate of title; bond. (1) The department may not issue a certificate of title until the outstanding evidence of ownership is surrendered to the department.

AB133-ASA1,1059,6 (2) If the department is not satisfied as to the ownership of the mobile home or that there are no undisclosed security interests in it, the department, subject to sub. (3), shall either:

AB133-ASA1,1059,10 (a) Withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the department as to the applicant's ownership of the mobile home and that there are no undisclosed security interests in it; or

AB133-ASA1,1059,12 (b) Issue a distinctive certificate of title pursuant to s. 101.9206 (3) or 101.9222 (3).

AB133-ASA1,1059,14 (3) Notwithstanding sub. (2), the department may issue a nondistinctive certificate of title if the applicant fulfills either of the following requirements:

AB133-ASA1,1059,18 (a) The applicant is a mobile home dealer licensed under s. 101.951 and is financially responsible as substantiated by the last financial statement on file with the department, a finance company licensed under s. 138.09 or 218.01, a bank organized under the laws of this state, or a national bank located in this state.

AB133-ASA1,1060,12 (b) The applicant has filed with the department a bond in the form prescribed by the department and executed by the applicant, and either accompanied by the deposit of cash with the department or also executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount equal to 1.5 times the value of the mobile home as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the mobile home or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney fees, by reason of the issuance of the certificate of title of the mobile home or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the mobile home. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of 5 years or prior thereto if, apart from this section, a nondistinctive certificate of title could then be issued for the mobile home, or if the mobile home is no longer registered in this state and the currently valid certificate of title is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond.

AB133-ASA1, s. 1998px Section 1998px. 101.922 of the statutes is created to read:

AB133-ASA1,1060,15 101.922 Suspension or revocation of certificate. (1) The department shall suspend or revoke a certificate of title if it finds any of the following:

AB133-ASA1,1060,17 (a) That the certificate of title was fraudulently procured, erroneously issued or prohibited by law.

AB133-ASA1,1060,18 (b) That the mobile home has been scrapped, dismantled or destroyed.

AB133-ASA1,1060,19 (c) That a transfer of title is set aside by a court of record by order or judgment.

AB133-ASA1,1060,21 (2) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.

AB133-ASA1,1060,24 (3) When the department suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the department.

AB133-ASA1,1061,2 (4) The department may seize and impound any certificate of title which has been suspended or revoked.

AB133-ASA1, s. 1998tc Section 1998tc. 101.9221 of the statutes is created to read:

AB133-ASA1,1061,6 101.9221 Grounds for refusing issuance of certificate of title. The department shall refuse issuance of a certificate of title if any required fee has not been paid or for any of the following reasons:

AB133-ASA1,1061,7 (1) The department has reasonable grounds to believe that:

AB133-ASA1,1061,8 (a) The person alleged to be the owner of the mobile is not the owner.

AB133-ASA1,1061,9 (b) The application contains a false or fraudulent statement.

AB133-ASA1,1061,10 (2) The applicant has failed to furnish any of the following:

AB133-ASA1,1061,12 (a) If applicable, the power of attorney required under 15 USC 1988 or rules of the department.

AB133-ASA1,1061,14 (b) Any other information or documents required by law or by the department pursuant to authority of law.

AB133-ASA1,1061,16 (3) The applicant is a mobile home dealer and is prohibited from applying for a certificate of title under s. 101.921 (1) (a) or (b).

AB133-ASA1,1061,20 (4) Except as provided in ss. 101.9203 (3) and 101.921 (1) (a) for a certificate of title and registration for a mobile home owned by a nonresident, the applicant is a nonresident and the issuance of a certificate of title has not otherwise been authorized by rule of the department.

AB133-ASA1, s. 1998tg Section 1998tg. 101.9222 of the statutes is created to read:

AB133-ASA1,1061,24 101.9222 Previously certificated mobile homes. (1) In this section, "previously certificated mobile home" means a mobile home for which a certificate of title has been issued by the department of transportation prior to July 1, 2000.

AB133-ASA1,1062,2 (2) Sections 101.9213 to 101.9218 do not apply to a previously certificated mobile home until one of the following occurs:

AB133-ASA1,1062,3 (a) There is a transfer of ownership of the mobile home.

AB133-ASA1,1062,5 (b) The department of commerce issues a certificate of title of the mobile home under this chapter.

AB133-ASA1,1062,11 (3) If the department is not satisfied that there are no undisclosed security interests, created before July 1, 2000, in a previously certificated mobile home, the department shall, unless the applicant fulfills the requirements of s. 101.9219 (3), issue a distinctive certificate of title of the mobile home containing the legend "This mobile home may be subject to an undisclosed security interest" and any other information that the department prescribes.

AB133-ASA1,1062,13 (4) After July 1, 2000, a security interest in a previously certificated vehicle may be created and perfected only by compliance with ss. 101.9213 and 101.9218.

AB133-ASA1,1062,16 (5) (a) If a security interest in a previously certificated mobile home is perfected under any other applicable law of this state on July 1, 2000, the security interest continues perfected:

AB133-ASA1,1062,19 1. Until its perfection lapses under the law under which it was perfected, or until its perfection would lapse in the absence of a further filing or renewal of filing, whichever occurs sooner.

AB133-ASA1,1062,23 2. If, before the security interest lapses as described in subd. 1., there is delivered to the department the existing certificate of title together with the application and fee required by s. 101.9214 (1). In such case the department shall issue a new certificate pursuant to s. 101.9214 (3).

AB133-ASA1,1063,2 (b) If a security interest in a previously certificated mobile home was created, but was unperfected, under any other applicable law of this state on July 1, 2000, it may be perfected under par. (a), but such perfection dates only from the date of the department's receipt of the certificate.

AB133-ASA1, s. 1998tL Section 1998tL. 101.9223 of the statutes is created to read:

AB133-ASA1,1063,7 101.9223 Registration of mobile homes. (1) Definition. In this section, "owner" means, with respect to a mobile home that is leased to a lessee for a period of one year or more, the lessee of the mobile home for purposes of mobile home registration under this section.

AB133-ASA1,1063,10 (2) Application for registration. (a) Application for original registration and for renewal of registration shall be made to the department upon forms prescribed by it and shall be accompanied by the required fee.

AB133-ASA1,1063,12 (b) Applications for original registration of a mobile home shall contain the following information:

AB133-ASA1,1063,13 1. The name of the owner.

AB133-ASA1,1063,14 2. If the owner under subd. 1. is a lessee, the name of the lessor.

AB133-ASA1,1063,17 3. The name of the town, city or village in which the owner resides and, if the owner resides in a 1st or 2nd class city, the owner's true residential or business address.

AB133-ASA1,1063,20 4. If applicable, the name of the town, city or village in which the lessor resides and, if the lessor resides in a 1st or 2nd class city, the lessor's true residential or business address.

AB133-ASA1,1063,23 5. A description of the mobile home, including make, model, identification number and any other information which the department may reasonably require for proper identification of the mobile home.

AB133-ASA1,1063,25 6. The city, village or town and the county in which the mobile home is customarily situated.

AB133-ASA1,1064,3 7. Such further information as the department may reasonably require to enable it to determine whether the mobile home is by law entitled to registration or to enable it to determine the proper applicant or registration fee for the mobile home.

AB133-ASA1,1064,8 (c) The department may accept an application and complete registration of a mobile home when the evidence of ownership is held by a nonresident lienholder or for other reason is not immediately available and the department is satisfied as to ownership of the mobile home. The title fee shall be collected at the time of registration and retained even though certificate of title is not issued.

AB133-ASA1,1064,15 (d) Applications for renewal of registration shall contain the information required in par. (b) for original applications or such parts thereof as the department considers necessary to ensure the proper registration of the mobile home. The department may require that applications for renewal of registration be accompanied by the certificate of title issued for the mobile home only when the true ownership or proper registration of the mobile home is in doubt and cannot be resolved from records maintained by the department.

AB133-ASA1,1064,19 (e) At least 30 days prior to the expiration of a mobile home's registration, the department shall mail to the last-known address of the registrant a notice of the date upon which the registration must be renewed and an application form for renewal of registration.

AB133-ASA1,1064,21 (f) The department shall supply the clerk of each county with blank application forms for original registration of mobile homes.

AB133-ASA1,1065,2 (g) If the applicant for a certificate of registration is under 18 years of age, the application shall be accompanied by a statement made and signed by either of the applicant's parents, if such parent has custody of the minor; or, if neither parent has custody, then by the person having custody, stating that the applicant has the signer's consent to register the mobile home in the applicant's name. Any person who violates this subsection may be required to forfeit not more than $200.

AB133-ASA1,1065,9 (h) A mobile home's registration does not expire on the date of expiration of its registration if, on that date of expiration, the registrant is on active duty in the U.S. armed forces and is absent from this state. Any registration extended under this paragraph expires 30 days after the registrant returns to this state or 90 days after the registrant is discharged from active duty, whichever is earlier. If a registration is renewed after an extension under this subsection, the renewal period shall begin on the day after the date of expiration of registration.

AB133-ASA1,1065,11 (3) Grounds for refusing registration. The department shall refuse registration of a mobile home under any of the following circumstances:

AB133-ASA1,1065,17 (a) The required state fee and any municipal mobile home registration fee imposed by the town, village or city in which the mobile home is customarily situated has not been paid for the mobile home, and the department may refuse registration of a mobile home if such fees for the current period or for any previous period for which payment of a registration fee is required by law have not been paid on any other mobile homes owned by the applicant for registration.

AB133-ASA1,1065,18 (b) The applicant has failed to furnish any of the following:

AB133-ASA1,1065,20 1. If applicable, the power of attorney required under 15 USC 1988 or rules of the department.

AB133-ASA1,1065,22 2. Other information or documents required by law or by the department pursuant to authority of law.

