16.009(4)(a)(a) The board shall operate the office in order to carry out the requirements of the long-term care ombudsman program under
42 USC 3027 (a) (12) (A) and
42 USC 3058f to
3058h. The executive director of the board shall serve as ombudsman under the office. The executive director of the board may delegate operation of the office to the staff employed under
sub. (2) (a), as designated representatives of the ombudsman.
16.009(4)(b)
(b) The ombudsman or his or her designated representative may have the following access to clients, residents and long-term care facilities:
16.009(4)(b)1.a.
a. At any time without notice, enter, and have immediate access to a client or resident in, a long-term care facility.
16.009(4)(b)1.b.
b. Communicate in private, without restriction, with a client or resident.
16.009(4)(b)1.c.
c. Except as provided in
subd. 1. d., have access to and review records that pertain to the care of the resident if the resident or his or her guardian has consented or if the resident has no guardian and is unable to consent.
16.009(4)(b)1.d.
d. With the consent of a resident or his or her legal counsel, have access to and review records that pertain to the care of the resident, as specified in
s. 49.498 (5) (e).
16.009(4)(b)1.e.
e. Have access to and review records of a long-term care facility as necessary to investigate a complaint if the resident's guardian refuses to consent; if the ombudsman or designated representative has reason to believe that the guardian is not acting in the best interests of the resident; and, for investigation only by a designated representative, if the designated representative obtains the approval of the ombudsman.
16.009(4)(b)1.f.
f. Have access to those administrative records, policies and documents of a long-term care facility to which the resident or public has access.
16.009(4)(b)1.g.
g. Have access to and, on request, be furnished copies of all licensing or certification records maintained by the department of health and family services with respect to regulation of a long-term care facility.
16.009(4)(b)2.
2. The ombudsman shall receive, upon request to a long-term care facility, the name, address and telephone number of the guardian, legal counsel or immediate family member of any resident.
16.009(4)(d)
(d) A long-term care facility or personnel of a long-term care facility that disclose information as authorized under this subsection are not liable for that disclosure.
16.009(4)(e)
(e) Information of the office relating to a client, complaints or investigations under the program may be disclosed only at the discretion of the ombudsman or his or her designated representative. The identity of a client or named witness or of a resident who is not a client may be revealed under this paragraph only if one of the following conditions is met:
16.009(4)(e)1.
1. Under written authorization by the client, witness or resident or his or her guardian, if any.
16.009(4)(e)2.
2. Under the lawful order of a court of competent jurisdiction.
16.009(5)(a)1.
1. Discharge or otherwise retaliate or discriminate against any person for contacting, providing information to or otherwise cooperating with any representative of the board.
16.009(5)(a)2.
2. Discharge or otherwise retaliate or discriminate against any person on whose behalf another person has contacted, provided information to or otherwise cooperated with any representative of the board.
16.009(5)(b)
(b) Any person who violates
par. (a) may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
16.009(5)(d)
(d) Any employee who is discharged or otherwise retaliated or discriminated against in violation of
par. (a) may file a complaint with the department of workforce development under
s. 106.54 (5).
16.009(5)(e)
(e) Any person not described in
par. (d) who is retaliated or discriminated against in violation of
par. (a) may commence an action in circuit court for damages incurred as a result of the violation.
16.01
16.01
Women's council. 16.01(1)(1) In this section, "agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, and any authority created under
subch. II of ch. 114 or
ch. 231,
233 or
234.
16.01(2)(a)
(a) Identify the barriers that prevent women in this state from participating fully and equally in all aspects of life.
16.01(2)(b)
(b) Conduct statewide hearings on issues of concern to women.
16.01(2)(c)
(c) Review, monitor and advise all state agencies regarding the impact upon women of current and emerging state policies, procedures, practices, laws and administrative rules.
16.01(2)(d)
(d) Work closely with all state agencies, including the University of Wisconsin System and the technical college system, with the private sector and with groups concerned with women's issues to develop long-term solutions to women's economic and social inequality in this state.
16.01(2)(e)
(e) Recommend changes to the public and private sectors and initiate legislation to further women's economic and social equality and improve this state's tax base and economy.
16.01(2)(f)
(f) Disseminate information on the status of women in this state.
16.01(2)(g)
(g) Submit a biennial report on the women's council's activities to the governor and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
s. 13.172 (3).
16.01(3)
(3) All state agencies, including the University of Wisconsin System and the technical college system, shall fully cooperate with and assist the women's council. To that end, a representative of a state agency shall, upon request by the women's council:
16.01(3)(a)
(a) Provide information on program policies, procedures, practices and services affecting women.
16.01(3)(b)
(b) Present recommendations to the women's council.
16.01(3)(c)
(c) Attend meetings and provide staff assistance needed by the women's council.
16.01(3)(d)
(d) Inform the agency's appointing authority of issues concerning the women's council.
16.02
16.02
Acid deposition research council. 16.02(1)
(1) The acid deposition research council shall perform all of the following functions:
16.02(1)(a)
(a) Recommend objectives for acid deposition research in this state.
16.02(1)(b)
(b) Recommend the types of and priorities for acid deposition research.
16.02(1)(c)
(c) Evaluate mechanisms for funding and recommend funding levels for acid deposition research.
16.02(1)(d)
(d) Review all research reports relating to acid deposition requested by or submitted to the council.
16.02(2)
(2) The acid deposition research council shall, by July 1 of each even-numbered year, submit a report of its work summarizing its recommendations under
sub. (1) (a) to
(c) and the results of the research reviewed under
sub. (1) (d) and shall file the report with the governor, the secretary, the chairperson of the natural resources board and the chief clerk of each house of the legislature for distribution to the appropriate standing committees under
s. 13.172 (2).
16.02 History
History: 1985 a. 296;
1987 a. 403 s.
256.
16.023
16.023
Wisconsin land council. 16.023(1)
(1) The Wisconsin land council shall conduct the following functions:
16.023(1)(a)
(a) Identify state land use goals and recommend these goals to the governor.
16.023(1)(b)
(b) Identify state land use priorities to further the state's land use goals and recommend to the governor legislation to implement these priorities.
16.023(1)(c)
(c) Study areas of cooperation and coordination in the state's land use statutes and recommend to the governor legislation to harmonize these statutes to further the state's land use goals.
16.023(1)(d)
(d) Study areas of the state's land use statutes that conflict with each other and recommend to the governor legislation to resolve these conflicts to further the state's land use goals.
16.023(1)(e)
(e) Identify areas of the state's land use statutes that conflict with county or municipal land use ordinances, and areas of county or municipal land use ordinances that conflict with each other, and recommend to the governor legislation to resolve these conflicts.
16.023(1)(f)
(f) Establish a technical working group that is composed of the state cartographer, a representative of the University of Wisconsin System who has expertise in land use issues and any other land use experts designated by the council's chairperson, to study the development of a computer-based Wisconsin land information system and recommend to the governor legislation to implement such a computer system.
16.023(1)(g)
(g) Establish a state agency resource working group that is composed of representatives of the departments of administration, agriculture, trade and consumer protection, commerce, natural resources, revenue, transportation and other appropriate agencies to discuss, analyze and address land use issues and related policy issues, including the following:
16.023(1)(g)1.
1. Gathering information about the land use plans of state agencies.
16.023(1)(g)2.
2. Establishing procedures for the distribution of the information gathered under
subd. 1. to other state agencies, local units of government and private persons.
16.023(1)(g)3.
3. The creation of a system to facilitate, and to provide training and technical assistance for the development of, local intergovernmental land use planning.
16.023(1)(h)
(h) Study the activities of local units of government in the land use area to determine how these activities impact on state land use goals, and recommend to the governor legislation that fosters coordination between local land use activities and state land use goals.
16.023(1)(i)
(i) Identify procedures for facilitating local land use planning efforts, including training and technical assistance for local units of government, and recommend to the governor legislation to implement such procedures.
