Amendment ASA1-AB1085

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:

AB1085-ASA1,6,23 66.0435 (1) (am) "Park Community" means a manufactured and mobile home park community.

AB1085-ASA1, s. 12 Section 12. 66.0435 (1) (i) and (j) of the statutes are amended to read:

AB1085-ASA1,7,3 66.0435 (1) (i) "Space" means a plot of ground within a manufactured and mobile home park community, designed for the accommodation of one manufactured or mobile home unit.

AB1085-ASA1,7,4 (j) "Unit" means a single manufactured or mobile home unit.

AB1085-ASA1, s. 13 Section 13. 66.0435 (2) (a) of the statutes is amended to read:

AB1085-ASA1,7,8 66.0435 (2) (a) It is unlawful for any person to maintain or operate a mobile home park community within the limits of a city, town or village, unless the person has received a license from the city, town or village.

AB1085-ASA1, s. 14 Section 14. 66.0435 (2) (b) of the statutes is amended to read:

AB1085-ASA1,7,14 66.0435 (2) (b) In order to protect and promote the public health, morals and welfare and to equitably defray the cost of municipal and educational services required by persons and families using or occupying trailers, mobile homes, trailer camps or mobile home parks communities for living, dwelling or sleeping purposes, a city council, village board and town board may do any of the following:

AB1085-ASA1,7,17 1. Establish and enforce by ordinance reasonable standards and regulations for every trailer and trailer camp and every mobile home and mobile home park community.

AB1085-ASA1,7,21 2. Require an annual license fee to operate a trailer and trailer camp or mobile home and mobile home park community and levy and collect special assessments to defray the cost of municipal and educational services furnished to the trailer and trailer camp, or mobile home and mobile home park a community.

AB1085-ASA1,7,23 3. Limit the number of units, trailers or mobile homes that may be parked or kept located in any one camp or park community.

AB1085-ASA1,8,3 4. Limit the number of licenses for trailer camps or parks communities in any common school district, if the mobile housing development of a community would cause the school costs to increase above the state average or if an exceedingly difficult or impossible situation exists with regard to providing adequate and proper sewage disposal in the particular area.

AB1085-ASA1, s. 15 Section 15. 66.0435 (2) (c) of the statutes is amended to read:

AB1085-ASA1,8,9 66.0435 (2) (c) In a town in which the town board enacts an ordinance regulating trailers manufactured and mobile homes under this section and has also enacted and approved a county zoning ordinance under the provisions of s. 59.69, the provisions of the ordinance which is most restrictive apply with respect to the establishment and operation of a trailer camp community in the town.

AB1085-ASA1, s. 16 Section 16. 66.0435 (2) (d) of the statutes is amended to read:

AB1085-ASA1,8,24 66.0435 (2) (d) A license granted under this section is subject to revocation or suspension for cause by the licensing authority that issued the license upon complaint filed with the clerk of the licensing authority, if the complaint is signed by a law enforcement officer, local health officer, as defined in s. 250.01 (5), or building inspector, after a public hearing upon the complaint. The holder of the license shall be given 10 days' written notice of the hearing, and is entitled to appear and be heard as to why the license should not be revoked. A holder of a license that is revoked or suspended by the licensing authority may within 20 days of the date of the revocation or suspension appeal the decision to the circuit court of the county in which the trailer camp or mobile home park community is located by filing a written notice of appeal with the clerk of the licensing authority, together with a bond executed to the licensing authority, in the sum of $500 with 2 sureties or a bonding company approved by the clerk, conditioned for the faithful prosecution of the appeal and the payment of costs adjudged against the license holder.

AB1085-ASA1, s. 17 Section 17. 66.0435 (3) (title) of the statutes is amended to read:

AB1085-ASA1,9,2 66.0435 (3) (title) License and monthly mobile home monthly municipal permit fee; review.

AB1085-ASA1, s. 18 Section 18. 66.0435 (3) (a) of the statutes is amended to read:

AB1085-ASA1,9,10 66.0435 (3) (a) The licensing authority shall collect from the licensee an annual license fee of not less than $25 nor more than $100 for each 50 spaces or fraction of 50 spaces within each mobile home park community within its limits. If the park community lies in more than one municipality the amount of the license fee shall be determined by multiplying the gross fee by a fraction the numerator of which is the number of spaces in the park community in a municipality and the denominator of which is the entire number of spaces in the park community.

AB1085-ASA1, s. 19 Section 19. 66.0435 (3) (c) 1. (intro.) of the statutes, as affected by 2005 Wisconsin Act .... (Senate Bill 404), is amended to read:

AB1085-ASA1,9,19 66.0435 (3) (c) 1. (intro.) In addition to the license fee provided in pars. (a) and (b), each licensing authority shall collect from each mobile home unit occupying space or lots in a park community in the licensing authority, except from recreational mobile homes as provided under par. (cm), from manufactured and mobile homes that constitute improvements to real property under s. 70.043 (1), and from recreational vehicles as defined in s. 340.01 (48r), and from camping trailers as defined in s. 340.01 (6m), a monthly parking permit fee computed as follows:

AB1085-ASA1, s. 20 Section 20. 66.0435 (3) (c) 1. a. of the statutes is amended to read:

AB1085-ASA1,9,23 66.0435 (3) (c) 1. a. On January 1, the assessor shall determine the total fair market value of each mobile home unit in the taxation district subject to the monthly parking municipal permit fee.

AB1085-ASA1, s. 21 Section 21. 66.0435 (3) (c) 1. c. of the statutes is amended to read:

AB1085-ASA1,10,4 66.0435 (3) (c) 1. c. The value of each mobile home unit, determined under subd. 1. b., shall be multiplied by the general property gross tax rate, less any credit rate for the property tax relief credit, established on the preceding year's assessment of general property.

AB1085-ASA1, s. 22 Section 22. 66.0435 (3) (c) 1. d. of the statutes is amended to read:

AB1085-ASA1,10,8 66.0435 (3) (c) 1. d. The total annual parking permit fee, computed under subd. 1. c., shall be divided by 12 and shall represent the monthly mobile home parking municipal permit fee.

AB1085-ASA1, s. 23 Section 23. 66.0435 (3) (c) 2. of the statutes is amended to read:

AB1085-ASA1,10,22 66.0435 (3) (c) 2. The monthly parking municipal permit fee is applicable to mobile homes units moving into the tax district any time during the year. The park community operator shall furnish information to the tax district clerk and the assessor on mobile homes units added to the park community within 5 days after their arrival, on forms prescribed by the department of revenue. As soon as the assessor receives the notice of an addition of a mobile home unit to a park community, the assessor shall determine its fair market value and notify the clerk of that determination. The clerk shall equate the fair market value established by the assessor and shall apply the appropriate tax rate, divide the annual parking permit fee thus determined by 12 and notify the mobile home unit owner of the monthly fee to be collected from the mobile home unit owner. Liability for payment of the fee begins on the first day of the next succeeding month and continues for the months in which the mobile home unit remains in the tax district.

AB1085-ASA1, s. 24 Section 24. 66.0435 (3) (c) 3. of the statutes is amended to read:

AB1085-ASA1,11,3 66.0435 (3) (c) 3. A new monthly parking municipal permit fee and a new valuation shall be established each January and shall continue for that calendar year.

AB1085-ASA1, s. 25 Section 25. 66.0435 (3) (c) 5. and 6. of the statutes are amended to read:

AB1085-ASA1,11,8 66.0435 (3) (c) 5. The monthly parking municipal permit fee shall be paid by the mobile home unit owner to the local taxing authority on or before the 10th of the month following the month for which the parking monthly municipal permit fee is due.

AB1085-ASA1,11,16 6. The licensee of a park community is liable for the monthly parking municipal permit fee for any mobile home unit occupying space in the park community as well as the owner and occupant of the mobile home occupying space each such unit, except that the licensee is not liable until the licensing authority has failed, in an action under ch. 799, to collect the fee from the owner and occupant of the unit. A municipality, by ordinance, may require the mobile home park community operator to collect the monthly parking municipal permit fee from the mobile home unit owner.

AB1085-ASA1, s. 26 Section 26. 66.0435 (3) (c) 7. of the statutes is repealed.

AB1085-ASA1, s. 27 Section 27. 66.0435 (3) (c) 8. of the statutes is amended to read:

AB1085-ASA1,12,3 66.0435 (3) (c) 8. The credit under s. 79.10 (9) (bm), as it applies to the principal dwelling on a parcel of taxable property, applies to the estimated fair market value of a mobile home unit that is the principal dwelling of the owner. The owner of the mobile home unit shall file a claim for the credit with the treasurer of the municipality in which the property is located. To obtain the credit under s. 79.10 (9) (bm), the owner shall attest on the claim that the mobile home unit is the owner's principal dwelling. The treasurer shall reduce the owner's parking monthly municipal permit fee by the amount of any allowable credit. The treasurer shall furnish notice of all claims for credits filed under this subdivision to the department of revenue as provided under s. 79.10 (1m).

AB1085-ASA1, s. 28 Section 28. 66.0435 (3) (c) 9. of the statutes is created to read:

AB1085-ASA1,12,7 66.0435 (3) (c) 9. No monthly municipal permit fee may be imposed on a financial institution, as defined in s. 69.30 (1) (b), that relates to a vacant unit that has been repossessed by the financial institution.

AB1085-ASA1, s. 29 Section 29. 66.0435 (3) (d) to (f) of the statutes are amended to read:

AB1085-ASA1,12,10 66.0435 (3) (d) This section does not apply to a mobile home park community that is owned and operated by any county under the provisions of s. 59.52 (16) (b).

AB1085-ASA1,12,18 (e) If a mobile home unit is permitted by local ordinance to be located outside of a licensed park community, the monthly parking municipal permit fee shall be paid by the owner of the land on which it stands, and the owner of the land shall comply with the reporting requirements of par. (c). The owner of the land may collect the fee from the owner of the mobile home unit and, on or before January 10 and on or before July 10, shall transmit to the taxation district all fees owed for the 6 months ending on the last day of the month preceding the month when the transmission is required.

AB1085-ASA1,12,20 (f) Nothing in this subsection prohibits the regulation by local ordinance of a mobile home park community.