AB720: Bill Text

AB720,43,6 138.052 (1) (b) "Loan" means a loan secured by a first lien real estate mortgage on, or an equivalent security interest in, a one-to 4-family dwelling which the borrower uses as his or her principal place of residence and which is made, refinanced, renewed, extended or modified on or after November 1, 1981, but does not include a mobile manufactured home transaction as defined in s. 138.056 (1) (c).

AB720, s. 110 Section 110. 138.056 (1) (b) of the statutes is amended to read:

AB720,43,9 138.056 (1) (b) "Dwelling" includes a cooperative housing unit and a mobile home or manufactured home as defined in s. 218.10 (2) 101.91.

AB720, s. 111 Section 111. 138.056 (1) (c) of the statutes is amended to read:

AB720,43,14 138.056 (1) (c) "Mobile " Manufactured home transaction" means a consumer credit sale, as defined in s. 421.301 (9), of or a consumer loan, as defined in s. 421.301 (12), secured by a first lien or equivalent security interest in a mobile home or manufactured home as defined in s. 218.10 (2) 101.91.

AB720, s. 112 Section 112. 138.056 (1) (d) of the statutes is amended to read:

AB720,43,18 138.056 (1) (d) "Variable rate loan" means a mobile manufactured home transaction or a loan as defined in s. 138.052 (1) (b), the terms of which permits the interest rate to be increased or decreased.

AB720, s. 113 Section 113. 138.056 (3) (a) of the statutes is amended to read:

AB720,44,2 138.056 (3) (a) A variable rate loan involving a mobile manufactured home transaction or using an approved index may be prepaid at any time in whole or in part without penalty. Other variable rate loans may be prepaid in whole or part without penalty within 30 days after notice of an increase in the interest rate and with the prepayment penalty under s. 138.052 (2) (a) 2. and 3. if prepayment is made before or after the 30-day period. This paragraph controls if there is a conflict with s. 138.052 (2) (a).

AB720, s. 114 Section 114. 144.30 (3r) of the statutes is amended to read:

AB720,44,6 144.30 (3r) "Architectural coating" means a coating applied to a stationary structure, including a parking lot, and its appurtenances or to a mobile home or manufactured home.

AB720, s. 115 Section 115. 214.485 (10) of the statutes is amended to read:

AB720,44,8 214.485 (10) For the purpose of mobile home or manufactured home financing.

AB720, s. 116 Section 116. 215.205 (1) of the statutes is amended to read:

AB720,44,11 215.205 (1) Loans or obligations, or interests therein, for the purpose of mobile home or manufactured home financing.

AB720, s. 117 Section 117. 218.01 (6) (bn) 3. of the statutes is amended to read:

AB720,44,18 218.01 (6) (bn) 3. For any retail instalment sale of a mobile home or manufactured home as defined in s. 218.10 (2) 101.91 made on or after November 1, 1981 and before November 1, 1984, or for any refinancing, renewal, extension or modification on or after November 1, 1981 and before November 1, 1984, of any such retail instalment sale, the maximum finance charges under pars. (b) and (bm) do not apply.

AB720, s. 118 Section 118. Subchapter VI (title) of chapter 218 [precedes 218.10] of the statutes is amended to read:

AB720,44,21 CHAPTER 218

AB720,44,24 Subchapter VI mobile home Recreational vehicle dealers

AB720, s. 119 Section 119. 218.10 (1) of the statutes is renumbered 218.10 (1m) and amended to read:

AB720,45,5 218.10 (1m) "Delivery date" means the date on which a mobile home recreational vehicle is physically delivered to the site chosen by the mobile home recreational vehicle owner.

AB720, s. 120 Section 120. 218.10 (2) of the statutes is amended to read:

AB720,45,12 218.10 (2) "Mobile home" means a vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction. "Mobile home" includes the mobile home structure, including the plumbing, heating and electrical systems and all appliances and all other equipment carrying a manufacturer's warranty has the meaning given in s. 101.91 (1).

AB720, s. 121 Section 121. 218.10 (3) of the statutes is renumbered 218.10 (1g), and 218.10 (1g) (intro.) and (e), as renumbered, are amended to read:

AB720,45,20 218.10 (1g) (intro.) "Mobile home dealer "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 recreational vehicles or who is engaged wholly or in part in the business of selling mobile homes recreational vehicles, whether or not the mobile homes recreational vehicles are owned by the person, but does not include:

AB720,45,23 (e) A person transferring a mobile home recreational vehicle 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.

AB720, s. 122 Section 122. 218.10 (4) of the statutes is renumbered 218.10 (1x) and amended to read:

AB720,46,3 218.10 (4) "Mobile home manufacturer "Manufacturer" means any person within or without this state who manufactures or assembles mobile homes recreational vehicles for sale in this state.

AB720, s. 123 Section 123. 218.10 (5) of the statutes is amended to read:

AB720,46,7 218.10 (5) "Mobile home owner "Owner" means any person or lessee thereof who purchases a mobile home recreational vehicle primarily for use for personal, family or household purposes.

AB720, s. 124 Section 124. 218.10 (6) of the statutes is renumbered 218.10 (8t) and amended to read:

AB720,46,12 218.10 (8t) "Mobile home salesperson "Salesperson" means any person who is employed by a mobile home manufacturer or dealer to sell or lease mobile homes recreational vehicles.

AB720, s. 125 Section 125. 218.10 (7) of the statutes is amended to read:

AB720,46,16 218.10 (7) "New mobile home recreational vehicle" means a mobile home recreational vehicle which has never been occupied, used or sold for personal or business use.

AB720, s. 126 Section 126. 218.10 (8) of the statutes is repealed.

AB720, s. 127 Section 127. 218.10 (8m) of the statutes is amended to read:

AB720,46,20 218.10 (8m) "Recreational vehicle" means a mobile home that does not exceed the statutory size under s. 348.07 or a travel trailer, as defined in s. 340.01 (72r).

AB720, s. 128 Section 128. 218.10 (9) of the statutes is amended to read:

AB720,46,24 218.10 (9) "Used mobile home recreational vehicle" means a mobile home recreational vehicle which has previously been occupied, used or sold for personal or business use.

AB720, s. 129 Section 129. 218.101 (1) of the statutes is repealed.

AB720, s. 130 Section 130. 218.101 (2) of the statutes is renumbered 218.101 and amended to read:

AB720,47,5 218.101 Administering department. The department of transportation shall administer this subchapter as it relates to those mobile home dealers and mobile home salespersons engaged in the sale of recreational vehicles.

AB720, s. 131 Section 131. 218.11 (title) of the statutes is amended to read:

AB720,47,7 218.11 (title) Mobile home Recreational vehicle dealers regulated.

AB720, s. 132 Section 132. 218.11 (1) of the statutes is amended to read:

AB720,47,11 218.11 (1) No person may engage in the business of selling mobile homes recreational vehicles to the ultimate consumer or to the retail market in this state unless first licensed to do so by the licensor as herein provided.

AB720, s. 133 Section 133. 218.11 (6) (n) of the statutes is amended to read:

AB720,47,14 218.11 (6) (n) Having violated any law relating to the sale, distribution or financing of mobile homes recreational vehicles.

AB720, s. 134 Section 134. 218.12 (title) of the statutes is amended to read:

AB720,47,17 218.12 (title) Mobile home dealer Recreational vehicle salespersons regulated.

AB720, s. 135 Section 135. 218.12 (1) of the statutes is amended to read:

AB720,47,23 218.12 (1) No person may engage in the business of selling mobile homes recreational vehicles to the ultimate consumer or to the retail market in this state without a license therefor from the licensor. If a mobile home dealer acts as a mobile home salesperson the dealer shall secure a mobile home salesperson's license in addition to the license for engaging as a mobile home dealer.

AB720, s. 136 Section 136. 218.12 (2) (a) of the statutes is amended to read:

AB720,48,5 218.12 (2) (a) Applications for mobile home a salesperson's license and renewals thereof shall be made to the licensor on such forms as the licensor prescribes and furnishes and shall be accompanied by the license fee required under par. (c) or (d). The application shall require such pertinent information as the licensor requires.

AB720, s. 137 Section 137. 218.12 (5) of the statutes is amended to read:

AB720,48,9 218.12 (5) The provision of s. 218.01 (3) relating to the denial, suspension and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension and revocation of a mobile home salesperson's license so far as applicable.

AB720, s. 138 Section 138. 218.12 (6) of the statutes is amended to read:

AB720,48,13 218.12 (6) The provisions of s. 218.01 (3) (g) and (5) shall apply to this section, mobile home recreational vehicle sales practices and the regulation of travel trailer or mobile home recreational vehicle salespersons, as far as applicable.

AB720, s. 139 Section 139. 218.14 of the statutes is repealed.

AB720, s. 140 Section 140. 218.15 of the statutes is amended to read:

AB720,48,20 218.15 (title) Sale or lease of used primary housing units recreational vehicles. In the sale or lease of any used primary housing unit recreational vehicles, the sales invoice or lease agreement shall contain the point of manufacture of the used primary housing unit recreational vehicle, the name of the manufacturer and the name and address of the previous owner.

AB720, s. 141 Section 141. 218.16 of the statutes is repealed.

AB720, s. 142 Section 142. 218.165 of the statutes is repealed.

AB720, s. 143 Section 143. 218.17 (1) of the statutes is repealed.

AB720, s. 144 Section 144. 218.17 (3) of the statutes is amended to read:

AB720,49,6 218.17 (3) Nothing in this subchapter prohibits the bringing of a civil action against a mobile home manufacturer, dealer or salesperson by an aggrieved customer. If judgment is rendered for the customer based on an act or omission by the manufacturer, dealer or salesperson, which constituted a violation of this subchapter, the plaintiff shall recover actual and proper attorney fees in addition to costs otherwise recoverable.

AB720, s. 145 Section 145. 227.43 (1) (bg) of the statutes is amended to read:

AB720,49,13 227.43 (1) (bg) Assign a hearing examiner to preside over any hearing or review under ss. 16.996 (7) (a) and (b), 16.997 (6), 84.30 (18), 84.31 (6) (a), 85.013 (1), 86.073 (3), 86.16 (5), 86.195 (9) (b), 86.32 (1), 114.134 (4) (b), 114.135 (9), 114.20 (19), 175.05 (4) (b), 194.145 (1), 194.46, 218.01 (2) (bd) 2 and (c) 2., (3) (b), (c), (f) 1., (fm) 1. and (h) and (3c) (d), 218.11 (7) (a) and (b), 218.22 (4) (a) and (b), 218.32 (4) (a) and (b), 218.41 (4), 218.51 (5) (a) and (b), 341.09 (2m) (d), 342.26, 343.69 and 348.25 (9).

AB720, s. 146 Section 146. 234.622 (7) of the statutes is amended to read:

AB720,49,23 234.622 (7) "Qualifying dwelling unit" means a dwelling unit, not including a mobile home as defined in s. 66.058 101.91 (1), located in this state, habitable as a permanent residence and to which property taxes or special assessments are, or may conveniently be, allocated and up to one acre of land appertaining to it held in the same ownership as the dwelling unit. For purposes of ss. 234.621 to 234.626, "qualifying dwelling unit" includes a unit in a condominium or in a cooperative or in a multi-unit dwelling with 4 or fewer units, but in all of these 3 cases only the portion of taxes or special assessments allocable to the unit lived in by the participant may qualify for loans under ss. 234.621 to 234.626.

AB720, s. 147 Section 147. 340.01 (11) (intro.) of the statutes is amended to read:

AB720,50,7 340.01 (11) (intro.) "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 motor vehicles, mobile homes, manufactured homes, recreational vehicles, trailers or semitrailers, or who is engaged wholly or in part in the business of selling motor vehicles, mobile homes, manufactured homes, recreational vehicles, trailers or semitrailers, whether or not such vehicles are owned by that person, but not including:

AB720, s. 148 Section 148. 340.01 (14) of the statutes is amended to read:

AB720,50,12 340.01 (14) "Distributor" means a person who in whole or in part sells or distributes motor vehicles, mobile homes, manufactured homes, recreational vehicles, trailers or semitrailers to dealers, or who maintains distributor representatives.

AB720, s. 149 Section 149. 340.01 (18m) of the statutes is amended to read:

AB720,50,17 340.01 (18m) "Fifth-wheel mobile home vehicle" means a mobile home travel trailer as defined in sub. (29) (72r) which is towed by a vehicle with a flatbed frame so the trailer hitch of the mobile home travel trailer is bolted to the flatbed frame of the towing vehicle.

AB720, s. 150 Section 150. 340.01 (27m) of the statutes is created to read:

AB720,50,19 340.01 (27m) "Manufactured home" has the meaning given in s. 101.91 (2).

AB720, s. 151 Section 151. 340.01 (28) of the statutes is amended to read:

AB720,50,25 340.01 (28) "Manufacturer" means a person who manufactures or assembles motor vehicles, mobile homes, manufactured homes, recreational vehicles, trailers or semitrailers, or who manufactures or installs on previously assembled truck chassis special bodies or equipment which when installed form an integral part of the motor vehicle and which constitutes a major manufacturing alteration.

AB720, s. 152 Section 152. 340.01 (29) of the statutes is amended to read:

AB720,51,8 340.01 (29) "Mobile home" means a vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction. A mobile home exceeding statutory size under s. 348.07 (2) shall be considered a primary housing unit. A mobile home not exceeding the statutory size under s. 348.07 (2) shall be considered a touring or recreational unit has the meaning given in s. 101.91 (1).

AB720, s. 153 Section 153. 340.01 (33m) of the statutes is amended to read:

AB720,51,12 340.01 (33m) "Motor home" means a motor vehicle designed to be operated upon a highway for use as a temporary or recreational dwelling and having the same internal characteristics and equipment as a mobile home.

AB720, s. 154 Section 154. 340.01 (48r) of the statutes is created to read:

AB720,51,14 340.01 (48r) "Recreational vehicle" has the meaning given in s. 218.10 (8m).

AB720, s. 155 Section 155. 340.01 (57) of the statutes is amended to read:

AB720,51,20 340.01 (57) "Semitrailer" means a vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle, but does not include a mobile home or manufactured home. A vehicle used with a ready-mix motor truck to spread the load is considered a semitrailer.