16.023(1)(j)
(j) Gather and analyze information about the land use activities in this state of the federal government and American Indian governments and inform the governor of the impact of these activities on state land use goals.
16.023(1)(k)
(k) Study any other issues that are reasonably related to the state's land use goals, including methods for alternative dispute resolution for disputes involving land use issues, and recommend to the governor legislation in the areas studied by the council that would further the state's land use goals.
16.023(1)(L)
(L) Gather information about land use issues, at its discretion, in any reasonable way, including the following:
16.023(1)(L)1.
1. Establishing a state-local government-private sector working group to study and advise the council on land use issues.
16.023(1)(L)2.
2. Holding public hearings or information meetings on land use issues.
16.023(1)(L)4.
4. Consulting with any person who is interested in land use issues.
16.023(1)(m)
(m) Enter into a memorandum of understanding with the land information board to ensure cooperation between the council and the board and to avoid duplication of activities.
16.023(2)
(2) In conjunction with the working group established under
sub. (1) (L) 1., the council shall, not later than one year after October 14, 1997, develop evaluation criteria for its functions under
sub. (1). The council shall complete a report that contains an evaluation of its functions and activities not later than September 1, 2004, and shall submit the report to the chief clerk of each house of the legislature, for distribution to the legislature under
s. 13.172 (2), and to the governor. The report shall also include a recommendation as to whether the council should continue in existence past its sunset date specified in
s. 15.107 (16) (e) and, if so, a recommendation as to whether any structural modifications should be made to the council's functions or to the state's land use programs.
16.023 History
History: 1997 a. 27;
2003 a. 33.
16.04
16.04
Fleet management and maintenance. 16.04(1)
(1) The department shall ensure optimum efficiency and economy in the fleet management and maintenance activities of all agencies as defined in
s. 16.52 (7). The department may:
16.04(1)(a)
(a) Develop uniform state policies and guidelines for vehicle and aircraft acquisition, use, maintenance, recording of operational and other costs, performance evaluation and replacement of vehicles and aircraft.
16.04(1)(am)
(am) Establish guidelines for the use by agencies of charter air travel or travel by private aircraft.
16.04(1)(b)
(b) Screen all requests for additional or replacement vehicle or aircraft acquisitions prior to forwarding the requests to the governor in accordance with
s. 20.915 (1).
16.04(1)(c)
(c) Maintain a current inventory of all state-owned or leased motor vehicles and aircraft.
16.04(1m)
(1m) When requested by the governor or the joint committee on finance, the department shall submit a report to the governor and the joint committee on finance on the details of all costs associated with fleet operations, based upon a statewide uniform cost accounting system.
16.04(2)
(2) Each agency which is authorized by the department may operate a vehicle or aircraft fleet. Each such agency shall assign a fleet manager who shall operate the agency's fleet in accordance with policies, guidelines and rules adopted by the department to implement this section.
16.04(3)
(3) Each fleet manager shall review the use of state-owned or leased vehicles or aircraft within his or her agency at least semiannually to determine whether usage criteria are being met. The department shall periodically audit the agencies' records relating to fleet operations and the use of state-owned or leased vehicles or aircraft.
16.04(4)
(4) The department shall provide central scheduling and dispatching of all air transportation on state-owned aircraft.
16.04(5)
(5) The department shall develop operational policies for all state employees who act as pilots-in-command of any state-owned aircraft, including, but not limited to, crew rest requirements, current flight training, flight checks and flight physical examinations.
16.045
16.045
Gasohol, alternative fuels, and hybrid-electric vehicles. 16.045(1)(a)
(a) "Agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in
subch. II of ch. 114 or
subch. III of ch. 149 or in
ch. 231,
232,
233,
234,
235, or
237.
16.045 Note
Note: Par. (a) is shown as affected by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c).
16.045(1)(b)
(b) "Alternative fuel" means any of the following fuels the use of which the department of natural resources finds would improve air quality as compared to the use of gasoline or petroleum-based diesel fuel:
