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 b. of the statutes is repealed.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AB878,50 1Section 50. 196.491 (3m) (e) (title) of the statutes is repealed and recreated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 of the statutes is repealed.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).