Wisconsin Legislature: AB1085,5,19

1. The bill establishes the definition of "mobile home" that is used in the
subchapter of the statutes regulating the mobile and manufactured housing
industry as the general definition of "mobile home" in the statutes. Thus, under the
bill, a mobile home generally means a vehicle manufactured or assembled before
June 15, 1976, that has an overall length of more than 45 feet, that is designed to be
towed as a single unit or in sections on a highway by a motor vehicle, that has walls
of rigid noncollapsible construction, and that is equipped and used, or intended to be
used, primarily for human habitation. Under the bill, "mobile home" includes the
mobile home structure, its plumbing, heating, air conditioning, and electrical
systems, and all appliances and all other equipment carrying a manufacturer's
warranty.

2. The bill establishes the definition of "manufactured home" that is used in the
subchapter of the statutes regulating the mobile and manufactured housing
industry as the general definition of "manufactured home" in the statutes. Thus,
under the bill, a manufactured home generally means either a mobile home or a
structure designed to be used as a dwelling, either with or without a permanent
foundation, that complies with the federal standards established for manufactured
homes.

In addition, the bill makes the use of these terms more consistent with their
definitions by doing the following:

1. The bill inserts references to "manufactured home" in certain places in
current law that refer only to "mobile home" if the use of mobile home under current
law is general and meant to include manufactured homes. The bill also inserts
references to "manufactured home" in the statutes governing the treatment, for
property and other tax purposes, of mobile and manufactured homes as either
improvements to real property or as personal property.

2. The bill changes references to "mobile home" to be references to
"manufactured home" in certain statutes that pertain only to structures that are
newly constructed, since under federal law only manufactured homes are now being
constructed.

3. The bill changes references to "manufactured buildings" to be references to
"modular homes." Under current law, such buildings are those that are intended for
use as a dwelling, are of closed construction, and are fabricated or assembled in
manufacturing facilities for installation at the building site or they are of open
construction and are made or assembled in manufacturing facilities away from the
building site for installation on the building site for which certification is sought by
the manufacturer.

Monthly fees

Current law requires each city, town, or village (municipality) in which a mobile
home park is located to collect from each mobile home occupying space in the park
a monthly parking permit fee. The fee is calculated based on the value of the home
multiplied by the general property gross tax rate, less certain credits. The total is
divided by 12 to represent the monthly mobile home parking permit fee. Current law
provides that the municipality may require the mobile home park operator to collect
the fee from the mobile home owner.

The bill also replaces the term "parking" wherever it appears in the phrase
"monthly parking permit fee" in the statutes with the term "municipal," so that the
fee is called a "monthly municipal permit fee."

Regulation of recreational vehicles

The bill makes minor modifications to the definition of "recreational vehicle,"
and generally clarifies the applicability of certain vehicle regulations to recreational
vehicles. The bill also uses the term "recreational vehicle" in place of "mobile home"
where "mobile home" is used to refer to temporary living quarters.

Regulation of manufactured home communities

Under current law manufactured home communities and mobile home parks
are regulated by the Department of Commerce (commerce) and by the municipality
in which the community or park is located. Generally, under current law, the terms
"manufactured home community" and "mobile home park" are used in the statutes
to describe similar places.

For purposes of regulation by Commerce, current law provides that a
manufactured home community is any plot of ground upon which three or more
manufactured homes that are occupied for dwelling or sleeping purposes are located.
For purposes of regulation by the local municipality, current law provides that a
mobile home park means any plot of ground upon which two or more units, occupied
for dwelling or sleeping purposes are located. Consistent with regulation by
Commerce, this bill increases from two to three the number of mobile or
manufactured homes that must be located on a plot of ground before the ground is
subject to regulation by the municipality in which the ground is located.

This bill also replaces the term "park" with "community" throughout the
statutes where the term is used in reference to mobile home or manufactured home
parks.

Sewer and water service to manufactured housing communities

This bill prohibits any public utility that provides metered water service to a
manufactured home community as a whole via a single master meter from charging
a fee for water lost in distribution between the master meter and the unit meters,
except to the extent that the loss exceeds the public utility's system-wide rate of loss.

The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:

AB1085, s. 1 1Section 1. 30.40 (6) of the statutes is amended to read:

AB1085,5,52 30.40 (6) "Mobile home" means a prefabricated unit with walls of rigid
3construction that is designed to be towed as a single unit or in sections upon a
4highway by a motor vehicle and that is used or is intended to be used for human
5habitation has the meaning given in s. 101.91 (10).

AB1085, s. 2 6Section 2. 45.71 (12) (intro.) of the statutes is amended to read:

AB1085,5,97 45.71 (12) (intro.) "Manufactured home" means a structure, as defined by the
8Federal Home Loan Mortgage Corporation manufactured home, as defined in s.
9101.91 (2), which:

AB1085, s. 3 10Section 3. 49.47 (4) (b) 1. of the statutes is amended to read:

AB1085,5,1311 49.47 (4) (b) 1. A home and the land used and operated in connection therewith
12or in lieu thereof a manufactured home or mobile home, if the home or, manufactured
13home, or mobile home is used as the person's or his or her family's place of abode.

AB1085, s. 4 14Section 4. 59.69 (4) (d) of the statutes is amended to read:

AB1085,5,1615 59.69 (4) (d) Trailer camps, or tourist camps and, motels or both , and
16manufactured and mobile home parks communities.

AB1085, s. 5 17Section 5. 66.0435 (title) of the statutes is amended to read:

AB1085,5,19 1866.0435 (title) Mobile Manufactured and mobile home parks
19communities.

AB1085, s. 6

1Section 6. 66.0435 (1) (a) of the statutes is repealed.

AB1085, s. 7 2Section 7. 66.0435 (1) (b) and (c) of the statutes are amended to read:

AB1085,6,43 66.0435 (1) (b) "Licensee" means any person licensed to operate and maintain
4a manufactured and mobile home park community under this section.

AB1085,6,65 (c) "Licensing authority" means the city, town or village wherein a
6manufactured and mobile home park community is located.

AB1085, s. 8 7Section 8. 66.0435 (1) (cm) of the statutes is created to read:

AB1085,6,88 66.0435 (1) (cm) "Manufactured home" has the meaning given in s. 101.91 (2).

AB1085, s. 9 9Section 9. 66.0435 (1) (d) and (e) of the statutes are amended to read:

AB1085,6,1410 66.0435 (1) (d) "Mobile home" is that which is, or was as originally constructed,
11designed to be transported by any motor vehicle upon a public highway and designed,
12equipped and used primarily for sleeping, eating and living quarters, or is intended
13to be so used; and includes any additions, attachments, annexes, foundations and
14appurtenances has the meaning given in s. 101.91 (10).

AB1085,6,1815 (e) "Mobile Manufactured and mobile home park community" means any plot
16or plots of ground upon which 2 3 or more units manufactured homes or mobile
17homes, occupied for dwelling or sleeping purposes, are located, regardless of whether
18a charge is made for the accommodation.

AB1085, s. 10 19Section 10. 66.0435 (1) (f) of the statutes is repealed.

AB1085, s. 11 20Section 11. 66.0435 (1) (g) of the statutes is renumbered 66.0435 (1) (am) and
21amended to read:

AB1085,6,2322 66.0435 (1) (am) "Park Community" means a manufactured and mobile home
23park community.

AB1085, s. 12 24Section 12. 66.0435 (1) (i) and (j) of the statutes are amended to read:

AB1085,7,3

166.0435 (1) (i) "Space" means a plot of ground within a manufactured and
2mobile home park community, designed for the accommodation of one manufactured
3or mobile home unit.

AB1085,7,44 (j) "Unit" means a single manufactured or mobile home unit.

AB1085, s. 13 5Section 13. 66.0435 (2) (a) of the statutes is amended to read:

AB1085,7,86 66.0435 (2) (a) It is unlawful for any person to maintain or operate a mobile
7home park community within the limits of a city, town or village, unless the person
8has received a license from the city, town or village.

AB1085, s. 14 9Section 14. 66.0435 (2) (b) of the statutes is amended to read:

AB1085,7,1410 66.0435 (2) (b) In order to protect and promote the public health, morals and
11welfare and to equitably defray the cost of municipal and educational services
12required by persons and families using or occupying trailers, mobile homes, trailer
13camps or mobile home parks communities for living, dwelling or sleeping purposes,
14a city council, village board and town board may do any of the following:

AB1085,7,1715 1. Establish and enforce by ordinance reasonable standards and regulations
16for every trailer and trailer camp and every mobile home and mobile home park
17community.

AB1085,7,2118 2. Require an annual license fee to operate a trailer and trailer camp or mobile
19home and mobile home park community and levy and collect special assessments to
20defray the cost of municipal and educational services furnished to the trailer and
21trailer camp, or mobile home and mobile home park a community.

AB1085,7,2322 3. Limit the number of units, trailers or mobile homes that may be parked or
23kept located in any one camp or park community.

AB1085,8,324 4. Limit the number of licenses for trailer camps or parks communities in any
25common school district, if the mobile housing development of a community would

1cause the school costs to increase above the state average or if an exceedingly difficult
2or impossible situation exists with regard to providing adequate and proper sewage
3disposal in the particular area.

AB1085, s. 15 4Section 15. 66.0435 (2) (c) of the statutes is amended to read:

AB1085,8,95 66.0435 (2) (c) In a town in which the town board enacts an ordinance
6regulating trailers manufactured and mobile homes under this section and has also
7enacted and approved a county zoning ordinance under the provisions of s. 59.69, the
8provisions of the ordinance which is most restrictive apply with respect to the
9establishment and operation of a trailer camp community in the town.

AB1085, s. 16 10Section 16. 66.0435 (2) (d) of the statutes is amended to read:

AB1085,8,2411 66.0435 (2) (d) A license granted under this section is subject to revocation or
12suspension for cause by the licensing authority that issued the license upon
13complaint filed with the clerk of the licensing authority, if the complaint is signed by
14a law enforcement officer, local health officer, as defined in s. 250.01 (5), or building
15inspector, after a public hearing upon the complaint. The holder of the license shall
16be given 10 days' written notice of the hearing, and is entitled to appear and be heard
17as to why the license should not be revoked. A holder of a license that is revoked or
18suspended by the licensing authority may within 20 days of the date of the revocation
19or suspension appeal the decision to the circuit court of the county in which the trailer
20camp or mobile home park community is located by filing a written notice of appeal
21with the clerk of the licensing authority, together with a bond executed to the
22licensing authority, in the sum of $500 with 2 sureties or a bonding company
23approved by the clerk, conditioned for the faithful prosecution of the appeal and the
24payment of costs adjudged against the license holder.

AB1085, s. 17 25Section 17. 66.0435 (3) (title) of the statutes is amended to read:

AB1085,9,2

166.0435 (3) (title) License and monthly mobile home monthly municipal permit
2fee; review.

AB1085, s. 18 3Section 18. 66.0435 (3) (a) of the statutes is amended to read:

AB1085,9,104 66.0435 (3) (a) The licensing authority shall collect from the licensee an annual
5license fee of not less than $25 nor more than $100 for each 50 spaces or fraction of
650 spaces within each mobile home park community within its limits. If the park
7community lies in more than one municipality the amount of the license fee shall be
8determined by multiplying the gross fee by a fraction the numerator of which is the
9number of spaces in the park community in a municipality and the denominator of
10which is the entire number of spaces in the park community.

AB1085, s. 19 11Section 19. 66.0435 (3) (c) 1. (intro.) of the statutes is amended to read:

AB1085,9,1812 66.0435 (3) (c) 1. (intro.) In addition to the license fee provided in pars. (a) and
13(b), each licensing authority shall collect from each mobile home unit occupying space
14or lots in a park community in the licensing authority, except from manufactured
15homes and mobile homes that constitute improvements to real property under s.
1670.043 (1) and from recreational mobile homes and camping trailers as defined in s.
1770.111 (19) 340.01 (6m), a monthly parking municipal permit fee computed as
18follows:

AB1085, s. 20 19Section 20. 66.0435 (3) (c) 1. a. of the statutes is amended to read:

AB1085,9,2220 66.0435 (3) (c) 1. a. On January 1, the assessor shall determine the total fair
21market value of each mobile home unit in the taxation district subject to the monthly
22parking municipal permit fee.

AB1085, s. 21 23Section 21. 66.0435 (3) (c) 1. c. of the statutes is amended to read:

AB1085,9,2524 66.0435 (3) (c) 1. c. The value of each mobile home unit, determined under subd.
251. b., shall be multiplied by the general property gross tax rate, less any credit rate

1for the property tax relief credit, established on the preceding year's assessment of
2general property.

AB1085, s. 22 3Section 22. 66.0435 (3) (c) 1. d. of the statutes is amended to read:

AB1085,10,64 66.0435 (3) (c) 1. d. The total annual parking permit fee, computed under subd.
51. c., shall be divided by 12 and shall represent the monthly mobile home parking
6municipal permit fee.

AB1085, s. 23 7Section 23. 66.0435 (3) (c) 2. of the statutes is amended to read:

AB1085,10,208 66.0435 (3) (c) 2. The monthly parking municipal permit fee is applicable to
9mobile homes units moving into the tax district any time during the year. The park
10community operator shall furnish information to the tax district clerk and the
11assessor on mobile homes units added to the park community within 5 days after
12their arrival, on forms prescribed by the department of revenue. As soon as the
13assessor receives the notice of an addition of a mobile home unit to a park community,
14the assessor shall determine its fair market value and notify the clerk of that
15determination. The clerk shall equate the fair market value established by the
16assessor and shall apply the appropriate tax rate, divide the annual parking permit
17fee thus determined by 12 and notify the mobile home unit owner of the monthly fee
18to be collected from the mobile home unit owner. Liability for payment of the fee
19begins on the first day of the next succeeding month and continues for the months
20in which the mobile home unit remains in the tax district.

AB1085, s. 24 21Section 24. 66.0435 (3) (c) 3. of the statutes is amended to read:

AB1085,10,2422 66.0435 (3) (c) 3. A new monthly parking municipal permit fee and a new
23valuation shall be established each January and shall continue for that calendar
24year.

AB1085, s. 25 25Section 25. 66.0435 (3) (c) 5. and 6. of the statutes are amended to read:

AB1085,11,4

166.0435 (3) (c) 5. The monthly parking municipal permit fee shall be paid by
2the mobile home unit owner to the local taxing authority on or before the 10th of the
3month following the month for which the parking monthly municipal permit fee is
4due.

AB1085,11,125 6. The licensee of a park community is liable for the monthly parking municipal
6permit fee for any mobile home unit occupying space in the park community as well
7as the owner and occupant of the mobile home occupying space each such unit, except
8that the licensee is not liable until the licensing authority has failed, in an action
9under ch. 799, to collect the fee from the owner and occupant of the unit. A
10municipality, by ordinance, may require the mobile home park community operator
11to collect the monthly parking municipal permit fee from the mobile home unit
12owner.

AB1085, s. 26 13Section 26. 66.0435 (3) (c) 7. of the statutes is repealed.

AB1085, s. 27 14Section 27. 66.0435 (3) (c) 8. of the statutes is amended to read:

AB1085,11,2415 66.0435 (3) (c) 8. The credit under s. 79.10 (9) (bm), as it applies to the principal
16dwelling on a parcel of taxable property, applies to the estimated fair market value
17of a mobile home unit that is the principal dwelling of the owner. The owner of the
18mobile home unit shall file a claim for the credit with the treasurer of the
19municipality in which the property is located. To obtain the credit under s. 79.10 (9)
20(bm), the owner shall attest on the claim that the mobile home unit is the owner's
21principal dwelling. The treasurer shall reduce the owner's parking monthly
22municipal permit fee by the amount of any allowable credit. The treasurer shall
23furnish notice of all claims for credits filed under this subdivision to the department
24of revenue as provided under s. 79.10 (1m).

AB1085, s. 28 25Section 28. 66.0435 (3) (c) 9. of the statutes is created to read:

AB1085,12,3

166.0435 (3) (c) 9. No monthly municipal permit fee may be imposed on a
2financial institution, as defined in s. 69.30 (1) (b), that relates to a vacant unit that
3has been repossessed by the financial institution.

AB1085, s. 29 4Section 29. 66.0435 (3) (d) to (f) of the statutes are amended to read:

AB1085,12,65 66.0435 (3) (d) This section does not apply to a mobile home park community
6that is owned and operated by any county under the provisions of s. 59.52 (16) (b).

AB1085,12,147 (e) If a mobile home unit is permitted by local ordinance to be located outside
8of a licensed park community, the monthly parking municipal permit fee shall be
9paid by the owner of the land on which it stands, and the owner of the land shall
10comply with the reporting requirements of par. (c). The owner of the land may collect
11the fee from the owner of the mobile home unit and, on or before January 10 and on
12or before July 10, shall transmit to the taxation district all fees owed for the 6 months
13ending on the last day of the month preceding the month when the transmission is
14required.

AB1085,12,1615 (f) Nothing in this subsection prohibits the regulation by local ordinance of a
16mobile home park community.

AB1085, s. 30 17Section 30. 66.0435 (3m) of the statutes is amended to read:

AB1085,12,2118 66.0435 (3m) Park Community operator reimbursement. A park community
19operator who is required by municipal ordinance to collect the collects a monthly
20parking municipal permit fee from the mobile home a unit owner may deduct, for
21administrative expenses, 2% 2 percent of the monthly fees collected.

AB1085, s. 31 22Section 31. 66.0435 (4) (intro.) of the statutes is amended to read:

AB1085,13,223 66.0435 (4) Application for license. (intro.) Original application for mobile
24home park a community license shall be filed with the clerk of the licensing authority.

1Applications shall be in writing, signed by the applicant and shall contain the
2following: