AB133-SSA1, s. 1998bg
14Section 1998bg. 101.651 (3m) of the statutes is renumbered 101.651 (3m) (a)
15and amended to read:
AB133-SSA1,1039,2216
101.651
(3m) (a)
The department may enforce s. 101.653 in a municipality that
17does not perform or contract for inspection services under s. 101.65 (1) (a) or (b) 18adopts a resolution under sub. (2m) (b). A county may enforce those provisions of an
19ordinance enacted under s. 101.65 (1) (a) related to construction site erosion in any
20city or village that
does not perform or contract for inspection services under s. 101.65
21(1) (a) or (b) adopts a resolution under sub. (2m) (b). The department or the county
22shall collect a fee for the inspection services under this subsection.
AB133-SSA1,1039,2525
101.651
(4) (title)
Data relating to housing starts in municipalities.
AB133-SSA1,1040,22
101.651
(5) (title)
Effect of section on certain laws.
AB133-SSA1,1040,44
101.651
(6) (title)
Energy conservation rules; continuing effect.
AB133-SSA1, s. 1998cg
6Section 1998cg. 101.91 (1g), (1m), (2g) and (2m) of the statutes are created
7to read:
AB133-SSA1,1040,98
101.91
(1g) "Delivery date" means the date on which a mobile home is
9physically delivered to the site chosen by the mobile home owner.
AB133-SSA1,1040,12
10(1m) "License period" means the period during which a license issued under
11s. 101.951 or 101.952 is effective, as established by the department under s. 101.951
12(2) (b) 1. or 101.952 (2) (b) 1.
AB133-SSA1,1040,17
13(2g) "Mobile home dealer" means a person who, for a commission or other thing
14of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or
15exchange of an interest in, mobile homes or who is engaged wholly or partially in the
16business of selling mobile homes, whether or not the mobile homes are owned by the
17person, but does not include:
AB133-SSA1,1040,1918
(a) A receiver, trustee, administrator, executor, guardian or other person
19appointed by or acting under the judgment or order of any court.
AB133-SSA1,1040,2020
(b) Any public officer while performing that officer's official duty.
AB133-SSA1,1040,2121
(c) Any employe of a person enumerated in par. (a) or (b).
AB133-SSA1,1040,2222
(d) Any lender, as defined in s. 421.301 (22).
AB133-SSA1,1040,2523
(e) A person transferring a mobile home registered in that person's name and
24used for that person's personal, family or household purposes, if the transfer is an
25occasional sale and is not part of the business of the transferor.
AB133-SSA1,1041,2
1(2m) "Mobile home owner" means any person who purchases, or leases from
2another, a mobile home primarily for use for personal, family or household purposes.
AB133-SSA1,1041,104
101.91
(3) "Mobile home park"
has the meaning given in s. 66.058 (1) (e) means
5any plot or plots of ground upon which 3 or more mobile homes or manufactured
6homes that are occupied for dwelling or sleeping purposes are located. "Mobile home
7park" does not include a farm where the occupants of the mobile homes or
8manufactured homes are the father, mother, son, daughter, brother or sister of the
9farm owner or operator or where the occupants of the mobile homes or manufactured
10homes work on the farm.
AB133-SSA1,1041,1312
101.91
(4) "Mobile home salesperson" means any person who is employed by
13a mobile home manufacturer or mobile home dealer to sell or lease mobile homes.
AB133-SSA1,1041,15
14(5) "New mobile home" means a mobile home that has never been occupied,
15used or sold for personal or business use.
AB133-SSA1,1041,17
16(6) "Used mobile home" means a mobile home that has previously been
17occupied, used or sold for personal or business use.
AB133-SSA1,1041,2019
101.92
(9) Shall promulgate rules and establish standards necessary to carry
20out the purposes of ss. 101.953 and 101.954.
AB133-SSA1,1041,23
22101.9202 Excepted liens and security interests. Sections 101.9203 to
23101.9218 do not apply to or affect:
AB133-SSA1,1041,25
24(1) A lien given by statute or rule of law to a supplier of services or materials
25for the mobile home.
AB133-SSA1,1042,2
1(2) A lien given by statute to the United States, this state or any political
2subdivision of this state.
AB133-SSA1,1042,5
3(3) A security interest in a mobile home created by a mobile home dealer or
4manufacturer who holds the mobile home for sale, which shall be governed by the
5applicable provisions of ch. 409.
AB133-SSA1,1042,10
7101.9203 When certificate of title required. (1) The owner of a mobile
8home situated in this state or intended to be situated in this state shall make
9application for certificate of title under s. 101.9209 for the mobile home if the owner
10has newly acquired the mobile home.
AB133-SSA1,1042,16
11(2) Any owner who situates in this state a mobile home for which a certificate
12of title is required without such certificate having been issued or applied for, knowing
13that the certificate of title has not been issued or applied for, may be required to
14forfeit not more than $200. A certificate is considered to have been applied for when
15the application accompanied by the required fee has been delivered to the
16department or deposited in the mail properly addressed and with postage prepaid.
