AB519: Bill Text

AB519, s. 76 Section 76. 77.52 (2) (a) 1. of the statutes is amended to read:

AB519,38,4 77.52 (2) (a) 1. The furnishing of rooms or lodging to transients by hotelkeepers, motel operators and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for use of the accommodations, including the furnishing of rooms or lodging through the sale of a time-share property, as defined in s. 707.02 (32), if the use of the rooms or lodging is not fixed at the time of sale as to the starting day or the lodging unit. In this subdivision, "transient" means any person residing for a continuous period of less than one month in a hotel, motel or other furnished accommodations available to the public. In this subdivision, "hotel" or "motel" means a building or group of buildings in which the public may obtain accommodations for a consideration, including, without limitation, such establishments as inns, motels, tourist homes, tourist houses or courts, lodging houses, rooming houses, summer camps, apartment hotels, resort lodges and cabins and any other building or group of buildings in which accommodations are available to the public, except accommodations, including mobile homes as defined in s. 66.058 (1) (d) 101.91 (1), manufactured homes as defined in s. 101.91 (2), and travel trailers as defined in s. 340.01 (72r), rented for a continuous period of more than one month and accommodations furnished by any hospitals, sanatoriums, or nursing homes, or by corporations or associations organized and operated exclusively for religious, charitable or educational purposes provided that no part of the net earnings of such corporations and associations inures to the benefit of any private shareholder or individual.

AB519, s. 77 Section 77. 77.53 (17) of the statutes is amended to read:

AB519,38,14 77.53 (17) This section does not apply to tangible personal property purchased outside this state, other than motor vehicles, boats, snowmobiles, mobile homes travel trailers not exceeding 45 feet in length, trailers, semitrailers, all-terrain vehicles and airplanes registered or titled or required to be registered or titled in this state, which is brought into this state by a nondomiciliary for the person's own storage, use or other consumption while temporarily within this state when such property is not stored, used or otherwise consumed in this state in the conduct of a trade, occupation, business or profession or in the performance of personal services for wages or fees.

AB519, s. 78 Section 78. 77.53 (18) of the statutes is amended to read:

AB519,38,21 77.53 (18) This section does not apply to the storage, use or other consumption in this state of household goods for personal use or to aircraft, motor vehicles, boats, snowmobiles, mobile homes, manufactured homes, travel trailers, trailers, semitrailers and all-terrain vehicles, for personal use, purchased by a nondomiciliary of this state outside this state 90 days or more before bringing the goods or property into this state in connection with a change of domicile to this state.

AB519, s. 79 Section 79. 77.54 (7) (b) (intro.) of the statutes is amended to read:

AB519,39,4 77.54 (7) (b) (intro.) If the item transferred is a motor vehicle, snowmobile, mobile home travel trailer not exceeding 45 feet in length, trailer, semitrailer, all-terrain vehicle or aircraft and the item is registered or titled, or required to be registered or titled, in this state or if the item is a boat that is registered or titled, or required to be registered or titled, in this state or under the laws of the United States, the exemption under par. (a) applies only if all of the following conditions are fulfilled:

AB519, s. 80 Section 80. 77.54 (31) of the statutes is amended to read:

AB519,39,8 77.54 (31) The gross receipts from the sale of and the storage, use or other consumption in this state, but not the lease or rental, of used mobile homes that are primary housing units under s. 340.01 (29) or used manufactured homes.

AB519, s. 81 Section 81. 77.54 (36) of the statutes is amended to read:

AB519,39,12 77.54 (36) The gross receipts from the rental for a continuous period of one month or more of a mobile home, as defined in s. 66.058 (1) (d) 101.91 (1), or a manufactured home, as defined in s. 101.91 (2), that is used as a residence.

AB519, s. 82 Section 82. 77.61 (1) (a) of the statutes is amended to read:

AB519,39,17 77.61 (1) (a) No motor vehicle, boat, snowmobile, mobile home travel trailer not exceeding 45 feet in length, trailer, semitrailer, all-terrain vehicle or aircraft shall be registered or titled in this state unless the registrant presents proof that the sales or use taxes imposed by this subchapter have been paid.

AB519, s. 83 Section 83. 77.61 (1) (c) of the statutes is amended to read:

AB519,40,2 77.61 (1) (c) In the case of motor vehicles, boats, snowmobiles, mobile homes travel trailers not exceeding 45 feet in length, trailers, semitrailers, all-terrain vehicles or aircraft registered or titled, or required to be registered or titled, in this state purchased from persons who are not Wisconsin boat, trailer or semitrailer dealers, licensed Wisconsin aircraft, motor vehicle or mobile home travel trailer dealers or registered Wisconsin snowmobile or all-terrain vehicle dealers, the purchaser shall file a sales tax return and pay the tax prior to registering or titling the motor vehicle, boat, snowmobile, mobile home travel trailer not exceeding 45 feet in length, trailer, semitrailer, all-terrain vehicle or aircraft in this state.

AB519, s. 84 Section 84. 77.71 (4) of the statutes is amended to read:

AB519,40,13 77.71 (4) An excise tax is imposed at the rate of 0.5% in the case of a county tax or at the rate under s. 77.705 in the case of a special district tax of the sales price upon every person storing, using or otherwise consuming a motor vehicle, boat, snowmobile, mobile home travel trailer not exceeding 45 feet in length, trailer, semitrailer, all-terrain vehicle or aircraft, if that property must be registered or titled with this state and if that property is to be customarily kept in a county that has in effect an ordinance under s. 77.70 or in a special district that has in effect a resolution under s. 77.705, except that if the buyer has paid a similar local sales tax in another state on a purchase of the same property that tax shall be credited against the tax under this subsection.

AB519, s. 85 Section 85. 77.78 of the statutes is amended to read:

AB519,40,21 77.78 Registration. No motor vehicle, boat, snowmobile, mobile home travel trailer not exceeding 45 feet in length, trailer, semitrailer, all-terrain vehicle or aircraft that is required to be registered by this state may be registered or titled by this state unless the registrant files a sales and use tax report and pays the county tax and special district tax at the time of registering or titling to the state agency that registers or titles the property. That state agency shall transmit those tax revenues to the department of revenue.

AB519, s. 86 Section 86. 77.785 (2) of the statutes is amended to read:

AB519,41,2 77.785 (2) Prior to registration or titling, boat, all-terrain vehicle, trailer and semi-trailer dealers and licensed aircraft, motor vehicle, mobile home manufactured home, recreational vehicle and snowmobile dealers shall collect the taxes under this subchapter on sales of items under s. 77.71 (4). The dealer shall remit those taxes to the department of revenue along with payments of the taxes under subch. III.

AB519, s. 87 Section 87. 79.03 (3) (b) 4. a. of the statutes is amended to read:

AB519,41,10 79.03 (3) (b) 4. a. "Local general purpose taxes" means the portion of tax increments collected for payment to a municipality under s. 66.46 which is attributable to that municipality's own levy, general property taxes, excluding taxes for a county handicapped children's education board, collected to finance the general purpose government unit, property taxes collected for sewage and sanitary districts, mobile home monthly permit fees under s. 66.058, the proceeds of county sales and use taxes and municipal and county vehicle registration fees under s. 341.35 (1).

AB519, s. 88 Section 88. 101.125 (1) (a) of the statutes is amended to read:

AB519,41,20 101.125 (1) (a) "Building" means a place of employment or a public building and includes, without limitation because of enumeration, wholesale and retail stores, storerooms, office buildings, factories, warehouses, governmental buildings, hotels, hospitals, motels, dormitories, sanatoriums, nursing homes, retirement homes, theaters, stadiums, gymnasiums, amusement park buildings, schools and other buildings used for educational purposes, places of worship and other places of public assembly and all residences including mobile homes, manufactured or homes, industrialized housing, lodging homes and any other building used as a dwelling for one or more persons.

AB519, s. 89 Section 89. 101.19 (1) (e) of the statutes is amended to read:

AB519,41,23 101.19 (1) (e) The review of plans, construction inspections, department labels and licensing of manufacturers of manufactured homes and mobile homes.

AB519, s. 90 Section 90. 101.90 of the statutes is repealed.

AB519, s. 91 Section 91. 101.91 (intro.) of the statutes is amended to read:

AB519,42,1 101.91 Definitions. (intro.) In ss. 101.90 101.91 to 101.96 101.95:

AB519, s. 92 Section 92. 101.91 (2) (intro.) and (a) of the statutes are consolidated, renumbered 101.91 (2) and amended to read:

AB519,42,10 101.91 (2) "Manufactured home" means either of the following: (a) A a structure, transportable in one or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities which complies with the standards established under 42 USC 5401 to 5425.

AB519, s. 93 Section 93. 101.91 (2) (b) of the statutes is repealed.

AB519, s. 94 Section 94. 101.91 (3) of the statutes is amended to read:

AB519,42,14 101.91 (3) "Mobile Manufactured and mobile home park" has the meaning given in s. 66.058 (1) (e).

AB519, s. 95 Section 95. 101.92 (1) of the statutes is repealed.

AB519, s. 96 Section 96. 101.92 (3) of the statutes is amended to read:

AB519,42,19 101.92 (3) Shall review annually the rules adopted under ss. 101.90 101.91 to 101.96, and may revise rules upon recommendation by the advisory committee appointed under s. 101.96 101.95.

AB519, s. 97 Section 97. 101.92 (4) of the statutes is amended to read:

AB519,42,24 101.92 (4) Shall provide for announced or unannounced inspection of manufacturing facilities, processes, fabrication and assembly of manufactured homes and mobile homes to ensure compliance with the rules adopted under ss. 101.90 101.91 to 101.96 101.95.

AB519, s. 98 Section 98. 101.92 (5) of the statutes is repealed.

AB519, s. 99 Section 99. 101.92 (6) of the statutes is repealed.

AB519, s. 100 Section 100. 101.92 (7) of the statutes is amended to read:

AB519,43,4 101.92 (7) Shall establish a staff for the administration and enforcement of ss. 101.90 101.91 to 101.96 101.95.

AB519, s. 101 Section 101. 101.92 (8) of the statutes is amended to read:

AB519,43,7 101.92 (8) May revoke the license of any manufacturer who violates ss. 101.90 101.91 to 101.96 101.95 or any rules promulgated thereunder.

AB519, s. 102 Section 102. 101.93 of the statutes is repealed.

AB519, s. 103 Section 103. 101.94 (2) of the statutes is amended to read:

AB519,43,16 101.94 (2) No person may manufacture, assemble, distribute or sell a manufactured home unless the manufactured home complies with 42 USC 5401 to 5425 and applicable regulations as in effect on June 15, 1976. The department may establish, by rule, standards for the safe and sanitary design and construction of manufactured homes for the purpose of enforcement of this subchapter, and those standards may include standards in addition to any standards established by the secretary of housing and urban development under 42 USC 5401 to 5425.

AB519, s. 104 Section 104. 101.94 (3) of the statutes is repealed.

AB519, s. 105 Section 105. 101.94 (4) of the statutes is repealed.

AB519, s. 106 Section 106. 101.94 (5) of the statutes is repealed.

AB519, s. 107 Section 107. 101.94 (6) of the statutes is amended to read:

AB519,43,23 101.94 (6) Fees for review of plans, construction inspections, department labels and licensing of manufacturers shall be established by department rule under s. 101.19.

AB519, s. 108 Section 108. 101.94 (7) of the statutes is amended to read:

AB519,44,3 101.94 (7) The department shall hear and decide petitions brought under ss. 101.90 101.91 to 101.96 101.95 in the manner provided under s. 101.02 (6) (e) to (i) and (8) for petitions concerning property.

AB519, s. 109 Section 109. 101.95 of the statutes is amended to read:

AB519,44,8 101.95 (title) Manufactured home and mobile home manufacturers regulated. The department shall by rule prescribe the manner by which a manufacturer shall be licensed for the manufacture, distribution or selling of manufactured homes or mobile homes in this state.

AB519, s. 110 Section 110. 101.96 of the statutes is repealed.

AB519, s. 111 Section 111. 106.04 (1m) (L) of the statutes is amended to read:

AB519,44,18 106.04 (1m) (L) "Housing" means any improved property, or any portion thereof, including a mobile home as defined in s. 66.058 (1) (d) 101.91 (1), a manufactured home as defined in s. 101.91 (2), or a condominium, that is used or occupied, or is intended, arranged or designed to be used or occupied, as a home or residence. "Housing" includes any vacant land that is offered for sale or rent for the construction or location thereon of any building, structure or portion thereof that is used or occupied, or is intended, arranged or designed to be used or occupied, as a home or residence.

AB519, s. 112 Section 112. 138.052 (1) (b) of the statutes is amended to read:

AB519,44,24 138.052 (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).

AB519, s. 113 Section 113. 138.056 (1) (b) of the statutes is amended to read:

AB519,45,2 138.056 (1) (b) "Dwelling" includes a cooperative housing unit and a mobile home or manufactured home as defined in s. 218.10 (2) 101.91.

AB519, s. 114 Section 114. 138.056 (1) (c) of the statutes is amended to read:

AB519,45,7 138.056 (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.

AB519, s. 115 Section 115. 138.056 (1) (d) of the statutes is amended to read:

AB519,45,11 138.056 (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.

AB519, s. 116 Section 116. 138.056 (3) (a) of the statutes is amended to read:

AB519,45,19 138.056 (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).

AB519, s. 117 Section 117. 214.485 (10) of the statutes is amended to read:

AB519,45,21 214.485 (10) For the purpose of mobile home or manufactured home financing.

AB519, s. 118 Section 118. 215.205 (1) of the statutes is amended to read:

AB519,45,24 215.205 (1) Loans or obligations, or interests therein, for the purpose of mobile home or manufactured home financing.

AB519, s. 119 Section 119. Subchapter VI (title) of chapter 218 [precedes 218.10] of the statutes is amended to read:

AB519,46,3 CHAPTER 218

AB519,46,6 Subchapter VI mobile home Recreational vehicle dealers

AB519, s. 120 Section 120. 218.10 (1) of the statutes is renumbered 218.10 (1m) and amended to read:

AB519,46,11 218.10 (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.

AB519, s. 121 Section 121. 218.10 (2) of the statutes is amended to read:

AB519,46,18 218.10 (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).

AB519, s. 122 Section 122. 218.10 (3) of the statutes is renumbered 218.10 (1g), and 218.10 (1g) (intro.) and (e), as renumbered, are amended to read:

AB519,47,2 218.10 (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:

AB519,47,5 (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.

AB519, s. 123 Section 123. 218.10 (4) of the statutes is renumbered 218.10 (1x) and amended to read:

AB519,47,10 218.10 (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.

AB519, s. 124 Section 124. 218.10 (5) of the statutes is amended to read: