AB807,20,103 101.9217 (2) (a) An owner shall promptly deliver the owner's certificate of title
4to any secured party who is named on it or who has a security interest in the mobile
5manufactured home described in it under any other applicable prior law of this state,
6upon receipt of a notice from such secured party that the security interest is to be
7assigned, extended or perfected. Any owner who fails to deliver the certificate of title
8to a secured party requesting it under this paragraph shall be liable to such secured
9party for any loss caused to the secured party thereby and may be required to forfeit
10not more than $200.
AB807, s. 37 11Section 37. 101.9218 (title) of the statutes, as created by 1999 Wisconsin Act
129
, is repealed and recreated to read:
AB807,20,14 13101.9218 (title) Applicability of manufactured home security
14provisions.
AB807, s. 38 15Section 38. 101.9218 of the statutes, as created by 1999 Wisconsin Act 9, is
16renumbered 101.9218 (1) and amended to read:
AB807,20,2217 101.9218 (1) Method of perfecting exclusive. The Except as provided in sub.
18(2), the
method provided in ss. 101.921 to 101.9218 101.9217 of perfecting and giving
19notice of security interests subject to ss. 101.921 to 101.9218 101.9217 is exclusive.
20Security interests subject to ss. 101.921 to 101.9218 101.9217 are hereby exempted
21exempt from the provisions of law which otherwise require or relate to the filing of
22instruments creating or evidencing security interests.
AB807, s. 39 23Section 39. 101.9218 (2) of the statutes is created to read:
AB807,21,3
1101.9218 (2) Fixtures excluded. Notwithstanding ss. 101.921 to 101.9217, the
2method provided in ss. 101.921 to 101.9217 of perfecting and giving notice of security
3interests does not apply to a manufactured home that is a fixture to real estate.
AB807, s. 40 4Section 40. 101.9219 (2) (intro.) and (a) and (3) (a) and (b) of the statutes, as
5created by 1999 Wisconsin Act 9, are amended to read:
AB807,21,86 101.9219 (2) (intro.) If the department is not satisfied as to the ownership of
7the mobile manufactured home or that there are no undisclosed security interests in
8it, the department, subject to sub. (3), shall either:
AB807,21,129 (a) Withhold issuance of a certificate of title until the applicant presents
10documents reasonably sufficient to satisfy the department as to the applicant's
11ownership of the mobile manufactured home and that there are no undisclosed
12security interests in it; or
AB807,21,17 13(3) (a) The applicant is a mobile manufactured home dealer licensed under s.
14101.951 and is financially responsible as substantiated by the last financial
15statement on file with the department, a finance company licensed under s. 138.09
16or 218.01, a bank organized under the laws of this state, or a national bank located
17in this state.
AB807,22,1118 (b) The applicant has filed with the department a bond in the form prescribed
19by the department and executed by the applicant, and either accompanied by the
20deposit of cash with the department or also executed by a person authorized to
21conduct a surety business in this state. The bond shall be in an amount equal to 1.5
22times the value of the mobile manufactured home as determined by the department
23and conditioned to indemnify any prior owner and secured party and any subsequent
24purchaser of the mobile manufactured home or person acquiring any security
25interest in it, and their respective successors in interest, against any expense, loss

1or damage, including reasonable attorney fees, by reason of the issuance of the
2certificate of title of the mobile manufactured home or on account of any defect in or
3undisclosed security interest upon the right, title and interest of the applicant in and
4to the mobile manufactured home. Any such interested person has a right of action
5to recover on the bond for any breach of its conditions, but the aggregate liability of
6the surety to all persons shall not exceed the amount of the bond. The bond, and any
7deposit accompanying it, shall be returned at the end of 5 years or prior thereto if,
8apart from this section, a nondistinctive certificate of title could then be issued for
9the mobile manufactured home, or if the currently valid certificate of title for the
10mobile manufactured home is surrendered to the department, unless the
11department has been notified of the pendency of an action to recover on the bond.
AB807, s. 41 12Section 41. 101.922 (1) (b) of the statutes, as created by 1999 Wisconsin Act
139
, is amended to read:
AB807,22,1514 101.922 (1) (b) That the mobile manufactured home has been scrapped,
15dismantled or destroyed.