AB133-SSA1,1042,20
17(3) Unless otherwise authorized by rule of the department, a nonresident
18owner of a mobile home situated in this state may not apply for a certificate of title
19under this subchapter unless the mobile home is subject to a security interest or
20except as provided in s. 101.9209 (1) (a).
AB133-SSA1,1042,25
22101.9204 Application for certificate of title. (1) An application for a
23certificate of title shall be made to the department upon a form or in an automated
24format prescribed by it and shall be accompanied by the required fee. Each
25application for certificate of title shall include the following information:
AB133-SSA1,1043,1
1(a) The name and address of the owner.
AB133-SSA1,1043,42
(b) A description of the mobile home, including make, model, identification
3number and any other information or documentation that the department may
4reasonably require for proper identification of the mobile home.
AB133-SSA1,1043,75
(c) The date of purchase by the applicant, the name and address of the person
6from whom the mobile home was acquired and the names and addresses of any
7secured parties in the order of their priority.
AB133-SSA1,1043,108
(d) If the mobile home is a new mobile home being titled for the first time, the
9signature of the mobile home dealer. The document of origin shall contain the
10information specified by the department.
AB133-SSA1,1043,1311
(e) Any further evidence of ownership which the department may reasonably
12require to enable it to determine whether the owner is entitled to a certificate of title
13and the existence or nonexistence of security interests in the mobile home.
AB133-SSA1,1043,1714
(f) If the identification number of the mobile home has been removed,
15obliterated or altered, or if the original casting has been replaced, or if the mobile
16home has not been numbered by the manufacturer, the application for certificate of
17title shall so state.
AB133-SSA1,1043,2218
(g) If the mobile home is a used mobile home which was last previously titled
19in another jurisdiction, the applicant shall furnish any certificate of ownership
20issued by the other jurisdiction and a statement pertaining to the title history and
21ownership of the mobile home, such statement to be in the form that the department
22prescribes.
AB133-SSA1,1043,25
23(2) Any person who knowingly makes a false statement in an application for
24a certificate of title may be fined not more than $5,000 or imprisoned for not more
25than 5 years or both.
AB133-SSA1,1044,7
2101.9205 When department to issue certificate and to whom;
3maintenance of records. (1) The department shall maintain a record of each
4application for certificate of title received by it and, when satisfied as to its
5genuineness and regularity and that the applicant is entitled to the issuance of a
6certificate of title, shall issue and deliver a certificate to the owner of the mobile
7home.
AB133-SSA1,1044,9
8(2) The department shall maintain a record of all applications, and all
9certificates of title issued by the department, indexed in the following manners:
AB133-SSA1,1044,1010
(a) According to title number.
AB133-SSA1,1044,1111
(b) Alphabetically, according to the name of the owner.
AB133-SSA1,1044,1212
(c) In any other manner which the department determines to be desirable.
AB133-SSA1,1044,14
13(3) The department shall charge a fee of not less than $2 for conducting a file
14search of mobile home title records.
AB133-SSA1,1044,17
16101.9206 Contents of certificate of title. (1) Each certificate of title issued
17by the department shall contain all of the following:
AB133-SSA1,1044,1818
(a) The name and address of the owner.
AB133-SSA1,1044,2119
(b) The names of any secured parties in the order of priority as shown on the
20application or, if the application is based on another certificate of title, as shown on
21that certificate.
AB133-SSA1,1044,2222
(c) The title number assigned to the mobile home.
AB133-SSA1,1044,2423
(d) A description of the mobile home, including make, model and identification
24number.
AB133-SSA1,1044,2525
(e) Any other data which the department considers pertinent and desirable.
AB133-SSA1,1045,1
1(2) (a) The certificate of title shall contain spaces for all of the following:
AB133-SSA1,1045,22
1. Assignment and warranty of title by the owner.
AB133-SSA1,1045,33
2. Reassignment and warranty of title by a mobile home dealer.
AB133-SSA1,1045,64
(b) The certificate of title may contain spaces for application for a certificate of
5title by a transferee and for the naming of a secured party and the assignment or
6release of a security interest.
AB133-SSA1,1045,16
7(3) (a) Unless the applicant fulfills the requirements of par. (b), the department
8shall issue a distinctive certificate of title for a mobile home last previously registered
9in another jurisdiction if the laws of the other jurisdiction do not require that secured
10parties be named on a certificate of title to perfect their security interests. The
11certificate shall contain the legend "This mobile home may be subject to an
12undisclosed security interest" and may contain any other information that the
13department prescribes. If the department receives no notice of a security interest in
14the mobile home within 4 months from the issuance of the distinctive certificate of
15title, the department shall, upon application and surrender of the distinctive
16certificate, issue a certificate of title in ordinary form.
AB133-SSA1,1045,1817
(b) The department may issue a nondistinctive certificate of title if the
18applicant fulfills either of the following requirements:
AB133-SSA1,1045,2219
1. The applicant is a mobile home dealer and is financially responsible as
20substantiated by the last financial statement on file with the department, a finance
21company licensed under s. 138.09, a bank organized under the laws of this state, or
22a national bank located in this state.
AB133-SSA1,1046,1323
2. The applicant has filed with the department a bond in the form prescribed
24by the department and executed by the applicant, and either accompanied by the
25deposit of cash with the department or also executed by a person authorized to
1conduct a surety business in this state. The bond shall be in an amount equal to 1.5
2times the value of the mobile home as determined by the department and conditioned
3to indemnify any prior owner and secured party and any subsequent purchaser of the
4mobile home or person acquiring any security interest in it, and their respective
5successors in interest, against any expense, loss or damage, including reasonable
6attorney fees, by reason of the issuance of the certificate of title of the mobile home
7or on account of any defect in or undisclosed security interest upon the right, title and
8interest of the applicant in and to the mobile home. Any such interested person has
9a right of action to recover on the bond for any breach of its conditions, but the
10aggregate liability of the surety to all persons shall not exceed the amount of the
11bond. The bond, and any deposit accompanying it, shall be returned at the end of 5
12years or prior thereto if, apart from this section, a nondistinctive certificate of title
13could then be issued for the mobile home.
AB133-SSA1,1046,15
14(4) A certificate of title issued by the department is prima facie evidence of the
15facts appearing on it.
AB133-SSA1,1046,16
16(5) The department may issue a certificate of title in an automated format.
AB133-SSA1,1046,24
18101.9207 Lost, stolen or mutilated certificates. (1) If a certificate of title
19is lost, stolen, mutilated or destroyed or becomes illegible, the owner or legal
20representative of the owner named in the certificate, as shown by the records of the
21department, shall promptly make application for and may obtain a replacement
22upon furnishing information satisfactory to the department. The replacement
23certificate of title shall contain the legend "This is a replacement certificate and may
24be subject to the rights of a person under the original certificate".
AB133-SSA1,1047,2
1(2) A person recovering an original certificate of title for which a replacement
2has been issued shall promptly surrender the original certificate to the department.
AB133-SSA1,1047,4
4101.9208 Fees. The department shall be paid the following fees:
AB133-SSA1,1047,6
5(1) For filing an application for the first certificate of title, $8.50, by the owner
6of the mobile home.
AB133-SSA1,1047,14
7(2) Upon filing an application under sub. (1) or (4) before the first day of the
82nd month beginning after the effective date of this subsection .... [revisor inserts
9date], an environmental impact fee of $5, by the person filing the application. Upon
10filing an application under sub. (1) or (4) on or after the first day of the 2nd month
11beginning after the effective date of this subsection .... [revisor inserts date], an
12environmental impact fee of $6, by the person filing the application. All moneys
13collected under this subsection shall be credited to the environmental fund for
14environmental management.
AB133-SSA1,1047,16
15(3) For the original notation and subsequent release of each security interest
16noted upon a certificate of title, a single fee of $4 by the owner of the mobile home.
AB133-SSA1,1047,18
17(4) For a certificate of title after a transfer, $8.50, by the owner of the mobile
18home.
AB133-SSA1,1047,20
19(6) For each assignment of a security interest noted upon a certificate of title,
20$1 by the assignee.
AB133-SSA1,1047,21
21(7) For a replacement certificate of title, $8, by the owner of the mobile home.
AB133-SSA1,1047,25
22(8) For processing applications for certificates of title which have a special
23handling request for fast service, a fee established by the department by rule, which
24fee shall approximate the cost to the department for providing this special handling
25service to persons so requesting.
AB133-SSA1,1048,2
1(9) For the reinstatement of a certificate of title previously suspended or
2revoked, $25.
AB133-SSA1,1048,4
3(10) For transfer of registration or credits for registration to a mobile home
4currently titled in the name of the applicant, $4, by the owner of the mobile home.
AB133-SSA1,1048,10
6101.9209 Transfer of interest in a mobile home. (1) (a) If an owner
7transfers an interest in a mobile home, other than by the creation of a security
8interest, the owner shall, at the time of the delivery of the mobile home, execute an
9assignment and warranty of title to the transferee in the space provided therefor on
10the certificate, and cause the certificate to be mailed or delivered to the transferee.
AB133-SSA1,1048,1511
(b) Any person who holds legal title of a mobile home with one or more other
12persons may transfer ownership of the mobile home under this subsection if legal
13title to the mobile home is held in the names of such persons in the alternative,
14including a mobile home held in a form designating the holder by the words "(name
15of one person) or (name of other person)".
AB133-SSA1,1048,19
16(2) Promptly after delivery to him or her of the mobile home, the transferee
17shall execute the application for a new certificate of title in the space provided
18therefor on the certificate or as the department prescribes, and cause the certificate
19and application to be mailed or delivered to the department.