Amendment ASA1-AB1085

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2005 - 2006 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2005 ASSEMBLY BILL 1085

April 11, 2006 - Offered by Representative Townsend.

AB1085-ASA1,3,2 An Act to repeal 66.0435 (1) (a), 66.0435 (1) (f), 66.0435 (3) (c) 7., 66.0435 (5) and 341.05 (26) (b); to renumber 341.05 (26) (a); to renumber and amend 66.0435 (1) (g), 710.15 (1) (a) and 710.15 (1) (e); to amend 30.40 (6), 45.71 (12) (intro.), 49.47 (4) (b) 1., 59.69 (4) (d), 66.0435 (title), 66.0435 (1) (b) and (c), 66.0435 (1) (d) and (e), 66.0435 (1) (i) and (j), 66.0435 (2) (a), 66.0435 (2) (b), 66.0435 (2) (c), 66.0435 (2) (d), 66.0435 (3) (title), 66.0435 (3) (a), 66.0435 (3) (c) 1. (intro.), 66.0435 (3) (c) 1. a., 66.0435 (3) (c) 1. c., 66.0435 (3) (c) 1. d., 66.0435 (3) (c) 2., 66.0435 (3) (c) 3., 66.0435 (3) (c) 5. and 6., 66.0435 (3) (c) 8., 66.0435 (3) (d) to (f), 66.0435 (3m), 66.0435 (4) (intro.), 66.0435 (4) (b), 66.0435 (4) (c), 66.0435 (8), 66.0435 (9), 66.0809 (3), 66.1019 (2), 70.043, 70.111 (19) (title), 70.112 (7), 71.07 (6e) (a) 5., 71.07 (9) (a) 3., 71.07 (9) (a) 4., 71.52 (2), 71.52 (7), 77.51 (4) (b) 7., 77.51 (13) (am), 77.51 (15) (b) 6., 77.52 (2) (a) 1., 77.53 (17), 77.53 (18), 77.54 (7) (b) (intro.), 77.54 (36), 77.61 (1) (a), 77.61 (1) (c), 77.71 (4), 77.78, 77.785 (2), 77.995 (2), 79.03 (3) (b) 4. a., 100.21 (1) (a), subchapter III (title) of chapter 101 [precedes 101.70], 101.70, 101.71 (4), 101.71 (6) (a) (intro.), 101.71 (6) (b), 101.715, 101.72, 101.73 (1), 101.73 (1m), 101.73 (2), 101.73 (3), 101.73 (5), 101.73 (6), 101.73 (7), 101.73 (11), 101.74 (4), 101.74 (6), 101.74 (7), 101.745 (4), 101.75 (1), 101.75 (2), 101.75 (3), 101.76 (1) (a), 101.761 (3), 101.761 (5), 101.935 (1), 101.971 (2), 106.50 (1m) (L), 138.052 (1) (b), 138.056 (1) (b), 138.056 (1) (bm), 138.056 (1) (c), 138.056 (1) (d), 138.056 (3m) 4., 138.09 (7) (jm) 1. b., 214.485 (10), 215.205 (1), 218.10 (8m), 234.622 (7), 340.01 (18m), 340.01 (29), 340.01 (48r), 341.12 (1), 343.055 (1) (d), 346.94 (8), 346.94 (8m), 347.15 (2), 347.35 (4), 347.45 (1), 347.47 (2), 347.47 (4), 348.06 (1), 348.07 (2) (c), 348.07 (3) (a), 348.10 (5) (intro.), 348.10 (5) (a), 348.10 (5) (c), 348.26 (4), 348.27 (7), 348.27 (7m), 349.03 (2), 422.201 (12m), 422.202 (2) (intro.), 422.209 (1m) (a) 2., 422.209 (6m), 422.402 (5) (intro.), 422.402 (5) (b), 422.413 (2g) (intro.), 424.301 (1) (b) 1., 707.02 (4), 710.15 (title), 710.15 (1) (b), 710.15 (1) (c), 710.15 (1) (d), 710.15 (1) (f), 710.15 (1m), 710.15 (2), 710.15 (2m) (a), 710.15 (2m) (b), 710.15 (3), 710.15 (4), 710.15 (4m), 710.15 (5m) (intro.), 710.15 (5m) (a), 710.15 (5m) (e), 710.15 (5m) (em), 710.15 (5m) (f), 710.15 (5m) (g), 710.15 (5m) (h), 861.21 (1) (b), 941.20 (1) (d) and 990.01 (14); and to create 66.0435 (1) (cm), 66.0435 (3) (c) 9., 70.111 (19) (c), 101.937 (2m), 138.056 (1) (bd), 340.01 (27k), 340.01 (27m) and 710.15 (1) (am) of the statutes; relating to: revisions in terminology that affect mobile homes, manufactured homes, modular homes, manufactured buildings, recreational vehicles, and mobile and manufactured home communities, and changes that apply to monthly fees collected by certain local governmental units.

Analysis by the Legislative Reference Bureau

This bill makes numerous changes to laws governing mobile homes, manufactured homes, and the mobile and manufactured housing industry. The changes primarily include the following:

Definitions of "mobile home" and "manufactured home"

Under current law, there are several different definitions of the term "mobile home" and of the term "manufactured home." Also, under current law, "mobile home" is often used as a general term that includes "manufactured home." Because of changes in the mid-1970s in federal laws that define and regulate mobile and manufactured homes, only manufactured homes as defined under current federal law are being constructed today. This bill creates a single definition for "mobile home" and a single definition for "manufactured home" that apply more generally throughout the statutes by doing the following:

1. The bill establishes the definition of "mobile home" that is used in the subchapter of the statutes regulating the mobile and manufactured housing industry as the general definition of "mobile home" in the statutes. Thus, under the bill, a mobile home generally means a vehicle manufactured or assembled before June 15, 1976, that has an overall length of more than 45 feet, that is designed to be towed as a single unit or in sections on a highway by a motor vehicle, that has walls of rigid noncollapsible construction, and that is equipped and used, or intended to be used, primarily for human habitation. Under the bill, "mobile home" includes the mobile home structure, its plumbing, heating, air conditioning, and electrical systems, and all appliances and all other equipment carrying a manufacturer's warranty.

2. The bill establishes the definition of "manufactured home" that is used in the subchapter of the statutes regulating the mobile and manufactured housing industry as the general definition of "manufactured home" in the statutes. Thus, under the bill, a manufactured home generally means either a mobile home or a structure designed to be used as a dwelling, either with or without a permanent foundation, that complies with the federal standards established for manufactured homes.

In addition, the bill makes the use of these terms more consistent with their definitions by doing the following:

1. The bill inserts references to "manufactured home" in certain places in current law that refer only to "mobile home" if the use of mobile home under current law is general and meant to include manufactured homes. The bill also inserts references to "manufactured home" in the statutes governing the treatment, for property and other tax purposes, of mobile and manufactured homes as either improvements to real property or as personal property.

2. The bill changes references to "mobile home" to be references to "manufactured home" in certain statutes that pertain only to structures that are newly constructed, since under federal law only manufactured homes are now being constructed.

3. The bill changes references to "manufactured buildings" to be references to "modular homes." Under current law, such buildings are those that are intended for use as a dwelling, are of closed construction, and are fabricated or assembled in manufacturing facilities for installation at the building site or they are of open construction and are made or assembled in manufacturing facilities away from the building site for installation on the building site for which certification is sought by the manufacturer.

Monthly fees

Current law requires each city, town, or village (municipality) in which a mobile home park is located to collect from each mobile home occupying space in the park a monthly parking permit fee. The fee is calculated based on the value of the home multiplied by the general property gross tax rate, less certain credits. The total is divided by 12 to represent the monthly mobile home parking permit fee. Current law provides that the municipality may require the mobile home park operator to collect the fee from the mobile home owner.

The bill also replaces the term "parking" wherever it appears in the phrase "monthly parking permit fee" in the statutes with the term "municipal," so that the fee is called a "monthly municipal permit fee."

Regulation of recreational vehicles

The bill makes minor modifications to the definition of "recreational vehicle," and generally clarifies the applicability of certain vehicle regulations to recreational vehicles. The bill also uses the term "recreational vehicle" in place of "mobile home" where "mobile home" is used to refer to temporary living quarters.

Regulation of manufactured home communities

Under current law manufactured home communities and mobile home parks are regulated by the Department of Commerce (commerce) and by the municipality in which the community or park is located. Generally, under current law, the terms "manufactured home community" and "mobile home park" are used in the statutes to describe similar places.

For purposes of regulation by Commerce, current law provides that a manufactured home community is any plot of ground upon which three or more manufactured homes that are occupied for dwelling or sleeping purposes are located. For purposes of regulation by the local municipality, current law provides that a mobile home park means any plot of ground upon which two or more units, occupied for dwelling or sleeping purposes are located. Consistent with regulation by Commerce, this bill increases from two to three the number of mobile or manufactured homes that must be located on a plot of ground before the ground is subject to regulation by the municipality in which the ground is located.

This bill also replaces the term "park" with "community" throughout the statutes where the term is used in reference to mobile home or manufactured home parks.

Sewer and water service to manufactured housing communities

This bill prohibits any public utility that provides metered water service to a manufactured home community as a whole via a single master meter from charging a fee for water lost in distribution between the master meter and the unit meters, except to the extent that the loss exceeds the public utility's system-wide rate of loss.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1085-ASA1, s. 1 Section 1. 30.40 (6) of the statutes is amended to read:

AB1085-ASA1,5,5 30.40 (6) "Mobile home" means a prefabricated unit with walls of rigid construction that is designed to be towed as a single unit or in sections upon a highway by a motor vehicle and that is used or is intended to be used for human habitation has the meaning given in s. 101.91 (10).

AB1085-ASA1, s. 2 Section 2. 45.71 (12) (intro.) of the statutes is amended to read:

AB1085-ASA1,5,9 45.71 (12) (intro.) "Manufactured home" means a structure, as defined by the Federal Home Loan Mortgage Corporation manufactured home, as defined in s. 101.91 (2), which:

AB1085-ASA1, s. 3 Section 3. 49.47 (4) (b) 1. of the statutes is amended to read:

AB1085-ASA1,5,13 49.47 (4) (b) 1. A home and the land used and operated in connection therewith or in lieu thereof a manufactured home or mobile home, if the home or, manufactured home, or mobile home is used as the person's or his or her family's place of abode.

AB1085-ASA1, s. 4 Section 4. 59.69 (4) (d) of the statutes is amended to read:

AB1085-ASA1,5,16 59.69 (4) (d) Trailer camps, or tourist camps and, motels or both , and manufactured and mobile home parks communities.

AB1085-ASA1, s. 5 Section 5. 66.0435 (title) of the statutes is amended to read:

AB1085-ASA1,5,19 66.0435 (title) Mobile Manufactured and mobile home parks communities.

AB1085-ASA1, s. 6 Section 6. 66.0435 (1) (a) of the statutes is repealed.

AB1085-ASA1, s. 7 Section 7. 66.0435 (1) (b) and (c) of the statutes are amended to read:

AB1085-ASA1,6,4 66.0435 (1) (b) "Licensee" means any person licensed to operate and maintain a manufactured and mobile home park community under this section.

AB1085-ASA1,6,6 (c) "Licensing authority" means the city, town or village wherein a manufactured and mobile home park community is located.

AB1085-ASA1, s. 8 Section 8. 66.0435 (1) (cm) of the statutes is created to read:

AB1085-ASA1,6,8 66.0435 (1) (cm) "Manufactured home" has the meaning given in s. 101.91 (2).

AB1085-ASA1, s. 9 Section 9. 66.0435 (1) (d) and (e) of the statutes are amended to read:

AB1085-ASA1,6,14 66.0435 (1) (d) "Mobile home" is that which is, or was as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped and used primarily for sleeping, eating and living quarters, or is intended to be so used; and includes any additions, attachments, annexes, foundations and appurtenances has the meaning given in s. 101.91 (10).

AB1085-ASA1,6,18 (e) "Mobile Manufactured and mobile home park community" means any plot or plots of ground upon which 2 3 or more units manufactured homes or mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether a charge is made for the accommodation.

AB1085-ASA1, s. 10 Section 10. 66.0435 (1) (f) of the statutes is repealed.

AB1085-ASA1, s. 11 Section 11. 66.0435 (1) (g) of the statutes is renumbered 66.0435 (1) (am) and amended to read: