Amendment SSA1-SB21

SB21-SSA1,1513,11 (5f) Representation and apportionment plans for election of members of certain unified school districts. Notwithstanding section 120.42 (1m) (a) and (b) of the statutes, as created by this act, the school board of a unified school district described in section 120.42 (1) (d) 2. of the statutes, as created by this act, shall both establish a representation plan pursuant to section 120.42 (1m) (a) of the statutes, as created by this act, and adopt a district apportionment plan pursuant to section 120.42 (1m) (b) of the statutes, as created by this act, before November 1, 2015. Nothwithstanding section 120.42 (2) of the statutes, the members of the school board of a unified school district described in section 120.42 (1) (d) 2. of the statutes, as created by this act, who hold office on the effective date of this subsection shall cease to hold office on the 4th Monday in April 2016. At the 2016 spring election, 9 members shall be elected to the school board of the unified school district for terms established pursuant to the district apportionment plan and commencing on the 4th Monday in April 2016.

SB21-SSA1,1513,17 (6q) Special Needs Scholarship Program. Notwithstanding section 115.7915 (2) of the statutes, as created by this act, the department shall award a scholarship to a child to attend an eligible school in the 2016-17 school year under section 115.7915 of the statutes, as created by this act, if the child satisfies the eligibility requirements under section 115.7915 (2) (b) to (d) and (f) of the statutes, as created by this act, and all of the following conditions are met:

SB21-SSA1,1513,20 (a) The child applied to attend a public school in one or more nonresident school districts under section 118.51 of the statutes for the 2011-12, 2012-13, 2013-14, 2014-15, or 2015-16 school year.

SB21-SSA1,1513,22 (b) The conditions under section 115.7915 (2) (a) 1. and 2. of the statutes, as created by this act, are satisfied for any of the school years specified in paragraph (a).

SB21-SSA1,1513,24 (c) The child will attend a public school in this state for the entire 2015-16 school year.

SB21-SSA1,9135 Section 9135. Nonstatutory provisions; Public Lands, Board of Commissioners of.

SB21-SSA1,9136 Section 9136. Nonstatutory provisions; Public Service Commission.

SB21-SSA1,1514,11 (1j) Industrial wind turbines. The public service commission shall conduct a review of studies conducted to ascertain the health effects of industrial wind turbines on persons residing near the turbine installations. If the review shows that there are substantially negative health effects on persons residing beyond the 1,250-foot setback distance specified in the rules promulgated by the public service commission under section 196.378 (4g) (b) of the statutes, the commission may, no later than 6 months after completing the review, submit in proposed form any necessary revisions to those rules to the legislative council staff under section 227.15 (1) of the statutes.

SB21-SSA1,1514,17 (2c) Commission members. Notwithstanding section 15.06 (1) (c) of the statutes, as created by this act, the commissioners of the public service commission appointed under section 15.06 (1) (a) of the statutes and the chairperson of the commission designated under section 15.06 (2), 2013 stats., shall remain in office until the expiration of their terms specified in section 15.06 (1) (a) of the statutes and in section 15.06 (2), 2013 stats.

SB21-SSA1,1514,23 (2q) State broadband office funding. Notwithstanding section 16.42 (1) (e) of the statutes, the public service commission, in submitting information under section 16.42 of the statutes for purposes of the 2017-19 biennial budget bill, shall submit information concerning the appropriation under section 20.155 (1) (g) of the statutes, as affected by this act, as though the amount appropriated for the 2016-17 fiscal year had been $125,000 less than was actually appropriated.

SB21-SSA1,1514,24 (2u) Universal service fund.

SB21-SSA1,1515,1 (a) Definitions. In this subsection:

SB21-SSA1,1515,2 1. "Commission" means the public service commission.

SB21-SSA1,1515,5 2. "Contribution rates" means the rates of contribution to the fund that the commission requires for telecommunications providers under section 196.218 (3) of the statutes.

SB21-SSA1,1515,6 3. "Fund" means the universal service fund.

SB21-SSA1,1515,8 4. "Telecommunication provider" has the meaning given in section 196.01 (8p) of the statutes.

SB21-SSA1,1515,20 (b) Report. The commission shall submit a report to the joint committee on finance on the causes of unencumbered balances in the fund and the changes that could be made to the procedures for setting budgets for programs funded by the fund and establishing contribution rates that would reduce future unencumbered balances. The report shall recommend the level of fund balance that is appropriate to accommodate timing imbalances between revenues and expenditures. The report shall also explain how the commission incorporates unspent revenues in the fund's balance, in excess of any revenues needed to accommodate timing imbalances between revenues and expenditures, into contribution rates the commission requires for the 2015-16 fiscal year. The commission shall submit the report to the joint committee on finance prior to the committee's 3rd quarterly meeting in 2015 under section 13.10 of the statutes.

SB21-SSA1,1515,23 (c) Prohibition. Notwithstanding section 196.218 (3) of the statutes, the commission may not revise contribution rates for fiscal year 2015-16 unless the joint committee on finance approves the report submitted under paragraph (b).

SB21-SSA1,9137 Section 9137. Nonstatutory provisions; Revenue.

SB21-SSA1,1516,9 (1j) Auditors. No later than December 31 of each year, beginning in 2016 and ending in 2020, the department of revenue shall submit a report to the joint committee on finance containing information from the previous fiscal year regarding the actual or estimated state tax revenues generated by, and expenditures associated with, the additional full-time equivalent auditor positions authorized under this act. The department of revenue shall include in its annual report the number of audits, and the revenue generated from those audits, that auditors conducted on persons who reside or have a commercial domicile outside this state compared to persons who reside or have a commercial domicile inside this state.

SB21-SSA1,9138 Section 9138. Nonstatutory provisions; Safety and Professional Services.

SB21-SSA1,1516,11 (1) Transfer of prescription drug monitoring program.

SB21-SSA1,1516,16 (a) Assets and liabilities. The assets and liabilities of the pharmacy examining board that the secretary of safety and professional services determines to be primarily related to the prescription drug monitoring program become the assets and liabilities of the controlled substances board on the effective date of this paragraph.

SB21-SSA1,1516,21 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the pharmacy examining board that the secretary of safety and professional services determines to be primarily related to the prescription drug monitoring program is transferred to the controlled substances board.

SB21-SSA1,1517,6 (c) Contracts. All contracts that were entered into by the pharmacy examining board, or by the department of safety and professional services on behalf of the pharmacy examining board, that the secretary of safety and professional services determines to be primarily related to the prescription drug monitoring program, and that are in effect on the effective date of this paragraph, remain in effect and are transferred to the controlled substances board. The controlled substances board shall carry out any obligations under such a contract until the contract is modified or rescinded by the controlled substances board to the extent allowed under the contract.

SB21-SSA1,1517,12 (d) Rules and orders. All rules promulgated, and all orders issued, by the pharmacy examining board that the secretary of safety and professional services determines to be primarily related to the prescription drug monitoring program, and that are in effect on the effective date of this paragraph, remain in effect until their specified expiration date or until modified, amended, rescinded, or repealed by the controlled substances board.

SB21-SSA1,1517,18 (e) Pending matters. Any matter pending with the pharmacy examining board that the secretary of safety and professional services determines to be primarily related to the prescription drug monitoring program is transferred to the controlled substances board, and all materials submitted to or actions taken by the pharmacy examining board with respect to the pending matter are considered as having been submitted to or taken by the controlled substances board.

SB21-SSA1,1517,19 (5) Transfer of veterinary examining board.

SB21-SSA1,1517,24 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of safety and professional services primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, shall become the assets and liabilities of the department of agriculture, trade and consumer protection.

SB21-SSA1,1518,5 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services that is primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, is transferred to the department of agriculture, trade, and consumer protection.

SB21-SSA1,1518,13 (c) Contracts. All contracts entered into by the department of safety and professional services in effect on the effective date of this paragraph that are primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, remain in effect and are transferred to the department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of agriculture, trade and consumer protection to the extent allowed under the contract.

SB21-SSA1,1518,21 (d) Pending matters. Any matter pending with the department of safety and professional services on the effective date of this paragraph that is primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, is transferred to the department of agriculture, trade and consumer protection and all materials submitted to or actions taken by the department of safety and professional services with respect to the pending matters are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.

SB21-SSA1,1519,2 (e) Fees. All fees for initial licenses, certifications, and other credentials, and for renewals of those licenses, certifications, and other credentials, under chapter 453 of the statutes that are in effect on the day before the effective date of this paragraph shall remain in effect until modified by the department of agriculture, trade and consumer protection under section 89.063 of the statutes, as created by this act.

SB21-SSA1,1519,8 (6c) Credential renewal fees for audiologists and speech-language pathologists. Notwithstanding sections 440.03 (9), 440.05 (2) (a), 440.08 (2) (c) and (3) (a), and 459.24 (5) (a) of the statutes, the renewal fee for a license granted under subchapter II of chapter 459 of the statutes shall, instead of being determined under section 440.03 (9) of the statutes, be $75 with respect to the February 1, 2017, renewal date.

SB21-SSA1,9139 Section 9139. Nonstatutory provisions; Secretary of State.

SB21-SSA1,1519,16 (1q) Transfer of documents. On the effective date of this subsection, all documents in the possession of the secretary of state related to municipal name changes, reorganizations, and boundary record keeping functions, including those to which sections 60.05 (4), 60.065, 61.187 (2) (d), 61.189 (2), 62.02, 62.075 (5), 62.26 (7), 66.0203 (7), 66.0211 (5), 66.0213 (4) and (6), 66.0215 (5), 66.0216 (5), 66.0217 (9) (a) and (b), 66.0219 (7), 66.0227 (5), 66.0301 (6) (e), and 66.0307 (10) apply, shall be transferred to, and become the property of, the department of administration.

SB21-SSA1,9140 Section 9140. Nonstatutory provisions; State Employment Relations, Office of.

SB21-SSA1,1519,18 (1) Elimination of the office of state employment relations.

SB21-SSA1,1519,21 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office of state employment relations become the assets and liabilities of the department of administration.

SB21-SSA1,1520,3 (b) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees in the classified service of the state civil service holding those positions in the office of state employment relations are transferred to the department of administration, except for 6.95 PR FTE positions, funded from the appropriation under s. 20.545 (1) (k), 2013 stats., that are identified by the secretary of administration.

SB21-SSA1,1520,9 (c) Employee status. Employees transferred under paragraph (b) have all the rights and the same status under chapter 230 of the statutes in the department of administration that they enjoyed in the office of state employment relations immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB21-SSA1,1520,12 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office of state employment relations is transferred to the department of administration.

SB21-SSA1,1520,17 (e) Pending matters. Any matter pending with the office of state employment relations on the effective date of this paragraph is transferred to the department of administration. All materials submitted to or actions taken by the office of state employment relations are considered as having been submitted to or taken by the department of administration.

SB21-SSA1,1520,22 (f) Contracts. All contracts entered into by the office of state employment relations in effect on the effective date of this paragraph remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under those contracts unless modified or rescinded by that department to the extent allowed under the contract.

SB21-SSA1,1521,3 (g) Rules and orders. All rules promulgated by the office of state employment relations in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of administration. All orders issued by the office of state employment relations in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of administration.

SB21-SSA1,9141 Section 9141. Nonstatutory provisions; State Fair Park Board.

SB21-SSA1,9142 Section 9142. Nonstatutory provisions; Supreme Court.

SB21-SSA1,9143 Section 9143. Nonstatutory provisions; Technical College System.

SB21-SSA1,1521,13 (3j) Report relating to performance-based funding. In the 2015-17 fiscal biennium, the technical college system board shall review, and submit to the joint committee on finance a report on, the performance-based funding formula established under section 38.28 (2) (be) 1. of the statutes, as affected by this act. The report shall include possible changes to the performance-based funding formula and additional performance criteria that could be included under section 38.28 (2) (be) 1. of the statutes, as affected by this act.

SB21-SSA1,9144 Section 9144. Nonstatutory provisions; Tourism.

SB21-SSA1,1521,16 (2) Transfer of lower Wisconsin state riverway board to department of natural resources.

SB21-SSA1,1521,20 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of tourism primarily related to the functions of the lower Wisconsin state riverway board, as determined by the secretary of administration, become the assets and liabilities of the department of natural resources.

SB21-SSA1,1521,25 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of tourism that is primarily related to the functions of the lower Wisconsin state riverway board, as determined by the secretary of administration, is transferred to the department of natural resources.

SB21-SSA1,1522,7 (c) Contracts. All contracts entered into by the department of tourism in effect on the effective date of this paragraph that are primarily related to the functions of the lower Wisconsin state riverway board, as determined by the secretary of administration, remain in effect and are transferred to the department of natural resources. The department of natural resources shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of natural resources to the extent allowed under the contract.

SB21-SSA1,1522,14 (3j) Study concerning tourism marketing expenditures; report. The department of tourism shall conduct a study of the statewide benefits of the marketing expenditures required under section 41.11 (6) of the statutes and any possible alternative marketing expenditures that could be made with the same funds. No later than January 1, 2017, the department of tourism shall submit to the joint committee on finance a report detailing its findings from the study conducted under this subsection.

SB21-SSA1,9145 Section 9145. Nonstatutory provisions; Transportation.

SB21-SSA1,1522,23 (1c) City of Kewaunee harbor assistance grant. In the 2015-16 fiscal year, from the appropriations under sections 20.395 (2) (cq) and 20.866 (2) (uv) of the statutes, as affected by this act, notwithstanding the eligibility criteria under section 85.095 of the statutes, the department of transportation shall award a grant under section 85.095 (2) (a) of the statutes to the city of Kewaunee for harbor infrastructure improvements and repair and restoration of harbor facilities. The amount of the grant awarded under this subsection shall be $4,220,000 or the total cost of the project, whichever is less.

SB21-SSA1,1523,4 (1d) State highway program audit. The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a performance evaluation audit of the state highway program. If the committee directs the legislative audit bureau to conduct the audit, the bureau shall file its reports in the manner described under section 13.94 (1) (b) of the statutes by January 1, 2017. If conducted, the audit shall do all of the following:

SB21-SSA1,1523,9 (a) Evaluate the department of transportation's traffic forecasting methodologies, assess the accuracy of its forecasts as compared to those produced by other states, assess the conformity of the department's traffic forecasting methodologies with relevant professional standards, and consider any other factor relevant to the assessment of the department's traffic forecasting methodologies.

SB21-SSA1,1523,13 (b) The evaluation under paragraph (a) shall include a comparison of traffic forecasts provided by the department of transportation from 1990 to 2014 during federal environmental project reviews with postconstruction traffic counts in corresponding completed project locations.

SB21-SSA1,1523,18 (c) The comparison under paragraph (b) shall include a comparison of the accuracy of the department of transportation's traffic forecasts for projects in the state highway rehabilitation program, the major highway development program, the southeast Wisconsin freeway rehabilitation program, and the southeast Wisconsin freeway megaprojects program.

SB21-SSA1,1523,25 (d) Evaluate the processes and factors that the department of transportation uses to select the timing, type, and scope of highway improvements. The types of improvements evaluated shall include lane additions, increasing highway shoulder width, purchase of additional right-of-way, construction of bicycle and pedestrian facilities, changes to roadway geometric alignments, use of dynamic and static messaging signs, and inclusion of ramp gates, barriers, roundabouts, diverging diamond intersections, or aesthetic design elements in projects.

SB21-SSA1,1524,3 (e) The evaluation under paragraph (d) shall include the total amount expended for each highway improvements type from fiscal year 2005-06 to fiscal year 2014-15 by fiscal year.

SB21-SSA1,1524,6 (f) Assess whether the department of transportation could reduce state highway program expenditures on safety-related improvements without significantly reducing public safety.

SB21-SSA1,1524,11 (g) Evaluate the extent to which the department of transportation has met, failed to meet, or exceeded minimum federal and state requirements for highway design and construction for fiscal year 2005-06 to fiscal year 2014-15 and the costs or savings associated with the department's practices related to compliance with highway design and construction requirements.

SB21-SSA1,1524,14 (h) Audit the department of transportation's bidding practices related to the state highway program for fiscal year 2005-06 to fiscal year 2014-15 and assess the extent to which these practices have complied with state statutes.

SB21-SSA1,1524,16 (i) Provide recommendations for the improvement or correction of practices of the department of transportation related to the components of this audit.

SB21-SSA1,1524,22 (1f) General transportation aid payment to the town of Kendall. Notwithstanding any provision of section 86.30 of the statutes relating to amount of or eligibility for aids payments under that section, in the 2015-16 fiscal year, from the appropriation under section 20.395 (1) (ar) of the statutes, as affected by this act, the department of transportation shall make an aid payment of $24,800 to the town of Kendall in Lafayette County to correct a prior aid payment by the department.

SB21-SSA1,1524,23 (1v) Contingent transportation bonding.

SB21-SSA1,1525,13 (a) The department of transportation may submit a request to use the proceeds of general obligation bonds issued under section 20.866 (2) (uuu) of the statutes to the joint committee on finance. If paragraph (d) 2. applies, the request shall include a recommendation regarding whether section 20.395 (6) (ae) or (av) of the statutes should be used to pay principal and interest costs. If the cochairpersons of the joint committee on finance do not notify the department of transportation within 14 working days after the submission of the request that the committee intends to schedule a meeting to review the request, the department of transportation may expend the bond proceeds as requested and any recommendation by the department regarding the appropriation to be used to pay principal and interest costs is approved. If, within 14 working days after the date of the submission of the request, the cochairpersons of the committee notify the department that the committee intends to schedule a meeting for the purpose of reviewing the request, the department of transportation may not expend the bond proceeds, except as the committee determines.

SB21-SSA1,1525,16 (b) Notwithstanding paragraph (a), the joint committee on finance may not approve the use of more than $200,000,000 in state debt under section 20.866 (2) (uuu) of the statutes in fiscal year 2015-16.

SB21-SSA1,1525,23 (c) For fiscal year 2016-17, the modification amount is equal to the amount by which total state revenues for the transportation fund as shown in the annual fiscal report for fiscal year 2015-16 exceed $1,661,562,400, except that the modification amount may not exceed $150,000,000. Notwithstanding paragraph (a), the total amount of debt authorization under section 20.866 (2) (uuu) of the statutes that the joint committee on finance may approve in fiscal year 2016-17 is reduced by the modification amount.

SB21-SSA1,1526,3 (d) Principal and interest costs incurred in financing major highway and rehabilitation projects under section 20.866 (2) (uuu) of the statutes shall be paid as follows:

SB21-SSA1,1526,6 1. For costs related to the first $175,000,000 in state debt incurred under section 20.866 (2) (uuu) of the statutes, from the appropriation under section 20.395 (6) (ae) of the statutes.

SB21-SSA1,1526,10 2. For costs related to state debt incurred under section 20.866 (2) (uuu) of the statutes other than that described under subdivision 1., from the appropriations under section 20.395 (6) (ae) or (av) of the statutes, as the joint committee on finance directs in approving a request under paragraph (a).

SB21-SSA1,1526,23 (e) If the modification amount under paragraph (c) is greater than zero, the department of transportation may submit a request to the joint committee on finance to supplement appropriations under section 20.395 (3) (bq) and (cq) of the statutes for additional major highway development or state highway rehabilitation funding up to the amount of the modification amount. If the cochairpersons of the joint committee on finance do not notify the department of transportation within 14 working days after the submission of the request that the committee intends to schedule a meeting to review the request, the appropriations shall be supplemented as requested. If, within 14 working days after the date of the submission of the request, the cochairpersons of the committee notify the department that the committee intends to schedule a meeting for the purpose of reviewing the request, the appropriations requested to be supplemented shall not be supplemented, except as the committee determines.

SB21-SSA1,1526,24 (f) This subsection does not apply after June 30, 2017.

SB21-SSA1,1527,7 (2f) General transportation aid payment to the village of Lake Hallie. Notwithstanding any provision of section 86.30 of the statutes relating to amount of or eligibility for aids payments under that section, in the 2015-16 fiscal year, from the appropriation under section 20.395 (1) (ar) of the statutes, as affected by this act, the department of transportation shall make an aid payment of $168,700 to the village of Lake Hallie in Chippewa County to correct a prior aid payment by the department.

SB21-SSA1,1527,18 (3f) Payments to replace young road bridge in the town of Seneca. Notwithstanding eligibility requirements for receiving aid or limitations on the amount and use of aid provided under section 84.18 of the statutes, in the 2015-16 fiscal year, from the appropriation under section 20.395 (2) (eq) of the statutes, as affected by this act, the department of transportation shall provide to the town of Seneca in Wood County a grant of $85,000, or an amount equal to the share of the total project cost paid by the town of Seneca, whichever is less, for the replacement of the Young Road Bridge in the town of Seneca. The grant under this subsection shall be paid from amounts allocated under section 20.395 (2) (eq) of the statutes, as affected by this act, for bridge development, construction, and rehabilitation under section 84.18.

SB21-SSA1,1527,19 (4f) Freight optimization modeling report.

SB21-SSA1,1528,6 (a) The department of transportation and the Wisconsin Economic Development Corporation shall conduct a study and prepare a report analyzing possible applications of freight optimization modeling for the purposes of economic development and transportation infrastructure prioritization in the state. The report shall include a description of how the department and the Wisconsin Economic Development Corporation would use freight optimization consultant services for the purposes of economic development and transportation infrastructure prioritization and a recommendation regarding the use of available funding for contracting with one or more consultants for providing freight optimization modeling services. No later than June 30, 2016, the department and the Wisconsin Economic Development Corporation shall complete the study and submit the report to the joint committee on finance.

SB21-SSA1,1528,13 (b) The department of transportation may submit together with the report under paragraph (a) a request under section 13.10 of the statutes to supplement the appropriation under section 20.395 (4) (bk) of the statutes from the appropriation under section 20.865 (4) (a) of the statutes for the purpose of contracting with a consultant for freight optimization modeling. Notwithstanding section 13.101 (3) (a) of the statutes, the joint committee on finance is not required to find that an emergency exists prior to making a supplementation under this paragraph.

SB21-SSA1,1528,20 (5f) Transportation fund solvency study. The department of transportation shall study methods of improving the solvency of the transportation fund and, not later than January 1, 2017, shall submit to the joint committee on finance a report detailing the use of funds allocated for this study, describing the study that was conducted, including the results and conclusions of the study, and making recommendations for statutory modifications needed to improve the solvency of the transportation fund.

SB21-SSA1,9146 Section 9146. Nonstatutory provisions; Treasurer.

SB21-SSA1,9147 Section 9147. Nonstatutory provisions; University of Wisconsin Hospitals and Clinics Authority.

SB21-SSA1,9148 Section 9148. Nonstatutory provisions; University of Wisconsin System.

SB21-SSA1,1529,7 (2d) Procurement policies. The Board of Regents shall submit to the joint committee on finance its procurement policies required under section 36.11 (56m) (b) of the statutes. The joint committee on finance shall submit its approval of the procurement policies to the legislative reference bureau. Upon receipt of the approval, the legislative reference bureau shall publish the approval as a notice in the Wisconsin Administrative Register that states the date on which the approval was submitted.

SB21-SSA1,1529,8 (3d) General purpose revenue allocation.

SB21-SSA1,1529,11 (a) In this subsection, "institution" has the meaning given in section 36.05 (9) of the statutes, and includes the extension, as defined in section 36.05 (7) of the statutes.