AB519: Bill Text

AB519, s. 136 Section 136. 218.12 (1) of the statutes is amended to read:

AB519,49,5 218.12 (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.

AB519, s. 137 Section 137. 218.12 (2) (a) of the statutes is amended to read:

AB519,49,11 218.12 (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.

AB519, s. 138 Section 138. 218.12 (5) of the statutes is amended to read:

AB519,49,15 218.12 (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.

AB519, s. 139 Section 139. 218.12 (6) of the statutes is amended to read:

AB519,49,19 218.12 (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.

AB519, s. 140 Section 140. 218.14 of the statutes is repealed.

AB519, s. 141 Section 141. 218.15 of the statutes is amended to read:

AB519,50,2 218.15 (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.

AB519, s. 142 Section 142. 218.16 of the statutes is repealed.

AB519, s. 143 Section 143. 218.165 of the statutes is repealed.

AB519, s. 144 Section 144. 218.17 (1) of the statutes is repealed.

AB519, s. 145 Section 145. 218.17 (3) of the statutes is amended to read:

AB519,50,12 218.17 (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.

AB519, s. 146 Section 146. 227.43 (1) (bg) of the statutes is amended to read:

AB519,50,19 227.43 (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).

AB519, s. 147 Section 147. 234.622 (7) of the statutes is amended to read:

AB519,51,4 234.622 (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.

AB519, s. 148 Section 148. 285.01 (9m) of the statutes is amended to read:

AB519,51,8 285.01 (9m) "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.

AB519, s. 149 Section 149. 340.01 (11) (intro.) of the statutes is amended to read:

AB519,51,16 340.01 (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:

AB519, s. 150 Section 150. 340.01 (14) of the statutes is amended to read:

AB519,51,21 340.01 (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.

AB519, s. 151 Section 151. 340.01 (18m) of the statutes is amended to read:

AB519,52,2 340.01 (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.

AB519, s. 152 Section 152. 340.01 (27m) of the statutes is created to read:

AB519,52,4 340.01 (27m) "Manufactured home" has the meaning given in s. 101.91 (2).

AB519, s. 153 Section 153. 340.01 (28) of the statutes is amended to read:

AB519,52,10 340.01 (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.

AB519, s. 154 Section 154. 340.01 (29) of the statutes is amended to read:

AB519,52,18 340.01 (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).

AB519, s. 155 Section 155. 340.01 (33m) of the statutes is amended to read:

AB519,52,22 340.01 (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.

AB519, s. 156 Section 156. 340.01 (48r) of the statutes is created to read:

AB519,52,24 340.01 (48r) "Recreational vehicle" has the meaning given in s. 218.10 (8m).

AB519, s. 157 Section 157. 340.01 (57) of the statutes is amended to read:

AB519,53,5 340.01 (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.

AB519, s. 158 Section 158. 340.01 (71) of the statutes is amended to read:

AB519,53,9 340.01 (71) "Trailer" means a vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, but does not include a mobile home or manufactured home.

AB519, s. 159 Section 159. 340.01 (72) (a) of the statutes is amended to read:

AB519,53,17 340.01 (72) (a) A person engaged in this state in the business of transporting and delivering motor vehicles, trailers, semitrailers or , mobile homes or manufactured homes in tow on their own wheels or under their own power from the manufacturer to the distributor, dealer or branch of the manufacturer, or from the distributor or dealer to another distributor or dealer, the manufacturer or branch of the manufacturer or from the branch of the manufacturer to the distributor, dealer or manufacturer.

AB519, s. 160 Section 160. 340.01 (72r) of the statutes is created to read:

AB519,53,22 340.01 (72r) "Travel trailer" means a vehicle that is designed to be towed as a single unit upon a highway by a motor vehicle, that is equipped and used, or intended to be used, as a temporary or recreational dwelling and that has walls of rigid uncollapsible construction.

AB519, s. 161 Section 161. 341.04 (1) of the statutes is amended to read:

AB519,54,7 341.04 (1) It is unlawful for any person to operate or for an owner to consent to being operated on any highway of this state any motor vehicle, mobile home, manufactured home, travel trailer, trailer or semitrailer or any other vehicle for which a registration fee is specifically prescribed unless at the time of operation the vehicle in question either is registered in this state, or, except for registration under s. 341.30 or 341.305, a complete application for registration, including evidence of any inspection under s. 110.20 when required, accompanied by the required fee has been delivered to the department or deposited in the mail properly addressed with postage prepaid, or is exempt from registration.

AB519, s. 162 Section 162. 341.05 (14m) of the statutes is amended to read:

AB519,54,10 341.05 (14m) Is a new motor vehicle or new manufactured home being operated only across a highway from point of manufacture or assembly.

AB519, s. 163 Section 163. 341.25 (1) (intro.) of the statutes is amended to read:

AB519,54,16 341.25 (1) (intro.) Unless a different fee is prescribed for a particular vehicle by par. (b) or ss. 341.26 to 341.268, the following registration fees shall be paid to the department for the annual registration of each motor vehicle, mobile home, manufactured home, travel trailer, trailer or semitrailer not exempted by s. 341.05 from registration in this state:

AB519, s. 164 Section 164. 341.25 (1) (i) of the statutes is amended to read:

AB519,54,20 341.25 (1) (i) For each mobile home, manufactured home or travel trailer 25 feet or less in length, a fee of $12; for each mobile home, manufactured home or travel trailer more than 25 feet in length, a fee of $18.

AB519, s. 165 Section 165. 341.47 (1) (intro.) of the statutes is amended to read:

AB519,55,3 341.47 (1) (intro.) Except as provided in sub. (2), any motor vehicle, mobile home, manufactured home, trailer or semitrailer owned or repossessed by a dealer, distributor or manufacturer may be operated on the highways of this state for either private or business purposes without being registered if such vehicle has displayed upon it valid registration plates issued pursuant to s. 341.51 to the dealer, distributor or manufacturer who is the owner of the vehicle or holder of the repossessed vehicle and such vehicle:

AB519, s. 166 Section 166. 341.51 (1) of the statutes is amended to read:

AB519,55,14 341.51 (1) The department shall register a person as a dealer, distributor or manufacturer of motor vehicles, trailers or semitrailers or as a transporter of vehicles upon receipt of a properly completed application form together with a fee of $75 and upon being satisfied that the applicant is by law entitled to be registered. The department shall register a person as a dealer, distributor or manufacturer of mobile homes or manufactured homes upon receipt of a properly completed application form together with a fee of $75 and upon being satisfied that the applicant is by law entitled to be so registered. The department shall assign to each person registered under this section a distinctive registration number and shall issue a certificate of registration bearing the registration number assigned.

AB519, s. 167 Section 167. 341.51 (2) of the statutes is amended to read:

AB519,55,24 341.51 (2) Upon registering a dealer, distributor, manufacturer or transporter the department also shall issue 2 registration plates. The department, upon receiving a fee of $5 for each additional plate desired by a dealer, distributor or manufacturer of motor vehicles, trailers or semitrailers, $5 for each additional plate desired by a dealer, distributor or manufacturer of mobile homes or manufactured homes and $5 for each additional plate desired by a transporter, shall issue to the registered dealer, distributor, manufacturer or transporter the additional plates as ordered. The department may charge a fee of $2 per plate for replacing lost, damaged or illegible plates issued under this subsection.

AB519, s. 168 Section 168. 341.53 of the statutes is amended to read:

AB519,56,6 341.53 Expiration of registration; transferability of plates. Certificates of registration and registration plates issued to dealers, distributors, manufacturers or transporters shall be issued for the calendar year and are valid only during the calendar year for which issued. Registration plates are transferable from one motor vehicle, trailer or semitrailer to another motor vehicle, trailer or semitrailer and from one mobile home or manufactured home to another.

AB519, s. 169 Section 169. 341.62 of the statutes is amended to read:

AB519,56,12 341.62 False evidence of registration. Whoever operates or possesses a motor vehicle, mobile home, manufactured home, trailer or semitrailer having attached thereto any plate or similar device fashioned in imitation or facsimile of or altered so as to resemble a registration plate issued by the department may be required to forfeit not more than $500.

AB519, s. 170 Section 170. 342.18 (4) (a) of the statutes is amended to read:

AB519,56,19 342.18 (4) (a) Whenever application therefor accompanied by the required fee is made by a finance company licensed under s. 138.09 or 218.01, a bank organized under the laws of this state, or a national bank located in this state, and the vehicle in question is a used vehicle for which the department had issued a certificate of title to the previous owner or a vehicle previously registered in another jurisdiction or is a mobile home or manufactured home.

AB519, s. 171 Section 171. 342.18 (4) (b) of the statutes is amended to read:

AB519,57,4 342.18 (4) (b) Whenever application therefor accompanied by the required fee is made by any other person and the vehicle in question is a vehicle for which the department had issued a certificate of title to the previous owner or is a vehicle previously registered in another jurisdiction or is a mobile home or manufactured home and the department is satisfied that the present owner has not operated or consented to the operation of the vehicle since it was transferred to that owner and that he or she understands that the certificate of title merely is evidence of ownership of the vehicle and does not authorize operation of the vehicle on the highways of this state.

AB519, s. 172 Section 172. 342.22 (3) (a) of the statutes is amended to read:

AB519,57,6 342.22 (3) (a) For a mobile home or manufactured home, 16 years.

AB519, s. 173 Section 173. 342.30 (2) of the statutes is amended to read:

AB519,57,25 342.30 (2) An identification number assigned by the department to a mobile home, trailer or semitrailer shall be stamped upon the frame in a readily visible location. The identification number for a manufactured home shall be the serial number required by 24 CFR 3280.6. An identification number assigned to a motor vehicle manufactured prior to January 1, 1969, shall be permanently affixed to the left front pillar. The vehicle identification number for motor vehicles manufactured after January 1, 1969, shall be permanently affixed upon either a part of the vehicle that is not designed to be removed except for repair, or a separate plate which is permanently affixed to such part. The vehicle identification number shall be located inside the passenger compartment and shall be readable, without moving any part of the vehicle, through the vehicle glazing under daylight lighting conditions by an observer having 20/20 vision (Snellen) whose eyepoint is located outside the vehicle adjacent to the left windshield pillar. Identification numbers assigned for cycles shall be stamped on the left side, near the top of the engine casting just below the cylinder barrel. Such stamping or affixing shall be done under the supervision of a dealer, distributor or manufacturer registered under s. 341.51 or under the supervision of a peace officer. The person supervising the stamping or affixing shall make a report thereof to the department.

AB519, s. 174 Section 174. 342.40 (1) of the statutes is amended to read:

AB519,58,12 342.40 (1) No person shall leave unattended any motor vehicle, trailer, semitrailer or, mobile home or manufactured home on any public highway or private or public property, for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. Except as otherwise provided in this section, whenever any vehicle has been left unattended without the permission of the property owner for more than 48 hours in cities of the 1st class and, in other cities, villages and towns, a period set by the governing body thereof, the vehicle is deemed abandoned and constitutes a public nuisance. A motor vehicle shall not be considered an abandoned motor vehicle when it is out of ordinary public view, or when designated as not abandoned by a duly authorized municipal or county official pursuant to municipal or county ordinance.

AB519, s. 175 Section 175. 342.40 (3) (a) of the statutes is amended to read:

AB519,58,21 342.40 (3) (a) Any municipal or university police officer, police officer appointed under s. 16.84 (2), sheriff's deputy, county traffic patrolman, state traffic officer or conservation warden who discovers any motor vehicle, trailer, semitrailer, or mobile home or manufactured home on any public highway or private or public property which has been abandoned shall cause the vehicle to be removed to a suitable place of impoundment. Upon removal of the vehicle the officer or warden shall notify the sheriff or chief of police of the abandonment and of the location of the impounded vehicle.

AB519, s. 176 Section 176. 343.055 (1) (d) of the statutes is amended to read:

AB519,59,6 343.055 (1) (d) Recreational vehicle operators. The operator of the commercial motor vehicle is a person operating a motor home, or a vehicle towing a 5th-wheel mobile home vehicle or single-unit touring mobile home travel trailer not exceeding 45 feet in length and the vehicle or combination, including both units of a combination towing vehicle and the 5th-wheel mobile home vehicle or mobile home, is both operated and controlled by the person and is transporting only members of the person's family, guests or their personal property. This paragraph does not apply to any transportation for hire or the transportation of any property connected to a commercial activity. In this paragraph, "controlled" means leased or owned.

AB519, s. 177 Section 177. 346.94 (8) of the statutes is amended to read:

AB519,59,12 346.94 (8) (title) Transporting persons in mobile homes, manufactured homes or boats. Except as provided in sub. (8m), no person may operate a motor vehicle towing any mobile home, manufactured home, travel trailer or boat on a trailer upon a highway when any person is in such mobile home, manufactured home, travel trailer or boat.

AB519, s. 178 Section 178. 346.94 (8m) (title) of the statutes is amended to read:

AB519,59,15 346.94 (8m) (title) Transporting persons in fifth-wheel mobile homes vehicle.

AB519, s. 179 Section 179. 346.94 (8m) (a) of the statutes is amended to read:

AB519,59,20 346.94 (8m) (a) No person may operate a motor vehicle towing a fifth-wheel mobile home vehicle upon a highway when any person under the age of 12 years is in the fifth-wheel mobile home vehicle unless one person 16 years of age or older is also in the fifth-wheel mobile home vehicle.

AB519, s. 180 Section 180. 346.94 (8m) (b) of the statutes is amended to read:

AB519,60,2 346.94 (8m) (b) No person may operate a motor vehicle towing a fifth-wheel mobile home vehicle upon a highway with any person in such mobile home vehicle unless the fifth-wheel mobile home vehicle is equipped with a two-way communications system in proper working order and capable of providing voice communications between the operator of the towing vehicle and any occupant of the fifth-wheel mobile home vehicle.

AB519, s. 181 Section 181. 347.13 (1) of the statutes is amended to read:

AB519,60,15 347.13 (1) No person shall operate a motor vehicle, mobile home or, manufactured home, travel trailer, trailer or semitrailer upon a highway during hours of darkness unless such motor vehicle, mobile home or trailer or, manufactured home, travel trailer or semitrailer is equipped with at least one tail lamp mounted on the rear which, when lighted during hours of darkness, emits a red light plainly visible from a distance of 500 feet to the rear. No tail lamp shall have any type of decorative covering that restricts the amount of light emitted when the tail lamp is in use. No vehicle originally equipped at the time of manufacture and sale with 2 tail lamps shall be operated upon a highway during hours of darkness unless both such lamps are in good working order. This subsection does not apply to any type of decorative covering originally equipped on the vehicle at the time of manufacture and sale.

AB519, s. 182 Section 182. 347.14 (1) of the statutes is amended to read: