Amendment ASA1-AB21

LRBs0048/1

JK&RNK:lmk:nwn

2007 - 2008 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2007 ASSEMBLY BILL 21

April 2, 2007 - Offered by Representative Townsend.

AB21-ASA1,2,24 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) (e), 66.0435 (1) (g), 138.056 (1) (c), 710.15 (1) (a) and 710.15 (1) (e); to amend 30.40 (6), 45.31 (12), 49.47 (4) (b) 1., 59.69 (4) (d), 66.0435 (title), 66.0435 (1) (b) and (c), 66.0435 (1) (d), 66.0435 (1) (hm), 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) (cm) 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), 70.111 (19) (b), 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) 6., 77.51 (4) (b) 7., 77.51 (13) (am), 77.51 (15) (b) 5., 77.51 (15) (b) 6., 77.52 (2) (a) 1., 77.53 (17), 77.53 (18), 77.54 (7) (b) (intro.), 77.54 (31), 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) (d), 138.056 (3m) (a) 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., 138.056 (1) (bd), 340.01 (27m), 340.01 (29k) 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.

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

AB21-ASA1, s. 1 Section 1. 30.40 (6) of the statutes is amended to read:

AB21-ASA1,3,5 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).

AB21-ASA1, s. 2 Section 2. 45.31 (12) of the statutes is amended to read:

AB21-ASA1,3,9 45.31 (12) "Manufactured home" means a structure, as defined by the Federal Home Loan Mortgage Corporation, which meets or exceeds the statutory size under s. 348.07 (2) manufactured home, as defined in s. 101.91 (2).

AB21-ASA1, s. 3 Section 3. 49.47 (4) (b) 1. of the statutes is amended to read:

AB21-ASA1,3,13 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.

AB21-ASA1, s. 4 Section 4. 59.69 (4) (d) of the statutes is amended to read:

AB21-ASA1,3,16 59.69 (4) (d) Trailer camps, or tourist camps and, motels or both , and manufactured and mobile home parks communities.

AB21-ASA1, s. 5 Section 5. 66.0435 (title) of the statutes is amended to read:

AB21-ASA1,3,19 66.0435 (title) Mobile Manufactured and mobile home parks communities.

AB21-ASA1, s. 6 Section 6. 66.0435 (1) (a) of the statutes is repealed.

AB21-ASA1, s. 7 Section 7. 66.0435 (1) (b) and (c) of the statutes are amended to read:

AB21-ASA1,3,23 66.0435 (1) (b) "Licensee" means any person licensed to operate and maintain a manufactured and mobile home park community under this section.

AB21-ASA1,4,2 (c) "Licensing authority" means the city, town or village wherein a manufactured and mobile home park community is located.

AB21-ASA1, s. 8 Section 8. 66.0435 (1) (cm) of the statutes is created to read:

AB21-ASA1,4,5 66.0435 (1) (cm) "Manufactured home" has the meaning given in s. 101.91 (2) and includes any additions, attachments, annexes, foundations, and appurtenances.

AB21-ASA1, s. 9 Section 9. 66.0435 (1) (d) of the statutes is amended to read:

AB21-ASA1,4,11 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; has the meaning given in s. 101.91 (10) and includes any additions, attachments, annexes, foundations and appurtenances.

AB21-ASA1, s. 10 Section 10. 66.0435 (1) (e) of the statutes is renumbered 66.0435 (1) (cg) and amended to read:

AB21-ASA1,4,17 66.0435 (1) (cg) "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.

AB21-ASA1, s. 11 Section 11. 66.0435 (1) (f) of the statutes is repealed.

AB21-ASA1, s. 12 Section 12. 66.0435 (1) (g) of the statutes is renumbered 66.0435 (1) (am) and amended to read:

AB21-ASA1,4,22 66.0435 (1) (am) "Park Community" means a manufactured and mobile home park community.

AB21-ASA1, s. 13 Section 13. 66.0435 (1) (hm) of the statutes is amended to read:

AB21-ASA1,5,4 66.0435 (1) (hm) "Recreational mobile home" means a mobile home prefabricated structure that is no larger than 400 square feet, or that is certified by the manufacturer as complying with the code promulgated by the American National Standards Institute as ANSI 119.5 A119.5, and that is designed to be towed and used primarily as temporary living quarters for recreational, camping, travel, or seasonal purposes.

AB21-ASA1, s. 14 Section 14. 66.0435 (1) (i) and (j) of the statutes are amended to read:

AB21-ASA1,5,8 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.

AB21-ASA1,5,9 (j) "Unit" means a single manufactured or mobile home unit.

AB21-ASA1, s. 15 Section 15. 66.0435 (2) (a) of the statutes is amended to read:

AB21-ASA1,5,13 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.

AB21-ASA1, s. 16 Section 16. 66.0435 (2) (b) of the statutes is amended to read:

AB21-ASA1,5,19 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:

AB21-ASA1,5,22 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.

AB21-ASA1,6,2 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.

AB21-ASA1,6,4 3. Limit the number of units, trailers or mobile homes that may be parked or kept located in any one camp or park community.

AB21-ASA1,6,9 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.

AB21-ASA1, s. 17 Section 17. 66.0435 (2) (c) of the statutes is amended to read:

AB21-ASA1,6,15 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.

AB21-ASA1, s. 18 Section 18. 66.0435 (2) (d) of the statutes is amended to read:

AB21-ASA1,7,5 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.

AB21-ASA1, s. 19 Section 19. 66.0435 (3) (title) of the statutes is amended to read:

AB21-ASA1,7,8 66.0435 (3) (title) License and monthly mobile home monthly municipal permit fee; review.

AB21-ASA1, s. 20 Section 20. 66.0435 (3) (a) of the statutes is amended to read:

AB21-ASA1,7,16 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.