AB1085: Bill Text

AB1085,34,11 138.056 (1) (b) "Dwelling" includes a cooperative housing unit and a mobile home or manufactured home.

AB1085, s. 95 Section 95. 138.056 (1) (bd) of the statutes is created to read:

AB1085,34,13 138.056 (1) (bd) "Manufactured home" has the meaning given in s. 101.91 (2).

AB1085, s. 96 Section 96. 138.056 (1) (bm) of the statutes is amended to read:

AB1085,34,21 138.056 (1) (bm) "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 (10).

AB1085, s. 97 Section 97. 138.056 (1) (c) of the statutes is amended to read:

AB1085,35,2 138.056 (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.

AB1085, s. 98 Section 98. 138.056 (1) (d) of the statutes is amended to read:

AB1085,35,6 138.056 (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.

AB1085, s. 99 Section 99. 138.056 (3) (a) of the statutes, as affected by 2003 Wisconsin Act 257, is amended to read:

AB1085,35,15 138.056 (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, except as provided in s. 428.207, 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).

AB1085, s. 100 Section 100. 138.09 (7) (jm) 1. b. of the statutes is amended to read:

AB1085,35,20 138.09 (7) (jm) 1. b. The loan administration fee is charged for a consumer loan that is secured primarily by an interest in real property or, in a mobile home, as defined in s. 138.056 (1) (bm) 101.91 (10), or in a manufactured home, as defined in s. 101.91 (2).

AB1085, s. 101 Section 101. 214.485 (10) of the statutes is amended to read:

AB1085,35,22 214.485 (10) For the purpose of mobile home or manufactured home financing.

AB1085, s. 102 Section 102. 215.205 (1) of the statutes is amended to read:

AB1085,35,25 215.205 (1) Loans or obligations, or interests therein, for the purpose of mobile home or manufactured home financing.

AB1085, s. 103 Section 103. 218.10 (8m) of the statutes is amended to read:

AB1085,36,4 218.10 (8m) "Recreational vehicle" means a mobile home, as defined in s. 340.01 (29), that does not exceed the statutory size under s. 348.07 (2) has the meaning given in s. 340.01 (48r).

AB1085, s. 104 Section 104. 234.622 (7) of the statutes is amended to read:

AB1085,36,14 234.622 (7) "Qualifying dwelling unit" means a dwelling unit, not including a mobile home as defined in s. 66.0435 101.91 (10), 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 multiunit 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.

AB1085, s. 105 Section 105. 340.01 (18m) of the statutes is amended to read:

AB1085,36,19 340.01 (18m) "Fifth-wheel mobile home recreational vehicle" means a mobile home as defined in sub. (29) which recreational vehicle that is towed by a vehicle with a flatbed frame so the trailer hitch of the mobile home recreational vehicle is bolted to the flatbed frame of the towing vehicle.

AB1085, s. 106 Section 106. 340.01 (27k) of the statutes is created to read:

AB1085,36,21 340.01 (27k) "Modular home" has the meaning given in s. 101.71 (6).

AB1085, s. 107 Section 107. 340.01 (27m) of the statutes is created to read:

AB1085,36,23 340.01 (27m) "Manufactured home" has the meaning given in s. 101.91 (2).

AB1085, s. 108 Section 108. 340.01 (29) of the statutes is amended to read:

AB1085,37,4 340.01 (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 has the meaning given in s. 101.91 (10).

AB1085, s. 109 Section 109. 340.01 (48r) of the statutes is amended to read:

AB1085,37,10 340.01 (48r) "Recreational vehicle" means a mobile home that does not exceed the statutory size under s. 348.07 (2) vehicle that is designed to be towed upon a highway by a motor vehicle, that is equipped and used, or intended to be used, primarily for temporary or recreational human habitation, that has walls of rigid, uncollapsible construction, and that does not exceed 45 feet in length.

AB1085, s. 110 Section 110. 341.05 (26) (a) of the statutes is renumbered 341.05 (26).

AB1085, s. 111 Section 111. 341.05 (26) (b) of the statutes is repealed.

AB1085, s. 112 Section 112. 341.12 (1) of the statutes is amended to read:

AB1085,37,20 341.12 (1) The department upon registering a vehicle pursuant to s. 341.25 or 341.30 shall issue and deliver prepaid to the applicant 2 registration plates for an automobile, motor truck, motor bus, school bus, self-propelled recreational vehicle motor home, or dual purpose motor home and one plate for other vehicles. The department upon registering a vehicle pursuant to any other section shall issue one plate unless the department determines that 2 plates will better serve the interests of law enforcement.

AB1085, s. 113 Section 113. 343.055 (1) (d) of the statutes is amended to read:

AB1085,38,5 343.055 (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 recreational vehicle or single-unit recreational vehicle and the vehicle or combination, including both units of a combination towing vehicle and the 5th-wheel mobile home recreational vehicle or recreational vehicle, 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.

AB1085, s. 114 Section 114. 346.94 (8) of the statutes is amended to read:

AB1085,38,10 346.94 (8) Transporting persons in mobile homes, recreational vehicles, or boats. Except as provided in sub. (8m), no person may operate a motor vehicle towing any mobile home, recreational vehicle, or boat on a trailer upon a highway when any person is in such mobile home, recreational vehicle, or boat.

AB1085, s. 115 Section 115. 346.94 (8m) of the statutes is amended to read:

AB1085,38,17 346.94 (8m) Transporting persons in fifth-wheel mobile homes recreational vehicles. (a) No person may operate a motor vehicle towing a fifth-wheel mobile home recreational vehicle upon a highway when any person under the age of 12 years is in the fifth-wheel mobile home recreational vehicle unless one person 16 years of age or older is also in the fifth-wheel mobile home recreational vehicle.

AB1085,38,23 (b) No person may operate a motor vehicle towing a fifth-wheel mobile home recreational vehicle upon a highway with any person in such mobile home recreational vehicle unless the fifth-wheel mobile home recreational 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 recreational vehicle.

AB1085, s. 116 Section 116. 347.15 (2) of the statutes is amended to read:

AB1085,39,15 347.15 (2) Except as provided in sub. (1), there shall be at least 2 direction signal lamps showing to the front on motor vehicles and at least 2 showing to the rear on motor vehicles, mobile homes, recreational vehicles, trailers and semitrailers, so as to indicate intention to turn right or left. Lamps showing to the front shall be located on the same level and as widely spaced laterally as practicable and lamps showing to the rear shall be located on the same level and as widely spaced laterally as practicable. Such lamps shall project a flashing white or amber light visible to the front and a flashing red or amber light visible to the rear. Direction signal lamps when in use shall be plainly visible and understandable from all distances to 300 feet during normal sunlight. No direction signal lamp shall have any type of decorative covering that restricts the amount of light emitted when the direction signal lamp is in use. When actuated, such lamps shall indicate the intended direction of turning by flashing the lights showing to the front and rear on the side toward which the turn is made. This subsection does not apply to any type of decorative covering originally equipped on the vehicle at the time of manufacture and sale.

AB1085, s. 117 Section 117. 347.35 (4) of the statutes is amended to read:

AB1085,39,23 347.35 (4) Mobile homes and recreational vehicles. No person shall manufacture and no person shall sell a mobile home or recreational vehicle in this state unless such mobile home or recreational vehicle is equipped with brakes adequate to control the movement of and to stop and hold it. No person shall operate on a highway any mobile home registered as a 1940 or later year model or recreational vehicle unless such mobile home or recreational vehicle is equipped with brakes adequate to control the movement of and to stop and hold it.

AB1085, s. 118 Section 118. 347.45 (1) of the statutes is amended to read:

AB1085,40,10 347.45 (1) All automobiles, motor trucks, motor buses, truck tractors, trailers, semitrailers, recreational vehicles, and mobile homes when operated upon a highway shall be completely equipped with tires inflated with compressed air and all other motor vehicles when operated on a highway shall be equipped with tires of rubber or of some material or construction of equal resiliency. No person may operate on a highway any motor vehicle, trailer, semitrailer, recreational vehicle, or mobile home having any metal tire in contact with the roadway, except that tire chains of reasonable proportions may be used when required for safety because of snow, ice or other conditions tending to cause a vehicle to skid, and except as provided in sub. (2) (c).

AB1085, s. 119 Section 119. 347.47 (2) of the statutes is amended to read:

AB1085,41,2 347.47 (2) No person shall operate a motor vehicle drawing a trailer, semitrailer, recreational vehicle, or mobile home upon a highway unless the hitch and coupling attaching the trailer, semitrailer, recreational vehicle, or mobile home to the vehicle by which it is drawn is of such construction as to cause such trailer, semitrailer, recreational vehicle, or mobile home to follow in direct line with the propelling vehicle without dangerous side swing or wobble. The hitch and coupling, the surface to which they are attached, and the connections, shall be of sufficient strength to prevent failure under all conditions of operation. The hitch is that part of the connecting mechanism, including the coupling platform and its attaching members or weldments, which is attached to the towing vehicle. The coupling is that part of the connecting mechanism, including the coupling and its attaching members or weldments, which is attached to the trailer, recreational vehicle, or mobile home and by which connection is made to the hitch. If a device is used between the trailer proper and the coupling such as a pole, such device shall also meet the requirements of this section.

AB1085, s. 120 Section 120. 347.47 (4) of the statutes is amended to read:

AB1085,41,6 347.47 (4) Trailer, semitrailer, recreational vehicle, and mobile home couplings and the safety chains, leveling bars or cables shall be of such minimum strength, design and type as established by published rule of the department.

AB1085, s. 121 Section 121. 348.06 (1) of the statutes, as affected by 2005 Wisconsin Act 11, is amended to read:

AB1085,41,11 348.06 (1) Except as provided in subs. (2) and (2m), no person, without a permit therefor, may operate on a highway any motor vehicle, mobile home, recreational vehicle, trailer, or semitrailer having an overall height in excess of 13 1/2 feet.

AB1085, s. 122 Section 122. 348.07 (2) (c) of the statutes is amended to read:

AB1085,41,14 348.07 (2) (c) Forty five feet for mobile homes recreational vehicles, motor homes, and motor buses.

AB1085, s. 123 Section 123. 348.07 (3) (a) of the statutes is amended to read:

AB1085,41,17 348.07 (3) (a) The overall length of a mobile home or recreational vehicle shall be measured from the rear thereof to the rear of the vehicle to which it is attached.

AB1085, s. 124 Section 124. 348.10 (5) (intro.) of the statutes is amended to read:

AB1085,41,21 348.10 (5) (intro.) The load imposed upon trailers or, semitrailers, recreational vehicles, or mobile homes shall be distributed in a manner that will prevent side sway under all conditions of operation:

AB1085, s. 125 Section 125. 348.10 (5) (a) of the statutes is amended to read:

AB1085,42,2 348.10 (5) (a) All items of load carried by any trailer, semitrailer, recreational vehicle, or mobile home, except bulk material such as sand, gravel, dirt not in containers, shall be secured to, on or in the trailer, semitrailer, recreational vehicle, or mobile home in such manner as to prevent shifting of the load while the trailer, semitrailer, recreational vehicle, or mobile home is being drawn by a towing vehicle.

AB1085, s. 126 Section 126. 348.10 (5) (c) of the statutes is amended to read:

AB1085,42,7 348.10 (5) (c) The load carried by any trailer, semitrailer, recreational vehicle, or mobile home shall be so positioned that a weight of not less than 35 pounds is imposed at the center of the point of attachment to the towing vehicle when parked on a level surface.

AB1085, s. 127 Section 127. 348.26 (4) of the statutes is amended to read:

AB1085,42,13 348.26 (4) Mobile home, manufactured home, and modular home permits. Single trip permits for the movement of oversize mobile homes, manufactured homes, and modular homes may be issued only by the department, regardless of the highways to be used. Every such permit shall designate the route to be used by the permittee.

AB1085, s. 128 Section 128. 348.27 (7) of the statutes is amended to read:

AB1085,42,21 348.27 (7) Mobile home, manufactured home, and modular home permits. The department may issue annual or consecutive month statewide permits to licensed mobile home, manufactured home, or modular home transport companies and to licensed mobile home, manufactured home, or modular home manufacturers and dealers authorizing them to transport oversize mobile homes, manufactured homes, or modular homes over any of the highways of the state in the ordinary course of their business.

AB1085, s. 129 Section 129. 348.27 (7m) of the statutes, as affected by 2005 Wisconsin Act .... (Senate Bill 45), is amended to read:

AB1085,43,14 348.27 (7m) The department may issue an annual or consecutive month permit for the movement of a 3-vehicle combination consisting of a towing vehicle and, in order by weight, with the lighter of the towed vehicles as the 3rd vehicle in the 3-vehicle combination unless not structurally possible, a mobile home recreational vehicle or camping trailer, and a trailer for a personal recreational vehicle, if the overall length of the combination of vehicles does not exceed 60 feet and the towed vehicles are for the use of the operator of the towing vehicle. A permit under this subsection may be issued only by the department, regardless of the highways to be used. The department may designate the routes that may be used by the permittee. The fee for an annual permit under this subsection is $40. The fee for a consecutive month permit under this subsection shall be determined in the manner provided in s. 348.25 (8) (bm), except that the $40 fee for an annual permit under this subsection shall be used in the computation. No 3-vehicle combination may operate under this paragraph if highway or weather conditions include heavy snow, freezing rain, icy roads, high winds, limited visibility, or upon a highway that is closed or partially closed by the department due to highway conditions.

