This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
Note: The other subsections in s. 70.995 do not have titles.
AB878,38 7Section 38. 71.05 (13) (a) (title) of the statutes is repealed.
Note: The other paragraph in s. 71.05 (13) does not have a title.
AB878,39 8Section 39. 71.25 (9) (e) (title) and (f) (title) of the statutes are repealed.
Note: The other paragraphs in s. 71.25 (9) do not have titles.
AB878,40 9Section 40. 84.075 (3) of the statutes is amended to read:
AB878,11,1910 84.075 (3) The department shall at least semiannually, or more often if
11required by the department of administration, report to the department of
12administration the total amount of money it has paid to contractors, subcontractors,
13and vendors that are minority businesses and that are disabled veteran-owned
14businesses under ss. 84.01 (13), 84.06, and 84.07 and the number of contacts with
15minority businesses and disabled veteran-owned businesses in connection with
16proposed purchases and contracts. In its reports, the department shall include only
17amounts paid to businesses certified by the department of safety and professional
18services
administration as minority businesses or disabled veteran-owned
19businesses.
Note: Inserts correct agency. Under ss. 16.283 (3) and 16.287 (2), the Department
of Administration certifies disabled veteran-owned businesses and minority businesses.
AB878,41
1Section 41. 108.02 (13) (k) of the statutes, as affected by 2019 Wisconsin Act
29
, is amended to read:
AB878,12,83 108.02 (13) (k) “Employer" does not include a county department, an aging
4unit, or, under s. 46.2785, a private agency that serves as a fiscal agent or contracts
5with a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i), 46.272 (7)
6(e), or 47.035 as to any individual performing services for a person receiving
7long-term support services under s. 46.272 (7) (b), 46.275, 46.277, 46.278, 46.2785,
846.286, 46.495, 51.42, or 51.437 or personal assistance services under s. 47.02 (6) (c).
Note: Removes extraneous cross-reference. 2019 Wis. Act 9 repealed s. 46.27.
AB878,42 9Section 42. 139.75 (4) (c) of the statutes, as affected by 2019 Wisconsin Act 9,
10is amended to read:
AB878,12,1311 139.75 (4) (c) Any person engaged in the business of selling tobacco products
12or vapor products outside this state who ships or transports tobacco products or
13vapor products
to retailers in this state to be sold by those retailers.
Note: Inserts missing phrase. 2019 Wis. Act 9 added the phrase “or vapor
products” after “tobacco products” throughout subch. III of ch. 139 but did not add the
phrase after the second instance of “tobacco products” in s. 139.75 (4) (c). Drafting records
indicate that the change was intended.
AB878,43 14Section 43. 146.343 (1) (intro.) and (a) of the statutes are consolidated,
15renumbered 146.343 (1) and amended to read:
AB878,12,1716 146.343 (1) In this section: (a) “Hospital", “hospital” has the meaning given in
17s. 50.33 (2).
Note: Removes extraneous definitions. Section 146.343 (1) (b), (c), and (d) provide
definitions of “nurse,” “nurse-midwife,” and “physician” in s. 146.343, but these terms do
not otherwise appear in s. 146.343.
AB878,44 18Section 44. 146.343 (1) (b), (c) and (d) of the statutes are repealed.
Note: Removes extraneous definitions. Section 146.343 (1) (b), (c), and (d) provide
definitions of “nurse,” “nurse-midwife,” and “physician” in s. 146.343, but these terms do
not otherwise appear in s. 146.343.
AB878,45 19Section 45. 167.33 (3) (am) (title) of the statutes is created to read:
AB878,13,1
1167.33 (3) (am) (title) Exemption.
Note: The other paragraphs in s. 167.33 (3) have titles.
AB878,46 2Section 46 . 180.1604 (1) of the statutes is amended to read:
AB878,13,83 180.1604 (1) If a corporation does not within a reasonable time allow a
4shareholder to inspect and copy any record described in s. 180.1602 (1) (1m) or (2),
5the shareholder who complies with s. 180.1602 (1m) or (2), as applicable, may apply
6to the circuit court for the county where the corporation's principal office or, if none
7in this state, its registered office is located for an order to permit inspection and
8copying of the records demanded. 
Note: Inserts correct cross-reference. 1995 Wis. Act 400 renumbered s. 180.1602
(1) to s. 180.1602 (1m) and failed to change the first cross-reference in this subsection to
s. 180.1602 (1m).
AB878,47 9Section 47. 196.491 (3m) (a) (intro.) of the statutes is amended to read:
AB878,13,1310 196.491 (3m) (a) Commission approval required. (intro.) Except as provided
11in par. (e) 1., an affiliated interest of a public utility may not own, control or operate
12a wholesale merchant plant without the approval of the commission. The
13commission shall grant its approval only if each of the following is satisfied:
Note: Fixes cross-reference to accommodate the renumbering of s. 196.491 (3m)
(e) 1. to s. 196.491 (3m) (e) in this bill. See Section 51 of this bill.
AB878,48 14Section 48. 196.491 (3m) (c) 1. (intro.) and a. of the statutes are consolidated,
15renumbered 196.491 (3m) (c) 1. and amended to read:
AB878,13,1816 196.491 (3m) (c) 1. In this paragraph: a. “Electric, “electric sale" means a sale
17of electricity that is generated at a wholesale merchant plant that is owned, operated,
18or controlled by an affiliated interest.
Note: Corrects statutory numbering to accommodate the repeal of s. 196.491 (3m)
(c) 1. b. in this bill. Adds comma consistent with current style. See the following Section
of this bill.
AB878,49 19Section 49. 196.491 (3m) (c) 1. b. of the statutes is repealed.
Note: Removes extraneous definition. Section 196.491 (3m) (c) 1. b. provides a
definition of “firm sale” in s. 196.491 (3m) (c), but that term does not otherwise appear

in s. 196.491 (3m) (c) as a result of the repeal of s. 196.491 (3m) (c) 3. by 2019 Wis. Act.
9 and the repeal of s. 196.491 (3m) (e) 2. by this bill. See the previous Section and Section
52 of this bill.
AB878,50 1Section 50. 196.491 (3m) (e) (title) of the statutes is repealed and recreated
2to read:
AB878,14,33 196.491 (3m) (e) (title) Exemption.
Note: Changes the title of this paragraph from plural to singular to accommodate
the repeal of s. 196.491 (3m) (e) 2. in this bill. See Section 52 of this bill.
AB878,51 4Section 51 . 196.491 (3m) (e) 1. of the statutes is renumbered 196.491 (3m) (e).
Note: Corrects statutory numbering to accommodate the repeal of s. 196.491 (3m)
(e) 2. in this bill. See Section 52 of this bill.
AB878,52 5Section 52 . 196.491 (3m) (e) 2. of the statutes is repealed.
Note: Removes extraneous language. This subdivision provides an exemption to
the requirement under s. 196.491 (3m) (c) 3., which was repealed by 2019 Wis. Act. 9. See
also Section 51 of this bill.
AB878,53 6Section 53. 196.795 (6m) (c) of the statutes is amended to read:
AB878,14,127 196.795 (6m) (c) Wholesale merchant plants. The assets of a wholesale
8merchant plant shall not be included in the sum of the assets of a public utility
9affiliate under par. (b) 1. a., b., or c. and shall not be included in a nonutility affiliate's
10total assets under par. (b) 2. a. if the requirements specified in s. 196.491 (3m) (a) 1.
11and 2. are satisfied or if the wholesale merchant plant qualifies for the exemption
12under s. 196.491 (3m) (e) 1.
Note: Fixes cross-reference to accommodate the renumbering of s. 196.491 (3m)
(e) 1. to s. 196.491 (3m) (e) in this bill. Adds comma consistent with current style. See
Section 51 of this bill.
AB878,54 13Section 54. 218.05 (15) (title) of the statutes is created to read:
AB878,14,1414 218.05 (15) (title) Penalty.
Note: The other subsections in s. 218.05 have titles.
AB878,55 15Section 55. 218.22 (4) (title) of the statutes is repealed.
Note: The other subsections in s. 218.22 do not have titles.
AB878,56
1Section 56. 234.907 (2) (cm) of the statutes, as affected by 2019 Wisconsin Act
262
, is amended to read:
AB878,15,73 234.907 (2) (cm) The total guarantee amount of all loans to the borrower that
4are guaranteed under this section and that are made for working capital or an item
5necessary to, or used to, commercially harvest whitefish from Lake Superior will not
6exceed $100,000. This subsection paragraph does not apply to a loan guaranteed
7under sub. (4).
Note: Inserts correct cross-reference.
AB878,57 8Section 57. 250.20 (1) (j) of the statutes is amended to read:
AB878,15,119 250.20 (1) (j) “Poverty line" means the nonfarm federal poverty line for the
10continental United States, as defined by the federal department of labor under in 42
11USC 9902
(2).
Note: Removes reference to the U.S. Department of Labor. Since the enactment
of P.L. 97-35 in 1981, the Omnibus Budget Reconciliation Act of 1981, the federal poverty
line has been defined at 42 USC 9902 (2). 42 USC 9902 (2) establishes a process for
determining the federal poverty line that does not involve any action by the U.S.
Department of Labor.
AB878,58 12Section 58. 255.06 (1) (e) of the statutes is amended to read:
AB878,15,1513 255.06 (1) (e) “Poverty line" means the nonfarm federal poverty line for the
14continental United States, as defined by the federal department of labor under in 42
15USC 9902
(2).
Note: Removes reference to the U.S. Department of Labor. Since the enactment
of P.L. 97-35 in 1981, the Omnibus Budget Reconciliation Act of 1981, the federal poverty
line has been defined at 42 USC 9902 (2). 42 USC 9902 (2) establishes a process for
determining the federal poverty line that does not involve any action by the U.S.
Department of Labor.
AB878,59 16Section 59 . 301.19 (4) of the statutes, as created by 2019 Wisconsin Act 8, is
17amended to read:
AB878,16,318 301.19 (4) Unless the governor has declared a state of emergency under s.
19323.10, the department of corrections may not expand the capacity of, or

1substantially modify the structure or physical security of, a juvenile correctional
2facility established under s. 301.16 (1w) without prior approval by the governing
3body of the city, village, or town in which the juvenile correctional facility is located.
Note: Section 301.01 (1) defines “department” for all of ch. 301 to mean “the
department of corrections.” This change strikes unnecessary words to consistently use
the defined term.
AB878,60 4Section 60. 341.14 (8v) (title) and (8w) (title) of the statutes are repealed.
Note: The other subsections in s. 341.14 do not have titles.
AB878,61 5Section 61. 343.301 (3) (b) of the statutes is amended to read:
AB878,16,126 343.301 (3) (b) If the court finds that the person who is subject to an order under
7sub. (1g) has a household income that is at or below 150 percent of the nonfarm
8federal poverty line for the continental United States, as defined by the federal
9department of labor under
in 42 USC 9902 (2), the court shall limit the person's
10liability under par. (a) to one-half of the cost of equipping each motor vehicle with
11an ignition interlock device and one-half of the cost per day per vehicle of
12maintaining the ignition interlock device.
Note: Removes reference to the U.S. Department of Labor. Since the enactment
of P.L. 97-35 in 1981, the Omnibus Budget Reconciliation Act of 1981, the federal poverty
line has been defined at 42 USC 9902 (2). 42 USC 9902 (2) establishes a process for
determining the federal poverty line that does not involve any action by the U.S.
Department of Labor.
AB878,62 13Section 62. 345.05 (1) (c) of the statutes is amended to read:
AB878,16,1714 345.05 (1) (c) “Municipality" means any county, city, village, town, school
15district as enumerated in s. 67.01 (5), sewer district, drainage district, commission
16formed by a contract under s. 66.0301 (2), and, without restriction because of failure
17of enumeration, any other political subdivision of the state.
Note: Strikes unnecessary phrase. 1985 Wis. Act 225 removed the enumeration
of types of school districts in s. 67.01 (5), making the phrase “as enumerated in s. 67.01
(5)” unnecessary.
AB878,63 18Section 63. 440.032 (1) (d) of the statutes is repealed.

Note: Removes extraneous definition. Section 440.032 (1) (d) provides a definition
of “Wisconsin interpreting and transliterating assessment” in s. 440.032, but that term
does not otherwise appear in s. 440.032.
AB878,64 1Section 64. 440.032 (3m) of the statutes, as created by 2019 Wisconsin Act 17,
2is amended to read:
AB878,17,63 440.032 (3m) Exam administration in Wisconsin. The department of health
4services shall administer in this state the performance examinations of the Board for
5Evaluation of Interpreters or its successor, unless the department of safety and
6professional services
approves another administrator of the examinations.
Note: Inserts the full name of the intended department to avoid ambiguity.
AB878,65 7Section 65. 632.866 (3) (b) (intro.) of the statutes, as created by 2019 Wisconsin
8Act 12
, is amended to read:
AB878,17,139 632.866 (3) (b) (intro.) An insurer, pharmacy benefit manager, or utilization
10review organization shall grant an exception to the step therapy protocol if the
11prescribing provider submits complete, clinically relevant written documentation
12supporting a step therapy protocol exception request and any of the following are
13satisfied:
Note: Inserts missing word. The term “step therapy protocol” is defined in s.
632.866 (1) (e). “Protocol” is inserted after “step therapy” so that the defined term is used
consistently in the section.
AB878,66 14Section 66. 632.866 (3) (f) of the statutes, as created by 2019 Wisconsin Act
1512
, is amended to read:
AB878,18,816 632.866 (3) (f) An insurer, pharmacy benefit manager, or utilization review
17organization shall grant or deny a request for any exception to the step therapy
18protocol within 3 business days of receipt of the complete, clinically relevant written
19documentation required under par. (b) to support a step therapy protocol exception
20request under par. (b) or the receipt of a request to appeal a previous decision that
21includes the complete, clinically relevant written documentation supporting a step

1therapy protocol exception request. In exigent circumstances, an insurer, pharmacy
2benefit manager, or utilization review organization shall grant or deny a request for
3an exception to the step therapy protocol by the end of the next business day after
4receipt of the complete, clinically relevant written documentation supporting a step
5therapy protocol exception request under par. (b). If the insurer, pharmacy benefit
6manager, or utilization review organization does not grant or deny a request or an
7appeal under the time specified under this paragraph, the exception is considered
8granted.
Note: Inserts missing word in three locations. The term “step therapy protocol”
is defined in s. 632.866 (1) (e). “Protocol” is inserted after “step therapy” so that the
defined term is used consistently in the section.
AB878,67 9Section 67. 938.31 (5) (title) of the statutes is created to read:
AB878,18,1010 938.31 (5) (title) Indian juveniles.
Note: The other subsections in s. 938.31 have titles.
AB878,68 11Section 68 . 990.01 (21m) of the statutes, as affected by 2019 Wisconsin Act 50,
12is amended to read:
AB878,18,1413 990.01 (21m) Motorcycle. “Motorcycle" is a motor vehicle as defined has the
14meaning given
in s. 340.01 (32).
Note: Section 340.01 (32) defines the term “motorcycle,” not “motor vehicle.” This
Section clarifies that the term “motorcycle” in s. 990.01 (21m), as renumbered from s.
990.01 (43m) by 2019 Wis. Act 50, eff. 5-1-20, has the same meaning as in s. 340.01 (32).
AB878,69 15Section 69 . 2019 Wisconsin Act 8, section 33 is amended by replacing “938.34
16(4m) (intro.) of the statutes, as affected by 2017 Wisconsin Act 185, section 62, is
17repealed and recreated to read:" with “938.34 (4m) (intro.) of the statutes, as affected
18by 2017 Wisconsin Act 185, section 62, and 2019 Wisconsin Act .... (this act), is
19repealed and recreated to read:".
Note: Section 938.34 (4m) (intro.) was also affected by 2019 Wis. Act 8.
AB878,70
1Section 70. 2019 Wisconsin Act 8, section 55 is amended by replacing “or
2938.357 (3) or (4)” with “or 938.357 (3) or (4)”.
Note: The “(3) or” was erroneously underscored. The underscored language was
current law. No change was intended.
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