SB285,15 Section 15. 78.80 (3) of the statutes is amended to read:

SB285,10,25 78.80 (3) Sections 71.78 (1), (1g), and (4) to (9) and 71.83 (2) (a) 3., relating to confidentiality of income and franchise tax returns, apply to any information obtained from any person on a motor vehicle fuel, general aviation fuel or alternate fuels tax return, report, schedule, exhibit, or other document or from an audit report pertaining to the same.

SB285,16 Section 16. 125.02 (1c) of the statutes is created to read:

SB285,11,4 125.02 (1c) “Alcohol vapor device" means any device that provides for the use of air or oxygen bubbled through an alcohol beverage to produce a vapor or mist that allows the user to inhale this alcoholic vapor through the mouth or nose.

SB285,17 Section 17. 125.04 (4) of the statutes is amended to read:

SB285,11,12 125.04 (4) List of licensees. By July 15 annually, the clerk of a municipality issuing licenses shall mail to the department a list containing the name, address, and trade name of each person holding a license issued by that municipality, other than a manager's or operator's license or a license issued under s. 125.26 (6), the type of license held, and, if the person holding the license is a corporation or limited liability company, the name of the agent appointed under sub. (6). The department shall annually publish this list on the department's Internet site.

SB285,18 Section 18. 125.04 (8m) of the statutes is created to read:

SB285,11,17 125.04 (8m) Payment of criminal history fees. Any fees incurred by the department under s. 165.82 (1) (am) for purposes of verifying a permit applicant's eligibility under sub. (5) (a) 1. and (b) shall be paid by the applicant to the department upon application for the permit.

SB285,19 Section 19. 125.09 (8) of the statutes is created to read:

SB285,11,20 125.09 (8) Alcohol vapor devices. No person may use or offer for use, possess, or sell or offer for sale in this state an alcohol vapor device.

SB285,20 Section 20. 125.09 (9) of the statutes is created to read:

SB285,12,2 125.09 (9) Possession of still. (a) Subject to par. (b), no person may possess any still, leach tub, or other apparatus for manufacturing, rectifying, distilling, refining, or purifying intoxicating liquor other than wine. The possession of any such still, leach tub, or other apparatus is prima facie evidence of possession for the purpose of manufacturing, rectifying, distilling, refining, or purifying of intoxicating liquor other than wine.

SB285,12,3 (b) Paragraph (a) does not apply to any of the following:

SB285,12,4 1. A person issued a manufacturer's or rectifier's permit under s. 125.52.

SB285,12,5 2. A person that has registered a distilled spirits plant under 26 USC 5171.

SB285,12,7 3. A person that has registered the still or distilling apparatus under 26 USC 5179.

SB285,12,9 (c) Any person who violates par. (a) shall be subject to the same penalty specified in s. 125.04 (13).

SB285,21 Section 21. 125.112 of the statutes is created to read:

SB285,12,13 125.112 Administrative forfeitures for violations. (1) (a) The department may directly assess against a person, for the person's violation as described in sub. (6), a forfeiture in the amount specified in sub. (6).

SB285,12,19 (b) The authority of the department to assess a forfeiture against a person under this section is in addition to the department's authority under s. 125.12 and any other authority or power of the department under this chapter or ch. 139 and in addition to any other penalty under this chapter, except that a person may not be both assessed a forfeiture under this section and subject to a court-imposed fine, forfeiture, or imprisonment under this chapter arising from the same violation.

SB285,12,25 (2) If the department determines that a forfeiture should be assessed for a violation identified in sub. (6), the department shall issue a notice of assessment to the person alleged to have committed the violation. The notice shall specify the amount of the forfeiture assessed and the alleged violation, including the statute alleged to have been violated, and shall inform the person of the right to hearing under sub. (3) (a).

SB285,13,13 (3) (a) A person upon whom a forfeiture is imposed may contest the assessment by sending, within 30 days after receipt of notice of the assessment, a written request for hearing under s. 227.44 to the division of hearings and appeals in the department of administration. The administrator of the division of hearings and appeals may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division of hearings and appeals shall be the final administrative decision. The division of hearings and appeals shall commence the hearing within 30 days of receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division of hearings and appeals are governed by ch. 227. In any petition for judicial review of a decision by the division of hearings and appeals, the party, other than the petitioner, who was in the proceeding before the division of hearings and appeals shall be the named respondent.

SB285,13,19 (b) In addition to or in lieu of requesting a hearing under par. (a), a person issued a notice of assessment under sub. (2) may settle the matter by agreeing to an offer in compromise with the department under which the person pays to the department a forfeiture of less than the amount stated in the notice of assessment but not less than the minimum applicable forfeiture amount specified in sub. (6) for the violation.

SB285,13,25 (4) All forfeitures shall be paid to the department within 60 days after receipt of the notice of assessment or according to a schedule agreed to by the department and the person issued the notice of assessment or, if the forfeiture is contested under sub. (3), within 10 days after receipt of the final decision after exhaustion of all administrative and judicial reviews. The department shall remit all forfeitures paid to the secretary of administration for deposit in the school fund.

SB285,14,4 (5) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in any such action is whether the forfeiture amount has been paid.

SB285,14,6 (6) (a) The department may assess forfeitures under this section for the following violations in the following amounts:

SB285,14,10 1. For a violation of s. 125.07 (2) (a) or (3) (a) or (b) or 125.65 or a rule promulgated under s. 125.03 (1) (a) or (2), not more than $100 for a first violation, not less than $100 nor more than $250 for a 2nd violation, and not less than $250 nor more than $500 for a 3rd or subsequent violation.

SB285,14,17 2. For a violation of s. 125.04 (3) (j) or (10), 125.06 (13) (a), 125.09 (3), (6), (7), or (8), 125.27 (2) (e), 125.272, 125.28 (1) (d), 125.32 (3), (5), (6), or (7), 125.33 (1), (5), (6), (7) (a), (7m), (8), (11) (a), (12), or (13), 125.34 (2), (3), (4), (5), or (6), 125.51 (4) (am), (5) (c) 4., (6), or (7), 125.535 (4), (5), or (6), 125.54 (3), (5), or (8), 125.68 (4), (10) (a), or (11) (b), or 125.69 (3), (4) (a), or (5), not more than $250 for a first violation, not less than $250 nor more than $500 for a 2nd violation, and not less than $500 nor more than $1,000 for a 3rd or subsequent violation.

SB285,14,22 3. For a violation of s. 125.04 (1), 125.09 (1) or (9), 125.105 (1), 125.28 (5), 125.315 (1), 125.32 (2), 125.33 (9), 125.54 (7) (a) or (b), 125.545 (4) or (7), 125.66 (1), 125.67, or 125.68 (2), not more than $1,000 for a first violation, not less than $1,000 nor more than $2,500 for a 2nd violation, and not less than $2,500 nor more than $10,000 for a 3rd or subsequent violation.