AB133-ASA1,1066,2 (c) A certificate of title is a prerequisite to registration of the mobile home and, except for an applicant who is the lessee of a mobile home, a valid certificate of title has not been issued to the applicant for the mobile home and the applicant is not entitled to the issuance of a certificate of title.

AB133-ASA1,1066,4 (d) A court has notified the department under s. 345.47 (1) (d) that a judgment has been entered against the applicant and the judgment remains unpaid.

AB133-ASA1,1066,11 (4) Contents and issuance of certificate of registration; issuance of duplicate certificate. (a) Except as provided in par. (b) the department upon registering a mobile home shall issue and deliver to the owner a certificate of registration. The certificate shall contain the name, residence and address of the owner, a brief description of the mobile home, the registration number assigned and the date of expiration of registration. The certificate shall be in such form and may contain such additional information as the department considers advisable.

AB133-ASA1,1066,14 (b) The department shall issue a duplicate certificate of registration upon application therefor by any person in whose name the mobile home is registered and upon payment of a fee of $2.

AB133-ASA1,1066,18 (5) Design, procurement and issuance of registration plates. (a) The department upon registering a mobile home under this section shall issue and deliver prepaid to the applicant one registration plate, unless the department determines that 2 plates will better serve the interests of law enforcement.

AB133-ASA1,1066,25 (b) The department shall purchase plates from the Waupun correctional institution unless otherwise approved by the governor. Subject to any specific requirements which may be imposed by statute, the department shall determine the size, color and design of registration plates with a view toward making them visible evidence of the period for which the mobile home is registered and the fee class into which the mobile home falls as well as making them a ready means of identifying the specific mobile home or owner for which the plates were issued.

AB133-ASA1,1067,1 (c) All registration plates shall have displayed upon them the following:

AB133-ASA1,1067,3 1. The registration number assigned to the mobile home or owner. The registration number shall be composed of numbers or letters or both.

AB133-ASA1,1067,4 2. The name "Wisconsin" or abbreviation "Wis".

AB133-ASA1,1067,6 3. An indication of the period for which the specific plate is issued or the date of expiration of registration.

AB133-ASA1,1067,11 (6) Issuance of replacement plate. (a) Whenever a current registration plate is lost or destroyed, the owner of the mobile home to which the plate was attached shall immediately apply to the department for replacement. Upon satisfactory proof of the loss or destruction of the plate and upon payment of a fee of $2 for each plate, the department shall issue a replacement.

AB133-ASA1,1067,16 (b) Whenever a current registration plate becomes illegible, the owner of the mobile home to which the plate is attached shall apply to the department for a replacement. Upon receipt of satisfactory proof of illegibility, and upon payment of a fee of $2 for each plate, the department shall issue a replacement. Upon receipt of a replacement plate, the applicant shall destroy the illegible plate.

AB133-ASA1,1067,20 (c) When issuing a replacement plate, the department may assign a new number and issue a new plate rather than a duplicate of the original if in its judgment that is in the best interests of economy or prevention of fraud. Upon receipt of a replacement plate, the applicant shall destroy all plates replaced.

AB133-ASA1,1067,22 (d) Any person issued replacement plates who fails to destroy the original plates as required by par. (b) or (c) may be required to forfeit not more than $200.

AB133-ASA1,1067,25 (e) This subsection does not apply to plates issued pursuant to the law pertaining to the registration of mobile home dealers, distributors, as defined in s. 340.01 (14), mobile home manufacturers or transporters, as defined in s. 340.01 (72).

AB133-ASA1,1068,3 (7) Annual registration fees. An applicant for registration under this section shall pay a fee of $15 to the department for the annual registration of each mobile home.

AB133-ASA1,1068,9 (8) Fraudulent application for registration or license. Any person who gives a false or fictitious name, address or location where a mobile home is customarily situated in an application for license or registration or who makes application for license or registration in the name of a person other than the true owner, or true owner and lessee, may be fined not more than $200 or imprisoned for not more than 6 months or both.

AB133-ASA1,1068,12 (9) Unlawful transfer of evidence of registration. (a) Except as authorized by the department, no person may transfer to another person or offer for sale a registration plate, decal or other evidence of registration issued by the department.

AB133-ASA1,1068,14 (b) No person may transfer to another person or offer for sale a counterfeit, forged or fictitious registration plate, decal or other evidence of registration.

AB133-ASA1,1068,16 (c) Whoever violates par. (a) or (b) may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months, or both, for each violation.

AB133-ASA1,1068,18 (10) Improper use of evidence of registration. Any person who does any of the following may be required to forfeit not more than $500:

AB133-ASA1,1068,21 (a) Lends to another a registration plate, decal or other evidence of registration for display upon a mobile home for which the plate, tag, decal or other evidence of registration has not been issued.

AB133-ASA1,1068,24 (b) Displays upon a mobile home a registration plate, decal or other evidence of registration not issued for such mobile home or not otherwise authorized by law to be used thereon.