SB268-SA2,25t Section 25t. 125.12 (6) (d) of the statutes is amended to read:

SB268-SA2,23,2 125.12 (6) (d) 1. If no request for an evidentiary hearing is made under par. (b), within 60 days of receiving any response under par. (b) or, if no response is made, within 60 days of the date on which a response or request for hearing is due under par. (b), the department division may extend the time period for making a decision under par. (c) by an additional 60 days if the department division provides notice within the time period specified in par. (c) that an additional 60 days is necessary for investigation.

SB268-SA2,23,7 2. If a request for an evidentiary hearing is made under par. (b), within 45 days of receiving the request for hearing under par. (b), the department division may extend the time period for conducting the hearing by an additional 45 days if the department division provides notice within 45 days of receiving the request for hearing under par. (b) that an additional 45 days is necessary for investigation.

SB268-SA2,25u Section 25u. 125.12 (6) (dm) of the statutes is amended to read:

SB268-SA2,23,18 125.12 (6) (dm) Within 45 days of receiving any response or request for hearing under par. (b) or, if no response or request for hearing is made, within 45 days of the date on which a response or request for hearing is due under par. (b), the department division may elect to file a complaint in circuit court under sub. (4) that includes all allegations of the complaint under par. (a) for which the department division determines there is cause to find that a violation of s. 125.54 (7) (a) has occurred. If the department division files a complaint in circuit court as provided under this paragraph, the department division shall not conduct a hearing under par. (cm) or make a written decision under par. (c), but shall proceed with the matter as provided under sub. (4).

SB268-SA2,25v Section 25v. 125.12 (6) (e) of the statutes is amended to read:

SB268-SA2,23,23 125.12 (6) (e) If the department division finds the allegations under par. (a) true and sufficient, the department division shall either suspend for not less than 10 days nor more than 90 days or revoke the wholesaler's permit, and give notice of the suspension or revocation to the wholesaler.”.

SB268-SA2,23,24 15. Page 14, line 10: delete “department" and substitute “division".

SB268-SA2,24,1 16. Page 14, line 12: after that line insert:

SB268-SA2,24,2 “ Section 26ab. 125.13 of the statutes is amended to read:

SB268-SA2,24,10 125.13 Report of suspension, revocation , or imposition of penalty. Whenever a municipal governing body or court revokes or suspends a license or permit or imposes a penalty on a licensee or permittee for the violation of this chapter, the clerk of the municipality or court revoking or suspending the license or imposing the penalty shall, within 10 days after the revocation, suspension, or imposition of penalty, mail a report to the department division at Madison, Wisconsin, giving the name of the licensee, the address of the licensed premises, and a full description of the penalty imposed.

SB268-SA2,26ac Section 26ac. 125.14 (2) (c) of the statutes is amended to read:

SB268-SA2,24,16 125.14 (2) (c) Identification. Any person seizing alcohol beverages or personal property and electing to dispose of it under this subsection shall exercise reasonable diligence to ascertain the name and address of the owner of the alcohol beverages or property and of all persons holding a security interest in the property seized. The person shall report his or her findings in writing to the department division.

SB268-SA2,26ad Section 26ad. 125.14 (2) (d) of the statutes is amended to read:

SB268-SA2,25,5 125.14 (2) (d) Order. Upon conviction of any person for owning, possessing, keeping, storing, manufacturing, selling, distributing, or transporting alcohol beverages in violation of this chapter or ch. 139, the court shall order part or all of the alcohol beverages or personal property seized to be destroyed if it is unfit for sale. Alcohol beverages and other personal property fit for sale shall be turned over to the department division for disposition. Upon receipt of the confiscated property, the department division shall exercise reasonable diligence to ascertain the names and addresses of all owners of the property and of all persons holding a security interest in the property. If a motor vehicle is confiscated, the department division shall obtain the written advice of the department of transportation as to the ownership of the motor vehicle and shall make a reasonable search for perfected security interests in the vehicle.

SB268-SA2,26ae Section 26ae. 125.14 (2) (e) of the statutes is amended to read:

SB268-SA2,25,19 125.14 (2) (e) Disposal. The department division shall dispose of the alcohol beverages turned over to it by the court by either giving it to law enforcement agencies free of charge for use in criminal investigations, selling it to the highest bidder if the bidder is a person holding a license or permit issued under this chapter, or destroying it, at the discretion of the department division. If the department division elects to sell the alcohol beverages, it shall publish a class 2 notice under ch. 985 asking for sealed bids from qualified bidders. Any items or groups of items in the inventory subject to a security interest, the existence of which was established in the proceedings for conviction as being bona fide and as having been created without the secured party having notice that the items were being used or were to be used in connection with the violation, shall be sold separately. The net proceeds from the sale, less all costs of seizure, storage, and sale, shall be turned over to the secretary of administration and credited to the common school fund.

SB268-SA2,26af Section 26af. 125.14 (2) (f) of the statutes is amended to read:

SB268-SA2,26,10 125.14 (2) (f) Sale. Any personal property, other than alcohol beverages, seized under par. (a) and fit for sale, shall be turned over by the department division to the department of administration for disposal at public auction to the highest bidder, at a time and place stated in a notice of sale which describes the property to be sold. The sale shall be held in a conveniently accessible place in the county where the property was confiscated. A copy of the notice shall be published as a class 2 notice under ch. 985. The last insertion shall be at least 10 days before the sale. The department of revenue division shall serve a copy of the notice of sale at least 2 weeks before the date thereof on all persons who are or may be owners or holders of security interests in the property. Any confiscated property worth more than $100 shall be sold separately, and the balance of the confiscated property shall be sold in bulk or separately at the discretion of the department of administration. The net proceeds from the sale, less all costs of seizure, storage, and sale, shall be turned over to the secretary of administration. No motor vehicle or motorboat confiscated under this section may be sold within 30 days after the date of seizure.

SB268-SA2,26ag Section 26ag. 125.14 (3) (b) of the statutes is amended to read:

SB268-SA2,26,15 125.14 (3) (b) Deadline. The application shall be made within one year after the sale of the property. A copy of the application and the order setting a hearing on it shall be served on the department division at least 20 days before the date set for hearing.

SB268-SA2,26ah Section 26ah. 125.145 of the statutes is amended to read:

SB268-SA2,26,22 125.145 Prosecutions by attorney general or department division. Upon request by the secretary of revenue division, the attorney general may represent this state or assist a district attorney in prosecuting any case arising under this chapter. The department division may represent this state in prosecuting any violation of s. 125.54 (7) (a) or (b) and shall bring any such action in the circuit court for Dane County.

SB268-SA2,26ai Section 26ai. 125.15 (1) of the statutes is amended to read:

SB268-SA2,27,2 125.15 (1) An intoxicating liquor wholesaler, intoxicating liquor retail licensee or permittee, or intoxicating liquor trade association that makes a written complaint to the department division under s. 125.12 (6) of a violation of s. 125.54 (7) (a) may bring an action to enforce the provisions of s. 125.54 (7) if any of the following apply:

SB268-SA2,27,4 (a) The department division has not rendered a decision within the time periods specified in s. 125.12 (6) (c) to (d).

SB268-SA2,27,8 (b) The department division has rendered a decision under s. 125.12 (6) in which the department division has determined that a violation has occurred but no action has been brought in circuit court by the department division, attorney general, or a district attorney to prosecute the violation.

SB268-SA2,26aj Section 26aj. 125.17 (6) (a) (intro.) of the statutes is amended to read:

SB268-SA2,27,18 125.17 (6) (a) (intro.) Except as provided in par. (b), no municipal governing body or designated municipal official may issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course, which may include computer-based training and testing, that is approved by the department division or the department of safety and professional services, or unless the applicant fulfills one of the following requirements: