Amendment SSA1-AB133

AB133-SSA1,1037,8 101.144 (3g) (a) If, on December 1, 1999, more than 35% of sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce and the department of natural resources shall attempt to reach an agreement that specifies standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high risk. The standards shall be designed to classify no more than 35% of those sites as high-risk sites and may not classify all sites at which an enforcement standard is exceeded as high-risk sites. If the department of commerce and the department of natural resources are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with this paragraph. The department of commerce shall promulgate rules incorporating any agreement between the department of commerce and the department of natural resources under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

AB133-SSA1,1037,13 (b) If, 6 months after rules under par. (a) are in effect, more than 35% of the sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce shall revise the rules using the procedure for promulgating the rules in par. (a).

AB133-SSA1, s. 1998ac Section 1998ac. 101.144 (3m) (a) 3. of the statutes is amended to read:

AB133-SSA1,1037,19 101.144 (3m) (a) 3. Establishes procedures, standards and schedules for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high priority, medium priority risk or low priority risk and establishes procedures and schedules for classifying sites of discharges of petroleum products from petroleum storage tanks.

AB133-SSA1, s. 1998af Section 1998af. 101.63 (3m) of the statutes is created to read:

AB133-SSA1,1038,2 101.63 (3m) Contract with a private organization to provide education regarding construction standards and inspection requirements under this subchapter and under rules promulgated under this subchapter to builders of dwellings in this state. The department may only contract with an organization under this subsection if the organization is described in section 501 (c) (3) of the Internal Revenue Code and is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

AB133-SSA1, s. 1998ak Section 1998ak. 101.651 (title) of the statutes is amended to read:

AB133-SSA1,1038,4 101.651 (title) Certain municipalities excepted exempted.

AB133-SSA1, s. 1998ap Section 1998ap. 101.651 (1) (title) of the statutes is created to read:

AB133-SSA1,1038,6 101.651 (1) (title) Definition.

AB133-SSA1, s. 1998as Section 1998as. 101.651 (2) of the statutes is repealed.

AB133-SSA1, s. 1998av Section 1998av. 101.651 (2m) of the statutes is created to read:

AB133-SSA1,1038,13 101.651 (2m) Exemption by resolution. A municipality shall exercise jurisdiction over the construction and inspection of new one- and 2-family dwellings by enacting ordinances under s. 101.65 (1) (a) or shall exercise the jurisdiction granted under s. 101.65 (1) (a) jointly under s. 101.65 (1) (b), unless the municipality does any of the following by resolution:

AB133-SSA1,1038,18 (a) Requests under sub. (3) that the department or a county enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout the municipality and that the department or a county provide inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a).

AB133-SSA1,1038,25 (b) Determines not to exercise jurisdiction over the construction and inspection of new one- and 2-family dwellings under s. 101.65 (1) (a), not to exercise jurisdiction jointly under s. 101.65 (1) (b), not to request under sub. (3) that the department or a county enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout the municipality and not to request under sub. (3) that the department or a county provide inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a).

AB133-SSA1, s. 1998ay Section 1998ay. 101.651 (3) of the statutes is amended to read:

AB133-SSA1,1039,10 101.651 (3) Departmental and county authority in municipalities; generally. Except as provided in sub. (3m) or (3s), the department or a county may not enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) or provide inspection services in a municipality unless requested to do so by a person with respect to a particular dwelling or by the municipality. A request by a person or a municipality with respect to a particular dwelling does not give the department or a county authority with respect to any other dwelling. Costs shall be collected under s. 101.65 (1) (c) or ss. 101.63 (9) and 101.65 (2) from the a person or municipality making the a request under this subsection.

AB133-SSA1, s. 1998bc Section 1998bc. 101.651 (3m) (title) of the statutes is created to read:

AB133-SSA1,1039,13 101.651 (3m) (title) Authority over erosion control in towns, unincorporated areas and certain exempted municipalities.

AB133-SSA1, s. 1998bg Section 1998bg. 101.651 (3m) of the statutes is renumbered 101.651 (3m) (a) and amended to read:

AB133-SSA1,1039,22 101.651 (3m) (a) The department may enforce s. 101.653 in a municipality that does not perform or contract for inspection services under s. 101.65 (1) (a) or (b) adopts a resolution under sub. (2m) (b). A county may enforce those provisions of an ordinance enacted under s. 101.65 (1) (a) related to construction site erosion in any city or village that does not perform or contract for inspection services under s. 101.65 (1) (a) or (b) adopts a resolution under sub. (2m) (b). The department or the county shall collect a fee for the inspection services under this subsection.

AB133-SSA1, s. 1998bL Section 1998bL. 101.651 (3s) of the statutes is renumbered 101.651 (3m) (b).

AB133-SSA1, s. 1998bp Section 1998bp. 101.651 (4) (title) of the statutes is created to read:

AB133-SSA1,1039,25 101.651 (4) (title) Data relating to housing starts in municipalities.

AB133-SSA1, s. 1998bt Section 1998bt. 101.651 (5) (title) of the statutes is created to read:

AB133-SSA1,1040,2 101.651 (5) (title) Effect of section on certain laws.

AB133-SSA1, s. 1998bx Section 1998bx. 101.651 (6) (title) of the statutes is created to read:

AB133-SSA1,1040,4 101.651 (6) (title) Energy conservation rules; continuing effect.

AB133-SSA1, s. 1998cc Section 1998cc. 101.91 (1) of the statutes is renumbered 101.91 (2e).

AB133-SSA1, s. 1998cg Section 1998cg. 101.91 (1g), (1m), (2g) and (2m) of the statutes are created to read:

AB133-SSA1,1040,9 101.91 (1g) "Delivery date" means the date on which a mobile home is physically delivered to the site chosen by the mobile home owner.

AB133-SSA1,1040,12 (1m) "License period" means the period during which a license issued under s. 101.951 or 101.952 is effective, as established by the department under s. 101.951 (2) (b) 1. or 101.952 (2) (b) 1.

AB133-SSA1,1040,17 (2g) "Mobile home dealer" means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in, mobile homes or who is engaged wholly or partially in the business of selling mobile homes, whether or not the mobile homes are owned by the person, but does not include:

AB133-SSA1,1040,19 (a) A receiver, trustee, administrator, executor, guardian or other person appointed by or acting under the judgment or order of any court.

AB133-SSA1,1040,20 (b) Any public officer while performing that officer's official duty.

AB133-SSA1,1040,21 (c) Any employe of a person enumerated in par. (a) or (b).

AB133-SSA1,1040,22 (d) Any lender, as defined in s. 421.301 (22).

AB133-SSA1,1040,25 (e) A person transferring a mobile home registered in that person's name and used for that person's personal, family or household purposes, if the transfer is an occasional sale and is not part of the business of the transferor.

AB133-SSA1,1041,2 (2m) "Mobile home owner" means any person who purchases, or leases from another, a mobile home primarily for use for personal, family or household purposes.

AB133-SSA1, s. 1998cL Section 1998cL. 101.91 (3) of the statutes is amended to read:

AB133-SSA1,1041,10 101.91 (3) "Mobile home park" has the meaning given in s. 66.058 (1) (e) means any plot or plots of ground upon which 3 or more mobile homes or manufactured homes that are occupied for dwelling or sleeping purposes are located. "Mobile home park" does not include a farm where the occupants of the mobile homes or manufactured homes are the father, mother, son, daughter, brother or sister of the farm owner or operator or where the occupants of the mobile homes or manufactured homes work on the farm.

AB133-SSA1, s. 1998cp Section 1998cp. 101.91 (4), (5) and (6) of the statutes are created to read:

AB133-SSA1,1041,13 101.91 (4) "Mobile home salesperson" means any person who is employed by a mobile home manufacturer or mobile home dealer to sell or lease mobile homes.

AB133-SSA1,1041,15 (5) "New mobile home" means a mobile home that has never been occupied, used or sold for personal or business use.

AB133-SSA1,1041,17 (6) "Used mobile home" means a mobile home that has previously been occupied, used or sold for personal or business use.

AB133-SSA1, s. 1998ct Section 1998ct. 101.92 (9) of the statutes is created to read:

AB133-SSA1,1041,20 101.92 (9) Shall promulgate rules and establish standards necessary to carry out the purposes of ss. 101.953 and 101.954.

AB133-SSA1, s. 1998cx Section 1998cx. 101.9202 of the statutes is created to read:

AB133-SSA1,1041,23 101.9202 Excepted liens and security interests. Sections 101.9203 to 101.9218 do not apply to or affect:

AB133-SSA1,1041,25 (1) A lien given by statute or rule of law to a supplier of services or materials for the mobile home.

AB133-SSA1,1042,2 (2) A lien given by statute to the United States, this state or any political subdivision of this state.

AB133-SSA1,1042,5 (3) A security interest in a mobile home created by a mobile home dealer or manufacturer who holds the mobile home for sale, which shall be governed by the applicable provisions of ch. 409.

AB133-SSA1, s. 1998gc Section 1998gc. 101.9203 of the statutes is created to read:

AB133-SSA1,1042,10 101.9203 When certificate of title required. (1) The owner of a mobile home situated in this state or intended to be situated in this state shall make application for certificate of title under s. 101.9209 for the mobile home if the owner has newly acquired the mobile home.

AB133-SSA1,1042,16 (2) Any owner who situates in this state a mobile home for which a certificate of title is required without such certificate having been issued or applied for, knowing that the certificate of title has not been issued or applied for, may be required to forfeit not more than $200. A certificate is considered to have been applied for when the application accompanied by the required fee has been delivered to the department or deposited in the mail properly addressed and with postage prepaid.

AB133-SSA1,1042,20 (3) Unless otherwise authorized by rule of the department, a nonresident owner of a mobile home situated in this state may not apply for a certificate of title under this subchapter unless the mobile home is subject to a security interest or except as provided in s. 101.9209 (1) (a).

AB133-SSA1, s. 1998gg Section 1998gg. 101.9204 of the statutes is created to read:

AB133-SSA1,1042,25 101.9204 Application for certificate of title. (1) An application for a certificate of title shall be made to the department upon a form or in an automated format prescribed by it and shall be accompanied by the required fee. Each application for certificate of title shall include the following information:

AB133-SSA1,1043,1 (a) The name and address of the owner.

AB133-SSA1,1043,4 (b) A description of the mobile home, including make, model, identification number and any other information or documentation that the department may reasonably require for proper identification of the mobile home.

AB133-SSA1,1043,7 (c) The date of purchase by the applicant, the name and address of the person from whom the mobile home was acquired and the names and addresses of any secured parties in the order of their priority.

AB133-SSA1,1043,10 (d) If the mobile home is a new mobile home being titled for the first time, the signature of the mobile home dealer. The document of origin shall contain the information specified by the department.

AB133-SSA1,1043,13 (e) Any further evidence of ownership which the department may reasonably require to enable it to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the mobile home.

AB133-SSA1,1043,17 (f) If the identification number of the mobile home has been removed, obliterated or altered, or if the original casting has been replaced, or if the mobile home has not been numbered by the manufacturer, the application for certificate of title shall so state.

AB133-SSA1,1043,22 (g) If the mobile home is a used mobile home which was last previously titled in another jurisdiction, the applicant shall furnish any certificate of ownership issued by the other jurisdiction and a statement pertaining to the title history and ownership of the mobile home, such statement to be in the form that the department prescribes.

AB133-SSA1,1043,25 (2) Any person who knowingly makes a false statement in an application for a certificate of title may be fined not more than $5,000 or imprisoned for not more than 5 years or both.

AB133-SSA1, s. 1998gL Section 1998gL. 101.9205 of the statutes is created to read:

AB133-SSA1,1044,7 101.9205 When department to issue certificate and to whom; maintenance of records. (1) The department shall maintain a record of each application for certificate of title received by it and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue and deliver a certificate to the owner of the mobile home.

AB133-SSA1,1044,9 (2) The department shall maintain a record of all applications, and all certificates of title issued by the department, indexed in the following manners:

AB133-SSA1,1044,10 (a) According to title number.

AB133-SSA1,1044,11 (b) Alphabetically, according to the name of the owner.

AB133-SSA1,1044,12 (c) In any other manner which the department determines to be desirable.

AB133-SSA1,1044,14 (3) The department shall charge a fee of not less than $2 for conducting a file search of mobile home title records.

AB133-SSA1, s. 1998gp Section 1998gp. 101.9206 of the statutes is created to read:

AB133-SSA1,1044,17 101.9206 Contents of certificate of title. (1) Each certificate of title issued by the department shall contain all of the following:

AB133-SSA1,1044,18 (a) The name and address of the owner.

AB133-SSA1,1044,21 (b) The names of any secured parties in the order of priority as shown on the application or, if the application is based on another certificate of title, as shown on that certificate.

AB133-SSA1,1044,22 (c) The title number assigned to the mobile home.

AB133-SSA1,1044,24 (d) A description of the mobile home, including make, model and identification number.

AB133-SSA1,1044,25 (e) Any other data which the department considers pertinent and desirable.

AB133-SSA1,1045,1 (2) (a) The certificate of title shall contain spaces for all of the following:

AB133-SSA1,1045,2 1. Assignment and warranty of title by the owner.

AB133-SSA1,1045,3 2. Reassignment and warranty of title by a mobile home dealer.

AB133-SSA1,1045,6 (b) The certificate of title may contain spaces for application for a certificate of title by a transferee and for the naming of a secured party and the assignment or release of a security interest.

AB133-SSA1,1045,16 (3) (a) Unless the applicant fulfills the requirements of par. (b), the department shall issue a distinctive certificate of title for a mobile home last previously registered in another jurisdiction if the laws of the other jurisdiction do not require that secured parties be named on a certificate of title to perfect their security interests. The certificate shall contain the legend "This mobile home may be subject to an undisclosed security interest" and may contain any other information that the department prescribes. If the department receives no notice of a security interest in the mobile home within 4 months from the issuance of the distinctive certificate of title, the department shall, upon application and surrender of the distinctive certificate, issue a certificate of title in ordinary form.

AB133-SSA1,1045,18 (b) The department may issue a nondistinctive certificate of title if the applicant fulfills either of the following requirements:

AB133-SSA1,1045,22 1. The applicant is a mobile home dealer and is financially responsible as substantiated by the last financial statement on file with the department, a finance company licensed under s. 138.09, a bank organized under the laws of this state, or a national bank located in this state.

AB133-SSA1,1046,13 2. 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.

AB133-SSA1,1046,15 (4) A certificate of title issued by the department is prima facie evidence of the facts appearing on it.