SB421: Bill Text

SB421,28,6 101.921 (1) (a) Except as provided in par. (b), if a mobile home dealer acquires a mobile home and holds it for resale or accepts a mobile home for sale on consignment, the mobile home dealer may not submit to the department the certificate of title or application for certificate of title naming the mobile home dealer as owner of the mobile home. Upon transferring the mobile home to another person, the mobile home dealer shall immediately give the transferee, on a form prescribed by the department, a receipt for all title, security interest and sales tax moneys paid to the mobile home dealer for transmittal to the department when required. The mobile home dealer shall promptly execute the assignment and warranty of title, showing the name and address of the transferee and of any secured party holding a security interest created or reserved at the time of the resale or sale on consignment, in the spaces provided therefor on the certificate or as the department prescribes. Within 7 business days following the sale or transfer, the mobile home dealer shall mail or deliver the certificate or application for certificate to the department with the transferee's application for a new certificate. A nonresident who purchases a mobile home from a mobile home dealer in this state may not, unless otherwise authorized by rule of the department, apply for a certificate of title issued for the mobile home in this state unless the mobile home dealer determines that a certificate of title is necessary to protect the interests of a secured party. The mobile home dealer is responsible for determining whether a certificate of title and perfection of security interest is required. The mobile home dealer is liable for any damages incurred by the department or any secured party for the mobile home dealer's failure to perfect a security interest which that the mobile home dealer had knowledge of at the time of sale.

Note: Replaces "which" with "that" to correct grammar.

SB421, s. 81 Section 81. 101.9211 (4) (b) 1. (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,28,12 101.9211 (4) (b) 1. (intro.) The department shall transfer the decedent's interest in any mobile home to his or her surviving spouse upon receipt of the title executed by the surviving spouse and a statement by the spouse which shall state that states all of the following:

Note: Replaces "which" with "that" and replaces the passive voice with active voice to correct grammar.

SB421, s. 82 Section 82. 101.9212 (3) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,28,17 101.9212 (3) The department shall retain for 5 years a record of every surrendered certificate of title, the record to be maintained so as to permit the tracing of title of for the mobile home designated therein.

Note: Replaces "of" with "for" in order to make terminology consistent throughout ch. 101.

SB421, s. 83 Section 83. 101.9213 (7) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,29,3 101.9213 (7) If a mobile home is subject to a security interest when brought into this state, s. 409.103 (1), (2) and (3) states the rules which that apply to determine the validity and perfection of the security interest in this state.

Note: Replaces "which" with "that" to correct grammar.

SB421, s. 84 Section 84. 101.9216 (1) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,29,16 101.9216 (1) Within one month, or within 10 days following written demand by the debtor, after there is no outstanding obligation and no commitment to make advances, incur obligations or otherwise give value, secured by the security interest in a mobile home under any security agreement between the owner and the secured party, the secured party shall execute and deliver to the owner, as the department prescribes, a release of the security interest in the form and manner prescribed by the department and a notice to the owner stating in no less than 10-point boldface type the owner's obligation under sub. (2). If the secured party fails to execute and deliver the release and notice of the owner's obligation as required by this subsection, the secured party is liable to the owner for $25 and for any loss caused to the owner by the failure.

Note: Inserts commas to correct grammar.

SB421, s. 85 Section 85. 101.9217 (3) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,29,21 101.9217 (3) Any secured party who fails to disclose information under sub. (1) shall be liable for any loss caused to the owner thereby by the failure to disclose information.

Note: Inserts missing article. Inserts the specific reference for clarity.

SB421, s. 86 Section 86. 101.9218 of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,30,7 101.9218 Method of perfecting exclusive. The method provided in ss. 101.921 to 101.9218 of perfecting and giving notice of security interests subject to ss. 101.921 to 101.9218 is exclusive. Security interests subject to ss. 101.921 to 101.9218 are hereby exempted from the provisions of law which that otherwise require or relate to the filing of instruments creating or evidencing security interests.

Note: Replaces "which" with "that" to correct grammar.

SB421, s. 87 Section 87. 101.9219 (3) (b) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,31,3 101.9219 (3) (b) The applicant has filed with the department a bond in the form prescribed by the department and executed by the applicant, and either accompanied by the deposit of cash with the department or also executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount equal to 1.5 times the value of the mobile home as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the mobile home or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney fees, by reason of the issuance of the certificate of title of for the mobile home or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the mobile home. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of 5 years or prior thereto if, apart from this section, a nondistinctive certificate of title could then be issued for the mobile home, or if the currently valid certificate of title for the mobile home is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond.

Note: Replaces "of" with "for" in order to make terminology consistent throughout ch. 101.

SB421, s. 88 Section 88. 101.922 (4) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,31,7 101.922 (4) The department may seize and impound any certificate of title which that has been suspended or revoked.

Note: Replaces "which" with "that" to correct grammar.

SB421, s. 89 Section 89. 101.9221 (1) (a) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,31,11 101.9221 (1) (a) The person alleged to be the owner of the mobile home is not the owner.

Note: Inserts missing word.

SB421, s. 90 Section 90. 101.9222 (2) (b) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,31,15 101.9222 (2) (b) The department of commerce issues a certificate of title of for the mobile home under this chapter.

Note: Replaces "of" with "for" in order to make terminology consistent throughout ch. 101. Deletes unnecessary "of commerce"; "department" is defined in s. 101.01 (1m) as being the Department of Commerce.

SB421, s. 91 Section 91. 101.9222 (3) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,32,3 101.9222 (3) If the department is not satisfied that there are no undisclosed security interests, created before July 1, 2000, in a previously certificated mobile home, the department shall, unless the applicant fulfills the requirements of s. 101.9219 (3), issue a distinctive certificate of title of for the mobile home containing the legend "This mobile home may be subject to an undisclosed security interest" and any other information that the department prescribes.

Note: Replaces "of" with "for" in order to make terminology consistent throughout ch. 101.

SB421, s. 92 Section 92. 101.951 (6) (k) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,32,7 101.951 (6) (k) Having indulged in any unconscionable practice relating to said the business of selling mobile homes to a consumer or to the retail market.

Note: Inserts the specific reference for clarity.

SB421, s. 93 Section 93. 101.953 (1) (intro.) and (a) to (d) of the statutes, as created by 1999 Wisconsin Act 9, are amended to read:

SB421,32,16 101.953 (1) (intro.) A one-year written warranty is required for every new mobile home sold, or leased to another, by a mobile home manufacturer, mobile home dealer or mobile home salesperson in this state, and for every new mobile home sold by any person who induces a resident of the state to enter into the transaction by personal solicitation in this state or by mail or telephone solicitation directed to the particular consumer in this state. The warranty shall state contain all of the following:

SB421,32,20 (a) That A statement that the mobile home meets those standards prescribed by law or administrative rule of the department of administration or of the department of commerce, which that are in effect at the time of the manufacture of the mobile home.

SB421,32,23 (b) That A statement that the mobile home is free from defects in material and workmanship and is reasonably fit for human habitation if it receives reasonable care and maintenance as defined by rule of the department.

SB421,33,9 (c) 1. That A statement that the mobile home manufacturer and mobile home dealer shall take corrective action for defects which that become evident within one year from the delivery date and as to which the mobile home owner has given notice to the manufacturer or dealer not later than one year and 10 days after the delivery date and at the address set forth in the warranty; and that the mobile home manufacturer and mobile home dealer shall make the appropriate adjustments and repairs, within 30 days after notification of the defect, at the site of the mobile home without charge to the mobile home owner. If the mobile home dealer makes the adjustment, the mobile home manufacturer shall fully reimburse the dealer.

SB421,33,18 2. If a repair, replacement, substitution or alteration is made under the warranty and it is discovered, before or after expiration of the warranty period, a statement that the repair, replacement, substitution or alteration has not restored the mobile home to the condition in which it was warranted except for reasonable wear and tear, such failure shall be considered a violation of the warranty and the mobile home shall be restored to the condition in which it was warranted to be at the time of the sale except for reasonable wear and tear, at no cost to the purchaser or the purchaser's assignee notwithstanding that the additional repair may occur after the expiration of the warranty period.

SB421,33,21 (d) That A statement that if during any period of time after notification of a defect the mobile home is uninhabitable, as defined by rule of the department, that period of time shall not be considered part of the one-year warranty period.

Note: Corrects sentence agreement problem. Replaces "which" with "that" to correct grammar.

SB421, s. 94 Section 94. 101.965 (3) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,34,7 101.965 (3) Nothing in this subchapter prohibits the bringing of a civil action against a mobile home manufacturer, mobile home dealer or mobile home salesperson by an aggrieved consumer. If judgment is rendered for the consumer based on an act or omission by the mobile home manufacturer, mobile home dealer or mobile home salesperson, which that constituted a violation of this subchapter, the plaintiff shall recover actual and proper attorney fees in addition to costs otherwise recoverable.

Note: Replaces "which" with "that" to correct grammar.

SB421, s. 95 Section 95. 102.16 (2) (c) of the statutes is amended to read:

SB421,34,19 102.16 (2) (c) After a fee dispute is submitted to the department, the insurer or self-insured employer that is a party to the dispute shall provide to the department information on that fee and information on fees charged by other health service providers for comparable services. The insurer or self-insured employer shall obtain the information on comparable fees from a data base database that is certified by the department under par. (h). Except as provided in par. (e) 1., if the insurer or self-insured employer does not provide the information required under this paragraph, the department shall determine that the disputed fee is reasonable and order that it be paid. If the insurer or self-insured employer provides the information required under this paragraph, the department shall use that information to determine the reasonableness of the disputed fee.

Note: Corrects spelling.

SB421, s. 96 Section 96. 102.16 (2) (d) of the statutes, as affected by 1999 Wisconsin Act 14, is amended to read:

SB421,35,14 102.16 (2) (d) For fee disputes that are submitted to the department before July 1, 2002, the department shall analyze the information provided to the department under par. (c) according to the criteria provided in this paragraph to determine the reasonableness of the disputed fee. The department shall determine that a disputed fee is reasonable and order that the disputed fee be paid if that fee is at or below the mean fee for the health service procedure for which the disputed fee was charged, plus 1.5 standard deviations from that mean, as shown by data from a data base database that is certified by the department under par. (h). The department shall determine that a disputed fee is unreasonable and order that a reasonable fee be paid if the disputed fee is above the mean fee for the health service procedure for which the disputed fee was charged, plus 1.5 standard deviations from that mean, as shown by data from a data base database that is certified by the department under par. (h), unless the health service provider proves to the satisfaction of the department that a higher fee is justified because the service provided in the disputed case was more difficult or more complicated to provide than in the usual case.

Note: Corrects spelling.

SB421, s. 97 Section 97. 102.16 (2) (e) 1. and 2. of the statutes are amended to read:

SB421,35,23 102.16 (2) (e) 1. Subject to subd. 2., if an insurer or self-insured employer that disputes the reasonableness of a fee charged by a health service provider cannot provide information on fees charged by other health service providers for comparable services because the data base database to which the insurer or self-insured employer subscribes is not able to provide accurate information for the health service procedure at issue, the department may use any other information that the department considers to be reliable and relevant to the disputed fee to determine the reasonableness of the disputed fee.

SB421,36,3 2. Notwithstanding subd. 1., the department may use only a hospital radiology data base database that has been certified by the department under par. (h) to determine the reasonableness of a hospital fee for radiology services.

Note: Corrects spelling.

SB421, s. 98 Section 98. 102.16 (2) (h) of the statutes is amended to read:

SB421,36,13 102.16 (2) (h) The department shall promulgate rules establishing procedures and requirements for the fee dispute resolution process under this subsection, including rules specifying the standards that health service fee data bases databases must meet for certification under this paragraph. Using those standards, the department shall certify data bases databases of the health service fees that various health service providers charge. In certifying data bases databases under this paragraph, the department shall certify at least one data base database of hospital fees for radiology services, including diagnostic and interventional radiology, diagnostic ultrasound and nuclear medicine.

Note: Corrects spelling.

SB421, s. 99 Section 99. 103.92 (2) (b) 2m. of the statutes, as created by 1999 Wisconsin Act 9, is renumbered 103.92 (1) (b) 2m.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). There was no preexisting s. 103.92 (2) (b). The subject matter of this provision fits within s. 103.92 (1) (b).

SB421, s. 100 Section 100. 108.05 (1) (j) (intro.) of the statutes, as affected by 1999 Wisconsin Act 15, is amended to read:

SB421,37,9 108.05 (1) (j) (intro.) Each eligible employe shall be paid benefits for each week of total unemployment which that commences on or after January 3, 1999, and before April 2, 2000, at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4% of the employe's base period wages which that were paid during that quarter of the employe's base period in which the employe was paid the highest total wages, rounded down to the nearest whole dollar, except that if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employe and if that amount is more than the maximum amount shown in the following schedule, the employe's weekly benefit rate shall be the maximum amount shown in the following schedule and except that if the employe's benefits are exhausted during any week under s. 108.06 (1), the employe shall be paid the remaining amount of benefits payable to the employe in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (j) following]

Note: Replaces "which" with "that" to correct grammar.

SB421, s. 101 Section 101. 108.05 (1) (k) (intro.) and (L) (intro.) of the statutes, as created by 1999 Wisconsin Act 15, are amended to read:

SB421,38,2 108.05 (1) (k) (intro.) Each eligible employe shall be paid benefits for each week of total unemployment which that commences on or after April 2, 2000, and before October 1, 2000, at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4% of the employe's base period wages which that were paid during that quarter of the employe's base period in which the employe was paid the highest total wages, rounded down to the nearest whole dollar, except that if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employe and if that amount is more than the maximum amount shown in the following schedule, the employe's weekly benefit rate shall be the maximum amount shown in the following schedule and except that if the employe's benefits are exhausted during any week under s. 108.06 (1), the employe shall be paid the remaining amount of benefits payable to the employe in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (k) following]

SB421,38,15 (L) (intro.) Each eligible employe shall be paid benefits for each week of total unemployment which that commences on or after October 1, 2000, at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4% of the employe's base period wages which that were paid during that quarter of the employe's base period in which the employe was paid the highest total wages, rounded down to the nearest whole dollar, except that if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employe and if that amount is more than the maximum amount shown in the following schedule, the employe's weekly benefit rate shall be the maximum amount shown in the following schedule and except that if the employe's benefits are exhausted during any week under s. 108.06 (1), the employe shall be paid the remaining amount of benefits payable to the employe in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (L) following]

Note: Replaces "which" with "that" to correct grammar.

SB421, s. 102 Section 102. 115.28 (26) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,38,20 115.28 (26) Periodical and reference information data bases databases. Contract with one or more persons to provide statewide access, through the Internet, to periodical and reference information data bases databases.

Note: Corrects spelling.

SB421, s. 103 Section 103. 115.435 (1) (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,39,3 115.435 (1) (intro.) A school district that satisfies all of the following criteria may apply to the department by October 15 of each school year for a grant to supplement aid under s. 121.08.:

Note: Corrects punctuation.

SB421, s. 104 Section 104. 115.51 (4) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,39,8 115.51 (4) "Visually impaired" means loss of vision , or blindness, as described in the rule promulgated by the state superintendent to define "visual impairments" for the purposes of s. 115.76 (5) (a) 4.

Note: Inserts commas to correct grammar.

SB421, s. 105 Section 105. The treatment of 115.995 of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 19. Both treatments stand.

Note: There is no conflict of substance.

SB421, s. 106 Section 106. 115.995 (1) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,39,17 115.995 (1) From the appropriation under s. 20.255 (2) (cc), divide proportionally, based upon costs reported under s. 115.993, an annual payment of $250,000 among school districts whose enrollments in the previous school year were at least 15% limited-English speaking proficient pupils. Aid paid under this subsection does not reduce aid paid under sub. (2).

Note: Amends terminology consistent with the amendment of s. 115.995 by 1999 Wis. Act 19.

SB421, s. 107 Section 107. 118.28 of the statutes is amended to read:

SB421,39,21 118.28 Community action agencies. The school board of a school district may appropriate funds for promoting and assisting any community action agency under s. 49.37, 1997 stats.

Note: Section 49.37 was repealed eff. 10-29-99 by 1999 Wis. Act 9.

SB421, s. 108 Section 108. The amendment of 118.30 (2) (b) 2. of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 19. Both treatments stand.