AB1085, s. 130 Section 130. 349.03 (2) of the statutes is amended to read:

AB1085,43,23 349.03 (2) No local authority may enact or enforce any traffic regulation providing for suspension or revocation of motor vehicle operator's licenses or requiring local registration of vehicles, except as authorized by s. 341.35, or in any manner excluding or prohibiting any motor vehicle, mobile home, vehicle transporting a manufactured home or modular home, recreational vehicle, trailer, or semitrailer whose owner has complied with chs. 341 to 348 from the free use of all highways, except as authorized by sub. (3) and ss. 66.0429 (1) and (3), 349.13, 349.17, 349.22 and 349.23.

AB1085, s. 131 Section 131. 422.201 (12m) of the statutes is amended to read:

AB1085,44,4 422.201 (12m) This section does not apply to consumer credit sales of or consumer loans secured by a first lien on or equivalent security interest in mobile homes or manufactured homes, as defined in s. 138.056 (1) (bm) 101.91, if the sales or loans are made on or after November 1, 1981.

AB1085, s. 132 Section 132. 422.202 (2) (intro.) of the statutes is amended to read:

AB1085,44,12 422.202 (2) (intro.) With respect to a consumer credit transaction which involves a mobile manufactured home transaction as defined in s. 138.056 (1) (c) or the extension of credit secured by an interest in real property, the parties may agree to the payment by the customer of the following charges in addition to the finance charge, if they will be paid to persons not related to the merchant, are reasonable in amount, bona fide and not for the purpose of circumvention or evasion of this subchapter:

AB1085, s. 133 Section 133. 422.209 (1m) (a) 2. of the statutes is amended to read:

AB1085,44,17 422.209 (1m) (a) 2. The loan administration fee is for a consumer loan that is secured primarily by an interest in real property or in a mobile home, as defined in s. 138.056 (1) (bm) 101.91 (10), or in a manufactured home, as defined in s. 101.91 (2).

AB1085, s. 134 Section 134. 422.209 (6m) of the statutes is amended to read:

AB1085,44,25 422.209 (6m) For purpose of this section, the finance charge in a mobile manufactured home transaction as defined in s. 138.056 (1) (c) does not include fees, discounts, or other sums actually imposed by the government national mortgage association, the federal national mortgage association, the federal home loan mortgage corporation or other governmentally sponsored secondary mortgage market purchaser of the loan or any private secondary mortgage market purchaser of the loan who is not a person related to the original lender.

AB1085, s. 135 Section 135. 422.402 (5) (intro.) of the statutes is amended to read:

AB1085,45,4 422.402 (5) (intro.) This section does not apply to a mobile manufactured home transaction as defined in s. 138.056 (1) (c) made on or after November 1, 1981, and before November 1, 1984, if:

AB1085, s. 136 Section 136. 422.402 (5) (b) of the statutes is amended to read:

AB1085,45,10 422.402 (5) (b) The unequal or irregular payment is the final scheduled payment of the transaction, and the merchant agrees to refinance the final scheduled payment at a rate of interest not in excess of the rate disclosed pursuant to subch. III of ch. 422 by more than one percent multiplied by the number of 6-month periods in the term of the immediately prior mobile manufactured home transaction.

AB1085, s. 137 Section 137. 422.413 (2g) (intro.) of the statutes is amended to read:

AB1085,45,18 422.413 (2g) (intro.) In any consumer credit transaction in which the collateral is a motor vehicle as defined in s. 340.01 (35), a trailer as defined in s. 340.01 (71), a snowmobile as defined in s. 340.01 (58a), a boat as defined in s. 30.50 (2), an aircraft as defined in s. 114.002 (3), or a mobile home or manufactured home as defined in s. 138.056 (1) (bm) 101.91, a writing evidencing the transaction may provide for the creditor's recovery of all of the following expenses, if the expenses are reasonable and bona fide:

AB1085, s. 138 Section 138. 424.301 (1) (b) 1. of the statutes is amended to read:

AB1085,45,21 424.301 (1) (b) 1. The actual cash value or stated value of any motor vehicle, manufactured home, or mobile home in which the creditor holds a security interest.

AB1085, s. 139 Section 139. 707.02 (4) of the statutes is amended to read: