Amendment SSA1-AB75

AB75-SSA1,1463,14 342.17 (4) (b) 1. (intro.) The department shall transfer the decedent's interest in any vehicle to his or her surviving spouse or domestic partner under ch. 770 upon receipt of the title executed by the surviving spouse or domestic partner and a statement by the spouse or domestic partner which shall state:

AB75-SSA1,1463,16 c. That the spouse or domestic partner is personally liable for the decedent's debts and charges to the extent of the value of the vehicle, subject to s. 859.25.

AB75-SSA1,1463,20 4. The limit in subd. 3. does not apply if the surviving spouse or domestic partner is proceeding under s. 867.03 (1g) and the total value of the decedent's property subject to administration in the state, including the vehicles transferred under this paragraph, does not exceed $50,000.

AB75-SSA1, s. 2906 Section 2906. 342.19 (2) of the statutes is renumbered 342.19 (2) (a) (intro.) and amended to read:

AB75-SSA1,1463,24 342.19 (2) (a) (intro.) Except as provided in sub. (2m), a security interest is perfected in one of the following ways:

AB75-SSA1,1464,4 1. If the secured party is an individual or a person exempted by rule under s. 342.245 (3), by the delivery to the department of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the secured party, and the required fee. It

AB75-SSA1,1464,5 (b) A security interest is perfected as of the later of the following:

AB75-SSA1,1464,8 1. The time of its delivery or the to the department of the certificate of title if perfection occurs under par. (a) 1. or of the application if perfection occurs under par. (a) 2.

AB75-SSA1,1464,9 2. The time of the attachment of the security interest.

AB75-SSA1, s. 2907 Section 2907. 342.19 (2) (a) 2. of the statutes is created to read:

AB75-SSA1,1464,14 342.19 (2) (a) 2. Except as provided in s. 342.245 (3), if the secured party is not an individual, by the filing of a security interest statement containing the name and address of the secured party, and payment of the required fee, in the manner specified in s. 342.245 (1).

AB75-SSA1, s. 2908 Section 2908. 342.20 (2) of the statutes is amended to read:

AB75-SSA1,1464,20 342.20 (2) The secured party shall immediately cause the certificate, application, and the required fee to be mailed or delivered to the department, except that if the secured party is not an individual or a person exempted by rule under s. 342.245 (3), the secured party shall follow the procedure specified in ss. 342.19 (2) (a) 2. and 342.245 (1) and (2).

AB75-SSA1, s. 2909 Section 2909. 342.20 (3) of the statutes is amended to read:

AB75-SSA1,1465,5 342.20 (3) Upon receipt of the certificate of title, application, and the required fee, or upon receipt of the security interest statement and required fee if the secured party has utilized the process specified in s. 342.245 (1), the department shall issue to the owner a new certificate containing the name and address of the new secured party. The department shall deliver to such new secured party and to the register of deeds of the county of the owner's residence, memoranda, in such form as the department prescribes, evidencing the notation of the security interest upon the certificate; and thereafter, upon any assignment, termination or release of the security interest, additional memoranda evidencing such action.

AB75-SSA1, s. 2910 Section 2910. 342.22 (1) of the statutes is renumbered 342.22 (1) (intro.) and amended to read:

AB75-SSA1,1465,12 342.22 (1) (intro.) Within one month or within 10 days following written demand by the debtor after there is no outstanding obligation and no commitment to make advances, incur obligations or otherwise give value, secured by the security interest in a vehicle under any security agreement between the owner and the secured party, the secured party shall do one of the following:

AB75-SSA1,1465,20 (a) If the secured party is an individual or a person exempted by rule under s. 342.245 (3), execute and deliver to the owner, as the department prescribes, a release of the security interest in the form and manner prescribed by the department and a notice to the owner stating in no less than 10-point boldface type the owner's obligation under sub. (2). If the secured party fails to execute and deliver the release and notice of the owner's obligation as required by this subsection paragraph, the secured party is liable to the owner for $25 and for any loss caused to the owner by the failure.

AB75-SSA1, s. 2911 Section 2911. 342.22 (1) (b) of the statutes is created to read:

AB75-SSA1,1465,25 342.22 (1) (b) If the secured party is not described in par. (a), deliver to the department a release of the security interest in the manner specified in s. 342.245 (1) and deliver to the owner a notice stating that the release has been provided to the department.

AB75-SSA1, s. 2912 Section 2912. 342.22 (2) of the statutes is amended to read:

AB75-SSA1,1466,9 342.22 (2) The An owner, other than a dealer holding the vehicle for resale, upon receipt of the release and notice of obligation delivered under sub. (1) (a) shall promptly cause the certificate and release to be mailed or delivered to the department, which shall release the secured party's rights on the certificate and issue a new certificate. Upon receipt of the notice under sub. (1) (b), the owner may, in the form and manner prescribed by the department and without additional fee, deliver an application and the certificate of title to the department and the department shall issue a new certificate of title free of the security interest notation.

AB75-SSA1, s. 2913 Section 2913. 342.245 of the statutes is created to read:

AB75-SSA1,1466,15 342.245 Electronic processing of certain applications. (1) Except as provided in sub. (3), a secured party shall file a security interest statement and pay the fee under s. 342.19 (2) (a) 2. and deliver a release of a security interest under s. 342.22 (1) (b) utilizing an electronic process prescribed by the department under sub. (4).

AB75-SSA1,1466,18 (2) Upon receipt of a certificate of title as provided in s. 342.20 (1), a person required to file a security interest statement under sub. (1) shall destroy the certificate of title.

AB75-SSA1,1466,23 (3) The department may, by rule, exempt a person or a type of transaction from the requirements of sub. (1). Any person who is exempted under this subsection shall pay a fee to the department for processing applications submitted by the person under s. 342.19 (2) (a) 1. and releases submitted under s. 342.22, utilizing a process other than an electronic process.

AB75-SSA1,1466,25 (4) The department shall promulgate rules to implement and administer this section.

AB75-SSA1, s. 2915p Section 2915p. 343.03 (3) (f) of the statutes is amended to read:

AB75-SSA1,1467,6 343.03 (3) (f) Probationary license. If s. 343.085 applies, the license shall be labeled "Probationary" or a readily recognizable abbreviation thereof instead of as provided in par. (a) or (c) and, if the license is a driver card, in addition to as provided in par. (g). This paragraph does not apply to a license authorizing the operation of commercial motor vehicles.

AB75-SSA1, s. 2915r Section 2915r. 343.03 (3) (g) of the statutes is created to read:

AB75-SSA1,1467,10 343.03 (3) (g) Driver card. A license issued under s. 343.09 shall be labeled "Driver Card" or a readily recognizable abbreviation thereof and shall satisfy the requirements specified in s. 343.09 (2).

AB75-SSA1, s. 2916 Section 2916. 343.03 (7) (c) of the statutes is amended to read:

AB75-SSA1,1467,20 343.03 (7) (c) Within 10 days after a conviction of the holder of a commercial driver license issued by another jurisdiction for violating any state law or local ordinance of this state or any law of a federally recognized American Indian tribe or band in this state in conformity with any state law relating to motor vehicle traffic control, other than parking violations, or after a conviction of the holder of an operator's license issued by another jurisdiction, other than a commercial driver license, for any such violation while operating a commercial motor vehicle without a commercial driver license, the department shall notify the driver licensing agency of the jurisdiction that issued the license of the conviction.

AB75-SSA1, s. 2916b Section 2916b. 343.06 (1) (c) of the statutes is amended to read:

AB75-SSA1,1468,20 343.06 (1) (c) To any person under age 18 unless the person is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency, or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g), and has satisfactorily completed a course in driver education in public schools approved by the department of public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools that meet the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state and has attained the age of 16, except as provided in s. 343.07 (1g). The department shall not issue a license to any person under the age of 18 authorizing the operation of "Class M" vehicles unless the person has successfully completed a basic rider course approved by the department. The department may, by rule, exempt certain persons from the basic rider course requirement of this paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the driver education, basic rider or driver training course requirement. The secretary shall prescribe rules for licensing of schools and instructors to qualify under this paragraph. The driver education course shall be made available to every eligible student in the state. Except as provided under s. 343.16 (1) (bm) and (c) and (2) (cm) to (e), no operator's license may be issued unless a driver's examination has been administered by the department.

AB75-SSA1, s. 2916j Section 2916j. 343.06 (1) (c) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB75-SSA1,1469,21 343.06 (1) (c) To any person under age 18 unless the person is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency, or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g), and has satisfactorily completed a course in driver education in public schools approved by the department of public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools that meet the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state and has attained the age of 16, except as provided in s. 343.07 (1g) and (1j). The department shall not issue a license to any person under the age of 18 authorizing the operation of "Class M" vehicles unless the person has successfully completed a basic rider course approved by the department. The department may, by rule, exempt certain persons from the basic rider course requirement of this paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the driver education, basic rider or driver training course requirement. The secretary shall prescribe rules for licensing of schools and instructors to qualify under this paragraph. The driver education course shall be made available to every eligible student in the state. Except as provided under s. 343.16 (1) (bm) and (c) and (2) (cm) to (e), no operator's license may be issued unless a driver's examination has been administered by the department.

AB75-SSA1, s. 2916je Section 2916je. 343.07 (1j) of the statutes is created to read:

AB75-SSA1,1470,11 343.07 (1j) Permit for driver card applicants. Upon application therefor by a person at least 15 years and 6 months of age who, except for age or lack of training in the operation of a motor vehicle, is qualified to obtain a driver card under s. 343.09 and has passed such knowledge test as the department may require, the department may issue a driver card instruction permit. The permit entitles the permittee to operate a "Class D" vehicle upon the highways. A permittee under this subsection is subject to all of the restrictions specified in sub. (1g) (a) to (e), except that, with respect to sub. (1g) (a) (intro.), a permittee under this subsection may be accompanied by a person who holds a driver card issued under s. 343.09 or by a person who holds a valid regular license. An applicant under this subsection is subject to all applicable fees specified in s. 343.21 (1). A driver card instruction permit shall satisfy all requirements for driver cards specified in s. 343.09 (2) and any provision specified in s. 343.09 (6) shall not apply with respect to a driver card instruction permit.

AB75-SSA1, s. 2916jm Section 2916jm. 343.07 (7) (a) and (b) of the statutes are amended to read:

AB75-SSA1,1470,16 343.07 (7) (a) Notwithstanding s. 343.43 (1) (d) and (3m), any person who violates sub. (1g) (a), (bm), or (d), (1j), or (4) (b) 1. or 2. shall be required to forfeit $50 for the first offense and not less than $50 nor more than $100 for each subsequent offense.

AB75-SSA1,1470,19 (b) Upon receiving notice of a person's conviction for a violation of sub. (1g) (a), (bm), or (d), (1j), or (4) (b) 1. or 2., the department shall notify any adult sponsor who has signed for the person under s. 343.15 (1) of the conviction.

AB75-SSA1, s. 2916js Section 2916js. 343.085 (2m) (a) 1. b. of the statutes is amended to read:

AB75-SSA1,1470,22 343.085 (2m) (a) 1. b. A person who meets the requirements under s. 343.07 (1g) (a) or (1j).

AB75-SSA1, s. 2916k Section 2916k. 343.09 of the statutes is created to read:

AB75-SSA1,1471,3 343.09 Driver cards. (1) Except as provided in s. 343.06 (1) (a) to (k) and (m), the department shall issue a driver card to any applicant who meets all of the following requirements:

AB75-SSA1,1471,7 (a) Notwithstanding s. 343.085 (1) (b), the applicant is at least 18 years of age, unless the applicant has held an instruction permit issued under s. 343.07 (1j) for not less than 6 months and, during the 6-month period immediately preceding application, has not committed a moving violation resulting in a conviction.

AB75-SSA1,1471,9 (b) The applicant meets all requirements under s. 343.16 (1) (a) for issuance of an operator's license authorizing operation of "Class D" vehicles.

AB75-SSA1,1471,10 (c) The applicant provides proof of identity.

AB75-SSA1,1471,12 (d) The applicant provides proof that he or she has been a resident for at least 6 months.

AB75-SSA1,1471,14 (e) The applicant is unable to provide the documentary proof described in s. 343.14 (2) (er).

AB75-SSA1,1471,16 (f) The applicant provides a valid individual taxpayer identification number issued by the federal Internal Revenue Service.

AB75-SSA1,1471,17 (g) The applicant is not eligible to receive a social security number.

AB75-SSA1,1471,18 (h) The applicant has paid all applicable fees.

AB75-SSA1,1471,25 (2) Driver cards shall clearly state on their face in bold lettering, and shall also be encoded in the cards' machine readable zone, that they may not be accepted by any federal agency for federal identification or any other official purpose. Driver cards shall have a unique design or color indicator that clearly distinguishes them from other operator's licenses or identification cards issued by the department and that alerts federal agency and other law enforcement personnel that they may not be accepted for federal identification or any other official purpose.

AB75-SSA1,1472,3 (3) A driver card issued under this section authorizes the operation of only "Class D" vehicles and may not be endorsed to permit operation of the vehicle types described in s. 343.04 (2).

AB75-SSA1,1472,10 (4) Notwithstanding s. 343.20 (1) (a), a driver card issued under this section shall expire 2 years from the date of the applicant's last birthday and, upon renewal, shall expire 2 years from the driver card's last expiration date. Notwithstanding the 8-year period specified in ss. 343.14 (3) and 343.16 (3) (a), a driver card may not be renewed unless the applicant, every 2 years, passes the eyesight examination specified in s. 343.16 (3) (a) and has his or her photograph taken as provided in s. 343.14 (3).

AB75-SSA1,1472,12 (5) An applicant under this section is subject to the full applicable fees specified in s. 343.21 (1), without proration based upon the valid period of the driver card.

AB75-SSA1,1472,17 (6) Sections 343.06 (1) (L), 343.14 (2) (bm), (br), (em), and (er), 343.20 (1) (f) and (1m), and 343.234 do not apply with respect to a driver card issued under this section, and the incorporation or reference of any of these provisions in another statutory unit shall not result in the application of any of these provisions with respect to a driver card.

AB75-SSA1,1472,22 (7) The department shall promulgate rules specifying the standards for the issuance of driver cards, including standards for proof of residency and for proof of identification. These rules shall also apply to driver card instruction permits under s. 343.07 (1j). The department shall, by rule, specify applicable moving violations for purposes of sub. (1) (a).

AB75-SSA1, s. 2916r Section 2916r. 343.09 (1) (e), (6) and (7) of the statutes, as created by 2009 Wisconsin Act .... (this act), are amended to read:

AB75-SSA1,1473,3 343.09 (1) (e) The applicant is unable to provide the documentary proof described in s. 343.14 (2) (er) (es) or otherwise satisfy the requirements under s. 343.165.

AB75-SSA1,1473,8 (6) Sections 343.03 (3m), 343.06 (1) (L), 343.14 (2) (bm), (br), (em), and (er) (es), 343.165, 343.20 (1) (f) and (1m), and 343.234 do not apply with respect to a driver card issued under this section, and the incorporation or reference of any of these provisions in another statutory unit shall not result in the application of any of these provisions with respect to a driver card.

AB75-SSA1,1473,16 (7) The department shall promulgate rules specifying the standards for the issuance of driver cards, including standards for proof of residency and for proof of identification. These rules shall also apply to driver card instruction permits under s. 343.07 (1j). The department shall, by rule, specify applicable moving violations for purposes of sub. (1) (a). The department may not promulgate any rule that has the effect of imposing document storage and verification requirements similar to those under s. 343.165 in connection with the issuance of driver cards or driver card instruction permits.

AB75-SSA1, s. 2917 Section 2917. 343.15 (4) (a) 3. of the statutes is amended to read:

AB75-SSA1,1473,20 343.15 (4) (a) 3. A person who is a ward of the state, county, or court and who has been placed in a foster home or a treatment foster home or in the care of a religious welfare service.

AB75-SSA1, s. 2917g Section 2917g. 343.16 (1) (a) of the statutes is amended to read:

AB75-SSA1,1475,6 343.16 (1) (a) General. The Except when examination by a 3rd-party tester is permitted under pars. (b) to (c), the department shall examine every applicant for an operator's license, including applicants for license renewal as provided in sub. (3), and every applicant for authorization to operate a vehicle class or type for which the applicant does not hold currently valid authorization, other than an instruction permit. Except as provided in sub. (2) (cm) and (e), the examinations of applicants for licenses authorizing operation of "Class A", "Class B", "Class C", "Class D" or "Class M" vehicles shall include both a knowledge test and an actual demonstration in the form of a driving skills test of the applicant's ability to exercise ordinary and reasonable control in the operation of a representative vehicle. The department shall not administer a driving skills test to a person applying for authorization to operate "Class M" vehicles who has failed 2 previous such skills tests unless the person has successfully completed a rider course approved by the department. The department may, by rule, exempt certain persons from the rider course requirement of this paragraph. The department may not require a person applying for authorization to operate "Class M" vehicles who has successfully completed a basic rider course approved by the department to hold an instruction permit under s. 343.07 (4) prior to the department's issuance of a license authorizing the operation of "Class M" vehicles. The department may not require a person applying for authorization to operate "Class M" vehicles who holds an instruction permit under s. 343.07 (4) to hold it for a minimum period of time before administering a driving skills test. The driving skills of applicants for endorsements authorizing the operation of commercial motor vehicles equipped with air brakes, the transportation of passengers in commercial motor vehicles or the operation of school buses, as provided in s. 343.04 (2) (b), (d) or (e), shall also be tested by an actual demonstration of driving skills. The department may endorse an applicant's commercial driver license for transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73, subject to s. 343.125, or for the operation of tank vehicles or vehicles towing double or triple trailers, as described in s. 343.04 (2) (a), (c) or (f), based on successful completion of a knowledge test. In administering the knowledge test, the department shall attempt to accommodate any special needs of the applicant. Except as may be required by the department for an "H" or "S" endorsement, the knowledge test is not intended to be a test for literacy or English language proficiency. This paragraph does not prohibit the department from requiring an applicant to correctly read and understand highway signs.

AB75-SSA1, s. 2917r Section 2917r. 343.16 (1) (b) (intro.) of the statutes is amended to read:

AB75-SSA1,1475,16 343.16 (1) (b) Third-party testing for commercial motor vehicle and school bus operators. (intro.) The department may contract with a person, including an agency or department of this state or its political subdivisions or another state, or a private employer of commercial motor vehicle drivers, to administer commercial motor vehicle skills tests required by 49 CFR 383.110 to 383.135, examinations required to be administered under s. 343.12 (2) (h), and abbreviated driving skills tests required by sub. (3) (b). The department may not enter into such testing contracts with a private driver training school or other private institution. A contract with a 3rd-party tester under this paragraph shall include all of the following provisions:

AB75-SSA1, s. 2918 Section 2918. 343.16 (1) (b) 2. of the statutes is amended to read:

AB75-SSA1,1475,21 343.16 (1) (b) 2. The department, the applicable federal highway administration agency, or its a representative of the applicable federal agency may conduct random examinations, inspections, and audits of the 3rd-party tester without any prior notice.

AB75-SSA1, s. 2918m Section 2918m. 343.16 (1) (bm) of the statutes is created to read:

AB75-SSA1,1476,3 343.16 (1) (bm) Third-party testing for other vehicle operators. The department may contract with any law enforcement agency, other than a local law enforcement agency of a municipality in which an examining station of the department is located, to administer knowledge, driving skills, and eyesight tests required by par. (a) and sub. (2) (b) and (c) for authorization to operate "Class D" vehicles. A contract with a 3rd-party tester under this paragraph shall include all of the following provisions:

AB75-SSA1,1476,5 1. All tests conducted by the 3rd-party tester shall be the same as those given by the department.

AB75-SSA1,1476,7 2. The department or its representative may conduct random examinations, inspections, and audits of the 3rd-party tester without any prior notice.

AB75-SSA1,1476,12 3. The department may conduct an on-site inspection of the 3rd-party tester to determine compliance with the contract and with department and federal standards for testing applicants for operators' licenses to operate "Class D" vehicles. The department may also evaluate testing given by the 3rd-party tester by one of the following means:

AB75-SSA1,1476,14 a. Department employees may take the tests actually administered by the 3rd-party tester as if the department employees were applicants.

AB75-SSA1,1476,16 b. The department may retest a sample of drivers who were tested by the 3rd-party tester to compare the pass and fail results.

AB75-SSA1,1476,21 4. Examiners of the 3rd-party tester shall meet the same qualifications and training standards as the department's license examiners to the extent established by the department as necessary to satisfactorily perform the knowledge, driving skills, and eyesight tests required by par. (a) and sub. (2) (b) and (c) for authorization to operate "Class D" vehicles.

AB75-SSA1,1477,2 5. The department shall take prompt and appropriate remedial action against the 3rd-party tester in the event that the tester fails to comply with department or federal standards for testing for operators' licenses to operate "Class D" vehicles or with any provision of the contract, including immediate termination of testing by the 3rd-party tester.

AB75-SSA1, s. 2920g Section 2920g. 343.17 (1) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-SSA1,1477,7 343.17 (1) License issuance. Subject to s. ss. 343.09 and 343.165, the department shall issue an operator's license and endorsements, as applied for, to every qualifying applicant who has paid the required fees.

AB75-SSA1, s. 2920r Section 2920r. 343.17 (3) (a) 14. of the statutes is created to read:

AB75-SSA1,1477,10 343.17 (3) (a) 14. For a driver card issued under s. 343.09, the information specified in s. 343.09 (2).

AB75-SSA1, s. 2920t Section 2920t. 343.19 (1) of the statutes is amended to read:

AB75-SSA1,1477,25 343.19 (1) If a license issued under this chapter or an identification card issued under s. 343.50 is lost or destroyed or the name or address named in the license or identification card is changed or the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies, the person to whom the license or identification card was issued may obtain a duplicate thereof or substitute therefor upon furnishing proof satisfactory to the department of name and date of birth and that the license or identification card has been lost or destroyed or that application for a duplicate license or identification card is being made for a change of address or name or because the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies. If Except with respect to a driver card or driver card instruction permit, if the applicant is a male who is at least 18 years of age but less than 26 years of age, the application shall include the information required under s. 343.14 (2) (em). If the original license or identification card is found it shall immediately be transmitted to the department. Duplicates of nonphoto licenses shall be issued as nonphoto licenses.

AB75-SSA1, s. 2920u Section 2920u. 343.19 (1) of the statutes, as affected by 2007 Wisconsin Act 20 and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75-SSA1,1478,15 343.19 (1) If a license issued under this chapter or an identification card issued under s. 343.50 is lost or destroyed or the name or address named in the license or identification card is changed or the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies, the person to whom the license or identification card was issued may obtain a duplicate thereof or substitute therefor upon furnishing proof satisfactory to the department of full legal name and date of birth and that the license or identification card has been lost or destroyed or that application for a duplicate license or identification card is being made for a change of address or name or because the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies. Except with respect to a driver card or driver card instruction permit, if the applicant is a male who is at least 18 years of age but less than 26 years of age, the application shall include the information required under s. 343.14 (2) (em). If the original license or identification card is found it shall immediately be transmitted to the department.