AB807, s. 42 16Section 42. 101.9221 (1) (a), (3) and (4) of the statutes, as created by 1999
17Wisconsin Act 9
, are amended to read:
AB807,22,1918 101.9221 (1) (a) The person alleged to be the owner of the mobile manufactured
19home
is not the owner.
AB807,22,21 20(3) The applicant is a mobile manufactured home dealer and is prohibited from
21applying for a certificate of title under s. 101.921 (1) (a) or (b).
AB807,22,25 22(4) Except as provided in ss. 101.9203 (3) and 101.921 (1) (a) for a certificate
23of title and registration for a mobile manufactured home owned by a nonresident, the
24applicant is a nonresident and the issuance of a certificate of title has not otherwise
25been authorized by rule of the department.
AB807, s. 43
1Section 43. 101.9222 (title) of the statutes, as created by 1999 Wisconsin Act
29
, is amended to read:
AB807,23,3 3101.9222 (title) Previously certificated mobile manufactured homes.
AB807, s. 44 4Section 44. 101.9222 (1) to (3) and (5) (a) (intro.) and (b) of the statutes, as
5created by 1999 Wisconsin Act 9, are amended to read:
AB807,23,86 101.9222 (1) In this section, "previously certificated mobile manufactured
7home" means a mobile manufactured home for which a certificate of title has been
8issued by the department of transportation prior to July 1, 2000.
AB807,23,10 9(2) Sections 101.9213 to 101.9218 do not apply to a previously certificated
10mobile manufactured home until one of the following occurs:
AB807,23,1111 (a) There is a transfer of ownership of the mobile manufactured home.
AB807,23,1312 (b) The department of commerce issues a certificate of title of the mobile
13manufactured home under this chapter.
AB807,23,20 14(3) If the department is not satisfied that there are no undisclosed security
15interests, created before July 1, 2000, in a previously certificated mobile
16manufactured home, the department shall, unless the applicant fulfills the
17requirements of s. 101.9219 (3), issue a distinctive certificate of title of the mobile
18manufactured home containing the legend "This mobile manufactured home may be
19subject to an undisclosed security interest" and any other information that the
20department prescribes.
AB807,23,23 21(5) (a) (intro.) If a security interest in a previously certificated mobile
22manufactured home is perfected under any other applicable law of this state on
23July 1, 2000, the security interest continues perfected:
AB807,24,224 (b) If a security interest in a previously certificated mobile manufactured home
25was created, but was unperfected, under any other applicable law of this state on

1July 1, 2000, it may be perfected under par. (a), but such perfection dates only from
2the date of the department's receipt of the certificate.
AB807, s. 45 3Section 45. 101.93 of the statutes is amended to read:
AB807,24,7 4101.93 Departmental powers and duties. (1) The department shall adopt
5rules relating to plumbing in the design and construction of manufactured homes
6and mobile homes. The rules shall be consistent with s. 101.94 (1) to (3) and shall
7be reviewed annually.
AB807,24,10 8(2) The department shall establish qualification requirements for and shall
9certify persons to perform inspections of the plumbing systems in manufactured
10homes and mobile homes.
AB807,24,12 11(3) The department shall review plans and specifications for approval of
12plumbing systems in manufactured homes and mobile homes.
AB807, s. 46 13Section 46. 101.935 (title) of the statutes, as affected by 1999 Wisconsin Act
149
, is amended to read:
AB807,24,15 15101.935 (title) Mobile Manufactured home park regulation.
AB807, s. 47 16Section 47. 101.935 (1), (2) (a) and (d) and (2m) of the statutes, as affected by
171999 Wisconsin Act 9, are amended to read:
AB807,24,2018 101.935 (1) The department shall license and regulate mobile manufactured
19home parks. The department may investigate mobile manufactured home parks
20and, with notice, may enter and inspect private property.
AB807,24,25 21(2) (a) The department or a village, city or county granted agent status under
22par. (e) shall issue permits to and regulate mobile manufactured home parks. No
23person, state or local government who has not been issued a permit under this
24subsection may conduct, maintain, manage or operate a mobile manufactured home
25park.
AB807,25,13
1(d) A permit may not be issued under this subsection until all applicable fees
2have been paid. If the payment is by check or other draft drawn upon an account
3containing insufficient funds, the permit applicant shall, within 15 days after receipt
4of notice from the department of the insufficiency, pay by cashier's check or other
5certified draft, money order or cash the fees to the department, late fees and
6processing charges that are specified by rules promulgated by the department. If the
7permit applicant fails to pay all applicable fees, late fees and the processing charges
8within 15 days after the applicant receives notice of the insufficiency, the permit is
9void. In an appeal concerning voiding of a permit under this paragraph, the burden
10is on the permit applicant to show that the entire applicable fees, late fees and
11processing charges have been paid. During any appeal process concerning a
12payment dispute, operation of the mobile manufactured home park in question is
13considered to be operation without a permit.
AB807,25,15 14(2m) (a) The department shall inspect a mobile manufactured home park in
15the following situations:
AB807,25,1616 1. Upon completion of the construction of a mobile manufactured home park.
AB807,25,1817 2. Whenever a mobile manufactured home park is modified, as defined by the
18department by rule.
AB807,25,2019 3. Whenever the department receives a complaint about a mobile
20manufactured home park
AB807,25,2221 (b) The department may, with notice, inspect a mobile manufactured home
22park whenever the department determines an inspection is appropriate.
AB807, s. 48 23Section 48. 101.94 (3), (4) (intro.), (a) and (b) (intro.) and 1. to 3. and (5) of the
24statutes are amended to read:
AB807,26,16
1101.94 (3) Each manufactured home or mobile home manufacturer shall
2submit to the department typical construction plans and specifications for review.
3The department shall, by its own inspectors whether inside or outside this state,
4perform sufficient inspections of manufacturing premises and manufactured units
5to ensure compliance with this section. The department may contract for inspection
6services, as provided in sub. (4), for inspections outside this state. Each
7manufactured home or mobile home, upon final assembly, shall display a label which
8shall be prescribed by and be available only from the department, or similar agency
9of other states where units are manufactured, providing reciprocal agreements have
10been executed and are effective between this state and such other states indicating
11that the manufactured home or mobile home meets the requirements of ss. 101.90
12to 101.96
this subchapter or the applicable laws of the state with which a reciprocal
13agreement has been executed. No manufactured home or mobile home which bears
14such label shall be required by any person to comply with any building, plumbing,
15heating or electrical code or any construction standards other than those
16promulgated under this section.
AB807,26,24 17(4) (intro.) The department shall inspect manufactured homes and mobile
18homes
manufactured in other states to be sold or intended to be sold in this state.
19For such out-of-state inspections, the department may contract for 3rd party
20inspection by an inspection agency which has been approved by the department. The
21department shall monitor inspections conducted by 3rd party inspection agencies to
22ensure the quality of those inspections. To obtain departmental approval, the
23inspection agency shall submit an application to the department accompanied by
24written materials evidencing that the agency is:
AB807,27,2
1(a) Not under the jurisdiction or control of any manufacturer or supplier of the
2manufactured home or mobile home industry.
AB807,27,53 (b) (intro.) Professionally competent to determine that a manufactured home
4or mobile home is in compliance with the requirements and standards of this section
5by having sufficient expertise to do all of the following:
AB807,27,66 1. Inspect manufactured homes or mobile homes.
AB807,27,77 2. Review manufactured home or mobile home plans and specifications.
AB807,27,98 3. Evaluate manufactured home or mobile home manufacturer quality control
9procedures.
AB807,27,13 10(5) No manufactured home or mobile home after once being approved to display
11the label prescribed shall be altered in any way by a manufacturer, factory branch,
12distributor, distributor branch, dealer or salesperson without first obtaining an
13approval from the department or its authorized agent.
AB807, s. 49 14Section 49. 101.94 (7) of the statutes is amended to read:
AB807,27,1715 101.94 (7) The department shall hear and decide petitions brought under ss.
16101.90 to 101.96 this subchapter in the manner provided under s. 101.02 (6) (e) to (i)
17and (8) for petitions concerning property.
AB807, s. 50 18Section 50. 101.94 (8) (a) of the statutes, as affected by 1999 Wisconsin Act 9,
19is amended to read:
AB807,28,220 101.94 (8) (a) Except as provided in par. (c), a person who violates this
21subchapter, a rule promulgated under this subchapter or an order issued under this
22subchapter shall forfeit not more than $1,000 for each violation. Each violation of
23this subchapter constitutes a separate violation with respect to each manufactured
24home or mobile home or with respect to each failure or refusal to allow or perform
25an act required by this subchapter, except the maximum forfeiture under this

1subsection may not exceed $1,000,000 for a related series of violations occurring
2within one year of the first violation.
AB807, s. 51 3Section 51. 101.95 of the statutes is amended to read:
AB807,28,7 4101.95 Manufactured home and mobile home manufacturers
5regulated.
The department shall by rule prescribe the manner by which a
6manufacturer shall be licensed for the manufacture, distribution or selling of
7manufactured homes or mobile homes in this state.
AB807, s. 52 8Section 52. 101.951 (title) of the statutes, as created by 1999 Wisconsin Act
99
, is amended to read:
AB807,28,10 10101.951 (title) Mobile Manufactured home dealers regulated.
AB807, s. 53 11Section 53. 101.951 (1) and (6) (n) of the statutes, as created by 1999 Wisconsin
12Act 9
, are amended to read:
AB807,28,1513 101.951 (1) No person may engage in the business of selling mobile
14manufactured homes to a consumer or to the retail market in this state unless first
15licensed to do so by the department as provided in this section.
AB807,28,17 16(6) (n) Having violated any law relating to the sale, distribution or financing
17of mobile manufactured homes.
AB807, s. 54 18Section 54. 101.952 (title) of the statutes, as created by 1999 Wisconsin Act
199
, is amended to read:
AB807,28,20 20101.952 (title) Mobile Manufactured home salespersons regulated.
AB807, s. 55 21Section 55. 101.952 (1), (2) (a), (3), (5) and (6) of the statutes, as created by
221999 Wisconsin Act 9, are amended to read:
AB807,29,323 101.952 (1) No person may engage in the business of selling mobile
24manufactured homes to a consumer or to the retail market in this state without a
25license therefor from the department. If a mobile manufactured home dealer acts as

1a mobile manufactured home salesperson the dealer shall secure a mobile
2manufactured home salesperson's license in addition to the license for engaging as
3a mobile manufactured home dealer.
AB807,29,9 4(2) (a) Applications for a mobile manufactured home salesperson's license and
5renewals thereof shall be made to the department on such forms as the department
6prescribes and furnishes and shall be accompanied by the license fee required under
7par. (c) or (d). The application shall include the applicant's social security number.
8In addition, the application shall require such pertinent information as the
9department requires.
AB807,29,14 10(3) Every licensee shall carry his or her license when engaged in his or her
11business and display the same upon request. The license shall name his or her
12employer, and, in case of a change of employer, the mobile manufactured home
13salesperson shall immediately mail his or her license to the department, which shall
14endorse that change on the license without charge.
AB807,29,19 15(5) The provision of s. 218.01 (3) relating to the denial, suspension and
16revocation of a motor vehicle salesperson's license shall apply to the denial,
17suspension and revocation of a mobile manufactured home salesperson's license so
18far as applicable, except that such provision does not apply to the denial, suspension
19or revocation of a license under s. 101.02 (21) (b).
AB807,29,22 20(6) The provisions of s. 218.01 (3) (g) and (5) shall apply to this section, mobile
21manufactured home sales practices and the regulation of mobile manufactured home
22salespersons, as far as applicable.
AB807, s. 56 23Section 56. 101.953 (1) (intro.) and (a) to (d), (3) and (4) of the statutes, as
24created by 1999 Wisconsin Act 9, are amended to read:
AB807,30,7
1101.953 (1) (intro.) A one-year written warranty is required for every new
2mobile manufactured home sold, or leased to another, by a mobile manufactured
3home manufacturer, mobile manufactured home dealer or mobile manufactured
4home salesperson in this state, and for every new mobile manufactured home sold
5by any person who induces a resident of the state to enter into the transaction by
6personal solicitation in this state or by mail or telephone solicitation directed to the
7particular consumer in this state. The warranty shall state all of the following:
AB807,30,118 (a) That the mobile manufactured home meets those standards prescribed by
9law or administrative rule of the department of administration or of the department
10of commerce, which are in effect at the time of the manufacture of the mobile
11manufactured home.
AB807,30,1412 (b) That the mobile manufactured home is free from defects in material and
13workmanship and is reasonably fit for human habitation if it receives reasonable
14care and maintenance as defined by rule of the department.
AB807,30,2515 (c) 1. That the mobile manufactured home manufacturer and mobile
16manufactured home dealer shall take corrective action for defects which become
17evident within one year from the delivery date and as to which the mobile
18manufactured home owner has given notice to the manufacturer or dealer not later
19than one year and 10 days after the delivery date and at the address set forth in the
20warranty; and that the mobile manufactured home manufacturer and mobile
21manufactured home dealer shall make the appropriate adjustments and repairs,
22within 30 days after notification of the defect, at the site of the mobile manufactured
23home without charge to the mobile manufactured home owner. If the mobile
24manufactured home dealer makes the adjustment, the mobile manufactured home
25manufacturer shall fully reimburse the dealer.
AB807,31,9
12. If a repair, replacement, substitution or alteration is made under the
2warranty and it is discovered, before or after expiration of the warranty period, that
3the repair, replacement, substitution or alteration has not restored the mobile
4manufactured home to the condition in which it was warranted except for reasonable
5wear and tear, such failure shall be considered a violation of the warranty and the
6mobile manufactured home shall be restored to the condition in which it was
7warranted to be at the time of the sale except for reasonable wear and tear, at no cost
8to the purchaser or the purchaser's assignee notwithstanding that the additional
9repair may occur after the expiration of the warranty period.
AB807,31,1210 (d) That if during any period of time after notification of a defect the mobile
11manufactured home is uninhabitable, as defined by rule of the department, that
12period of time shall not be considered part of the one-year warranty period.
AB807,31,20 13(3) The warranty required under this section shall apply to the manufacturer
14of the mobile manufactured home as well as to the mobile manufactured home dealer
15who sells or leases the mobile manufactured home to the consumer, and shall be in
16addition to any other rights and privileges that the consumer may have under any
17instrument or law. The waiver of any remedies under any law and the waiver,
18exclusion, modification or limitation of any warranty, express or implied, including
19the implied warranty of merchantability and fitness for a particular purpose, is
20expressly prohibited. Any such waiver is void.
AB807,32,2 21(4) The transfer of a mobile manufactured home from one mobile manufactured
22home owner to another during the effective period of the warranty does not terminate
23the warranty, and subsequent mobile manufactured home owners shall be entitled
24to the full protection of the warranty for the duration of the warranty period as if the

1original mobile manufactured home owner had not transferred the mobile
2manufactured home.
AB807, s. 57 3Section 57. 101.954 of the statutes, as created by 1999 Wisconsin Act 9, is
4amended to read:
AB807,32,9 5101.954 Sale or lease of used mobile manufactured homes. In the sale
6or lease of any used mobile manufactured home, the sales invoice or lease agreement
7shall contain the point of manufacture of the used mobile manufactured home, the
8name of the manufacturer and the name and address of the previous mobile home
9owner of the manufactured home.
AB807, s. 58 10Section 58. 101.955 (1) of the statutes, as created by 1999 Wisconsin Act 9, is
11amended to read:
AB807,32,1712 101.955 (1) The importation of a mobile manufactured home for sale in this
13state by an out-of-state manufacturer is considered an irrevocable appointment by
14that manufacturer of the department of financial institutions to be that
15manufacturer's true and lawful attorney upon whom may be served all legal
16processes in any action or proceeding against such manufacturer arising out of the
17importation of such mobile manufactured home into this state.
AB807, s. 59 18Section 59. 101.96 of the statutes is repealed.
AB807, s. 60 19Section 60. 101.965 (3) of the statutes, as created by 1999 Wisconsin Act 9, is
20amended to read:
AB807,33,321 101.965 (3) Nothing in this subchapter prohibits the bringing of a civil action
22against a mobile manufactured home manufacturer, mobile manufactured home
23dealer or mobile manufactured home salesperson by an aggrieved consumer. If
24judgment is rendered for the consumer based on an act or omission by the mobile
25manufactured home manufacturer, mobile manufactured home dealer or mobile

1manufactured home salesperson, which constituted a violation of this subchapter,
2the plaintiff shall recover actual and proper attorney fees in addition to costs
3otherwise recoverable.
AB807, s. 61 4Section 61. 138.056 (1) (b) of the statutes, as affected by 1999 Wisconsin Act
59
, is amended to read:
AB807,33,76 138.056 (1) (b) "Dwelling" includes a cooperative housing unit and a mobile
7home, as defined in s. 101.91 (2e).
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