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SB268-SA2,134,15 1518. Page 19, line 15: after that line insert:
SB268-SA2,134,16 16 Section 41b. 139.11 (4) (a) 2. of the statutes is amended to read:
SB268-SA2,134,2217 139.11 (4) (a) 2. A current list, available on paper and on the department's
18Internet site, providing detailed information regarding every person issued a
19wholesalers permit under s. 125.28, brewers permit under s. 125.29, brewpub permit
20under s. 125.295, or out-of-state shippers permit under s. 125.30. The information
21provided under this subdivision shall include the name and address of the permit
22holder and the date on which the department division issued the permit.
SB268-SA2,41c 23Section 41c. 139.11 (4) (b) 2. of the statutes is amended to read:
SB268-SA2,135,8
1139.11 (4) (b) 2. A current and regularly updated list, made available on paper
2and on the department's Internet website, of permit holders that minimally includes
3detailed information on the name, address, contact person, and date of permit
4issuance for every common carrier permit issued under s. 125.22, fulfillment house
5permit issued under s. 125.23,
manufacturer's and rectifier's permit issued under s.
6125.52, winery permit issued under s. 125.53, direct wine shipper's permit issued
7under s. 125.535, wholesaler's permit issued under s. 125.54, and out-of-state
8shipper's permit issued under s. 125.58.
SB268-SA2,41d 9Section 41d. 139.22 of the statutes is amended to read:
SB268-SA2,135,21 10139.22 Confiscation. If a duly authorized employee of the department of
11revenue or the department of justice or any sheriff, police officer, marshal, or
12constable, within his or her respective jurisdiction, discovers any fermented malt
13beverages upon any premises other than the premises of a brewer, brewpub, or
14bottler, or any intoxicating liquor upon any premises other than the premises of a
15manufacturer, rectifier, winery, or wholesaler, and upon which the tax has not been
16paid or which was possessed, kept, stored, manufactured, sold, distributed, or
17transported in violation of ss. 139.01 to 139.25 and ch. 125, the employee or any such
18officer may immediately seize the fermented malt beverages or intoxicating liquors.
19Any such fermented malt beverages or intoxicating liquors so seized shall be held
20transferred by the department of revenue to the division and disposed of under s.
21125.14 (2) (e).
SB268-SA2,41e 22Section 41e. 139.25 (9) of the statutes is amended to read:
SB268-SA2,135,2523 139.25 (9) Failure to keep records. Failure to comply with s. 139.11 (1) shall
24carry a penalty of revocation by the secretary of revenue division of the license or
25permit.”.
SB268-SA2,136,1
119. Page 21, line 17: after that line insert:
SB268-SA2,136,2 2 Section 49c. 185.043 (2) of the statutes is amended to read:
SB268-SA2,136,103 185.043 (2) If the cooperative is formed for purposes of operating as a small
4winery cooperative wholesaler under s. 125.545, 3 or more individuals, at least one
5of whom must be a resident and all of which must be owners of small wineries
6certified by the division of alcohol beverages in the department of revenue under s.
7125.545 (6) (a), may form a cooperative by signing, acknowledging, and filing articles.
8Membership in a cooperative formed under this subsection is limited to small
9wineries certified by the department of revenue division of alcohol beverages under
10s. 125.545 (6) (a).
SB268-SA2,49d 11Section 49d. 185.043 (2) of the statutes, as affected by 2023 Wisconsin Act ....
12(this act), is amended to read:
SB268-SA2,136,2013 185.043 (2) If the cooperative is formed for purposes of operating as a small
14winery cooperative wholesaler under s. 125.545, 3 or more individuals, at least one
15of whom must be a resident and all of which must be owners of small wineries or
16small manufacturers
certified by the division of alcohol beverages in the department
17of revenue under s. 125.545 (6) (a), may form a cooperative by signing,
18acknowledging, and filing articles. Membership in a cooperative formed under this
19subsection is limited to small wineries or small manufacturers certified by the
20division of alcohol beverages under s. 125.545 (6) (a).
SB268-SA2,49e 21Section 49e. 227.52 (1) of the statutes is amended to read:
SB268-SA2,136,2322 227.52 (1) Decisions of the department of revenue other than decisions relating
23to alcohol beverage permits issued under ch. 125
.
SB268-SA2,49f 24Section 49f. 230.08 (2) (e) 11. of the statutes is amended to read:
SB268-SA2,137,1
1230.08 (2) (e) 11. Revenue — 7 8.”.
SB268-SA2,137,2 220. Page 21, line 19: delete lines 19 to 25 and substitute:
SB268-SA2,137,9 3“230.36 (1m) (b) 2. (intro.) A conservation warden, conservation patrol boat
4captain, conservation patrol boat engineer, member of the state patrol, state motor
5vehicle inspector, University of Wisconsin System police officer, security officer, or
6security person, other state facilities police officer, special tax agent, excise tax
7investigator
special agent employed by the department of revenue who is authorized
8to act under s. 73.031
, and special criminal investigation agent employed by the
9department of justice at all times while:”.
SB268-SA2,137,10 1021. Page 22, line 3: after that line insert:
SB268-SA2,137,12 11 Section 51m. 346.657 (1) of the statutes, as affected by 2023 Wisconsin Act
129
, is amended to read:
SB268-SA2,137,1813 346.657 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.62
14or 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or
15(6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall
16impose a safe ride program surcharge under ch. 814 in an amount of $50 $75 in
17addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under
18ch. 814.”.
SB268-SA2,137,19 1922. Page 24, line 21: after that line insert:
SB268-SA2,137,20 20 Section 64b. Tax 8.87 of the administrative code is repealed.
SB268-SA2,64c 21Section 64c. Nonstatutory provisions.
SB268-SA2,137,2222 (1) Transfer of alcohol beverages regulation and enforcement functions.
SB268-SA2,137,2323 (a) Definitions. In this subsection:
SB268-SA2,137,2424 1. “Department” means the department of revenue.
SB268-SA2,138,1
12. “Division” means the division of alcohol beverages in the department.
SB268-SA2,138,22 3. “Secretary” means the secretary of revenue.
SB268-SA2,138,63 (b) Assets and liabilities. On the effective date of this paragraph, the assets and
4liabilities of the department primarily related to alcohol beverages regulation and
5enforcement under ch. 125, as determined by the secretary, become the assets and
6liabilities of the division.
SB268-SA2,138,107 (c) Tangible personal property. On the effective date of this paragraph, all
8tangible personal property, including records, of the department that is primarily
9related to alcohol beverages regulation and enforcement under ch. 125, as
10determined by the secretary, is transferred to the division.
SB268-SA2,138,1611 (d) Contracts. All contracts entered into by the department in effect on the
12effective date of this paragraph that are primarily related to alcohol beverages
13regulation and enforcement under ch. 125, as determined by the secretary, remain
14in effect and are transferred to the division. The division shall carry out any
15obligations under those contracts unless modified or rescinded by the division to the
16extent allowed under the contract.
SB268-SA2,138,2117 (e) Position and employee transfers. On the effective date of this paragraph, all
18positions, and the incumbent employees who hold those positions, in the department
19with duties that are primarily related to alcohol beverages regulation and
20enforcement under ch. 125, as determined by the secretary, are transferred to the
21division.
SB268-SA2,139,222 (f) Employee status. Employees transferred under par. (e ) have all the rights
23and the same status under ch. 230 in the division that they enjoyed in the
24department immediately before the transfer. Notwithstanding s. 230.28 (4), no

1employee transferred under par. (e ) who has attained permanent status in class is
2required to serve a probationary period.
SB268-SA2,139,93 (g) Rules and orders. All rules promulgated by the department that relate to
4alcohol beverages regulation and enforcement under ch. 125 and that are in effect
5on the effective date of this paragraph remain in effect until their specified expiration
6dates or until amended or repealed by the division. All orders issued by the
7department that relate to alcohol beverages regulation and enforcement under ch.
8125 and that are in effect on the effective date of this paragraph remain in effect until
9their specified expiration dates or until modified or rescinded by the division.
SB268-SA2,139,1510 (h) Pending matters. Any matter pending with the department on the effective
11date of this paragraph that is primarily related to alcohol beverages regulation and
12enforcement under ch. 125, as determined by the secretary, is transferred to the
13division. All materials submitted to or actions taken by the department with respect
14to the pending matters are considered as having been submitted to or taken by the
15division.
SB268-SA2,139,1816 (i) Fees. All fees established by the department related to permits issued under
17ch. 125 that are in effect on the day before the effective date of this paragraph shall
18remain in effect until modified or rescinded by the division.
SB268-SA2,139,2519 (j) Secretary to develop plan for orderly transfer. The secretary shall develop
20a plan for an orderly transfer from the department to the division and shall resolve
21any disagreement between the department and the division with respect to any
22matter specified in this subsection. The secretary's plan for orderly transfer shall
23include the transfer of positions under par. (e ) plus the transfer of a sufficient number
24of currently vacant authorized FTE positions in the department to total 20.0 FTE
25positions in the division as well as initial staffing assignments in the division.
SB268-SA2,140,4
1(2) Transition; permit issuer. On the effective date of this subsection, any
2permit issued by the department of revenue under ch. 125 prior to the effective date
3of this subsection shall be considered to have been issued by the division of alcohol
4beverages.
SB268-SA2,140,75 (3) Expiration of retail licenses held by producers. Notwithstanding s.
6125.04 (11) (b), any retail license issued under ch. 125 to a winery or a brewer shall
7expire on the effective date of this subsection and the license shall be nonrenewable.
SB268-SA2,140,88 (4) Retail closing hour exception for 2024 national political convention.
SB268-SA2,140,99 (a) In this subsection:
SB268-SA2,140,12 101. “Convention period” means the period beginning on the first day of a national
11political convention held in Milwaukee in the summer of 2024 until the day after the
12convention's last day.
SB268-SA2,140,13 132. “Municipality” has the meaning given in s. 125.02 (11).
SB268-SA2,140,1714 3. “Southeast Wisconsin municipality” means a municipality any part of which
15is located within Kenosha, Racine, Walworth, Rock, Milwaukee, Waukesha,
16Jefferson, Dane, Ozaukee, Washington, Dodge, Columbia, Sheboygan, or Fond du
17Lac County.
SB268-SA2,140,2118 (b) 1. Notwithstanding s. 125.32 (3) (a), but subject to subds. 2. and 3., during
19the convention period, the closing hours for premises operating under a Class “B”
20license issued by a southeast Wisconsin municipality shall be between 4 a.m. and 6
21a.m.
SB268-SA2,140,2522 2. A southeast Wisconsin municipality may establish a process to designate,
23and may so designate, any licensee holding a license issued by the southeast
24Wisconsin municipality and to which subd. 1. would otherwise apply as ineligible or
25disqualified for the extended closing hour specified in subd. 1.
SB268-SA2,141,4
13. Notwithstanding s. 125.32 (3) (d), a southeast Wisconsin municipality may,
2by ordinance adopted after the effective date of this subdivision, opt out of subd. 1.
3and retain during the convention period the closing hours specified in s. 125.32 (3)
4(a).
SB268-SA2,141,85 (c) 1. Notwithstanding s. 125.68 (4) (c) 1., but subject to subds. 2. and 3., during
6the convention period, the closing hours for premises operating under a “Class B” or
7“Class C” license issued by a southeast Wisconsin municipality shall be between 4
8a.m. and 6 a.m.
SB268-SA2,141,129 2. A southeast Wisconsin municipality may establish a process to designate,
10and may so designate, any licensee holding a license issued by the southeast
11Wisconsin municipality and to which subd. 1. would otherwise apply as ineligible or
12disqualified for the extended closing hour specified in subd. 1.
SB268-SA2,141,1613 3. Notwithstanding s. 125.68 (4) (c) 5., a southeast Wisconsin municipality may,
14by ordinance adopted after the effective date of this subdivision, opt out of subd. 1.
15and retain during the convention period the closing hours specified in s. 125.68 (4)
16(c) 1.
SB268-SA2,141,2217 (d) 1. Notwithstanding ss. 125.29 (8) (a), 125.52 (5) (a), and 125.53 (4) (a), but
18subject to subds. 2. and 3., during the convention period, the closing hours for a
19full-service retail outlet under s. 125.29 (7), 125.52 (4), or 125.53 (3), and the
20on-premises sales hours on brewery premises, manufacturing or rectifying
21premises, and winery premises, operating in a southeast Wisconsin municipality
22shall be between 4 a.m. and 6 a.m.
SB268-SA2,142,223 2. A southeast Wisconsin municipality may establish a process to designate,
24and may so designate, premises in the municipality of any permittee under s. 125.29,

1125.52, or 125.53 to which subd. 1. would otherwise apply as ineligible or disqualified
2for the extended closing hour specified in subd. 1.
SB268-SA2,142,63 3. A southeast Wisconsin municipality may, by ordinance adopted after the
4effective date of this subdivision, opt out of subd. 1. and retain during the convention
5period the closing hours specified in ss. 125.29 (8) (a), 125.52 (5) (a), and 125.53 (4)
6(a), as unaffected by par. (b).
SB268-SA2,142,12 7(5m) Transition; initial implementation authority. The administrator of the
8division of income, sales and excise tax in the department of revenue shall have
9interim authority to undertake all measures necessary to implement the changes in
10this act by the effective date of each change, including taking action in preparation
11for the creation of a division of alcohol beverages and appointment of a division
12administrator and bureau directors.
SB268-SA2,64d 13Section 64d. Initial applicability.
SB268-SA2,142,1514 (1) Safe ride surcharge. The treatment of s. 346.657 (1) first applies to
15violations committed on the effective date of this subsection.
SB268-SA2,142,2016 (2) Jurisdiction over out-of-state permittees. The treatment of s. 125.535 (3)
17(b) 3., (c), (d), and (e), the renumbering of s. 125.58 (2), the renumbering and
18amendment of s. 125.30 (3), the amendment of s. 125.30 (2), and the creation of ss.
19125.30 (2) (d) and (3) (b) and 125.58 (2) (b) and (c) first apply with respect to permits
20issued after the effective date of this subsection.”.
SB268-SA2,142,22 2123. Page 24, line 22: delete “day" and substitute “first day of the 5th month
22beginning".
SB268-SA2,142,23 2324. Page 25, line 2: after that line insert:
SB268-SA2,143,8
1“(2m) DOR Enforcement; alcohol vapor devices. The treatment of ss. 40.02
2(48) (am) 19. and (c), 71.78 (1), (1g), (4) (b) and (v), (5), and (6), 71.83 (6), 72.06, 73.03
3(51b), 73.031, 77.61 (5) (am), (b) 2. and 15., (c), and (d), 78.80 (3), 125.02 (1c), 125.09
4(8), 134.65 (1a), 139.11 (4) (a) (intro.), 139.38 (6), 139.44 (2), (2m), (8) (a), (am), (b),
5(c), and (d), 139.82 (6), 230.36 (1m) (b) 2. (intro.) and (2m) (a) 9., 565.01 (6c), 565.02
6(9) (intro.), 565.17 (5) (a) and (d), 565.40 (title) and (4), 565.50 (2), (2m), (3), and (4),
7and 946.82 (4), the renumbering of s. 565.02 (8) (e), and the renumbering and
8amendment of s. 565.02 (8) (f) take effect on the day after publication.
SB268-SA2,143,10 9(3m) Transition; initial implementation authority. Section 64c of this act
10takes effect on the day after publication.
SB268-SA2,143,14 11(4m) Fulfillment houses and common carriers. The treatment of ss. 125.02
12(6d), 125.025 (3) (by Section 21m), 125.12 (5) (a) (by Section 25L), 125.22, 125.23,
13125.535 (7), 125.68 (10) (a) and (b), 139.08 (5), 139.11 (1) (by Section 40o), and 139.11
14(4) (b) 2. takes effect on the first day of the 13th month beginning after publication.
SB268-SA2,143,17 15(5m) New permit fees. The treatment of s. 125.04 (8) (title), the renumbering
16of s. 125.04 (8), and the creation of s. 125.04 (8) (b) take effect on the first day of the
1713th month beginning after publication.
SB268-SA2,143,22 18(6m) Cooperative wholesalers. The treatment of ss. 125.545 (title), (1) (a),
19(ar), (cm), (d), (e), and (em), (2) (a) 1., 3. b., and 4., (b), and (c), (3) (a) 2. (by Section
2026hc) and 2m., (b), and (c), (4), (6) (a) 1. (by Section 26hk), 2m., 3m., and 4. (by
21Section 26hq), and (7) (by Section 26ht) and 185.043 (2) (by Section 49d) takes effect
22on the first day of the 13th month beginning after publication.
SB268-SA2,144,3 23(7m) Operator's permit. The treatment of ss. 125.02 (14m) (by Section 21g),
24125.04 (3) (a) (intro.) (by Section 21rm) and (5) (a) 5. (by Section 23h) and (d) 1., 2.,
25and 3. a., 125.045 (2) (a) (by Section 24g), 125.06 (3g), 125.07 (3) (a) 10., 125.175,

1125.26 (2m) and (2s) (b), 125.32 (2) (by Section 26dy), 125.51 (3) (bm) and (bs) 2.,
2125.68 (2) (by Section 26jt), and 139.01 (4) (by Section 40d) takes effect on the first
3day of the 13th month beginning after publication.
SB268-SA2,144,104 (8m) No-fee event venue permits; consumption of alcohol in public places.
5 The treatment of ss. 125.02 (14m) (by Section 21h), 125.09 (1) (b) and (c), 125.24,
6125.51 (4) (v) 5., and 139.01 (4) (by Section 40e), the renumbering and amendment
7of s. 125.09 (1), the amendment of ss. 125.04 (8) (b) and 125.20 (5) (c) and (d), and the
8creation of ss. 125.28 (2) (b) 1. j., 125.29 (2) (a) 6., 125.295 (2) (a) 6. g., 125.30 (3) (c)
95., and 125.69 (1) (a) 5., (b) 5m., (c) 9., and (d) 5. take effect on the first day of the 25th
10month beginning after publication.
SB268-SA2,144,1211 (9m) Administrative rules. The repeal of s. Tax 8.87, Wis. Adm. Code, takes
12effect as provided in s. 227.265.”.
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