16.009(2)(p)4.
4. Providing individual case advocacy assistance regarding the appropriate interpretation of statutes, rules or regulations.
16.009(2)(p)5.
5. Providing individual case advocacy services in administrative hearings and legal representation for judicial proceedings regarding family care services or benefits.
16.009(3)(a)
(a) Contract with any state agency to carry out the board's activities.
16.009(3)(bm)
(bm) Employ an attorney for provision of legal services in accordance with requirements of the long-term care ombudsman program under
42 USC 3027 (a) (12) and
42 USC 3058g (g).
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 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.
16.04
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. The department shall incorporate the fuel usage policies under
s. 16.045 (4m) in any policies or guidelines developed under this paragraph.
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(1e)
(1e) Subsection (1) does not preclude the Board of Regents of the University of Wisconsin System from accepting a gift of a motor vehicle.
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,
237,
238, or
279.
16.045 Note
NOTE: Par. (a) is shown as affected by
2011 Wis. Acts 10 and
229 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
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:
16.045(1)(b)10.
10. Any other fuel except gasohol that the department of natural resources finds to be composed substantially of material other than petroleum, the use of which would yield substantial environmental benefits.
16.045(1)(c)
(c) "Biodiesel fuel" means a fuel that is comprised of monoalkyl esters of long chain fatty acids derived from vegetable oils or animal fats, either in pure form or mixed in any combination with petroleum-based diesel fuel.
16.045(1)(cm)
(cm) "Flex fuel vehicle" means a vehicle designed to operate on gasoline, a blend of a fuel marketed as gasoline and 85 percent ethanol or a higher percentage of ethanol, or a mixture of gasoline and that blend.
16.045(1)(d)
(d) "Gasohol" means any motor fuel containing at least 10% alcohol 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.
16.045(1)(e)
(e) "Hybrid-electric vehicle" means a vehicle that has a chemically fueled internal combustion engine which is capable of operating on gasoline, one or more alternative fuels, or diesel fuel, or by means of a gas turbine, and is also equipped with an electric motor and an energy storage device.
16.045(2)
(2) The department shall, whenever feasible and cost-effective, encourage agencies to store no motor fuel except gasohol or alternative fuel in facilities maintained by the agencies for the storage of fuel for and the refueling of state-owned or state-leased vehicles. This subsection does not authorize construction or operation of such facilities.
16.045(3)
(3) The department shall, by the most economical means feasible, place a copy of the current list of gasohol and alternative fuel refueling facilities received from the department of agriculture, trade and consumer protection under
s. 100.265 in each state-leased motor vehicle that is stored on state property for more than 7 days and in each state-owned motor vehicle. The department shall also make reasonable efforts to inform state officers and employees whose responsibilities make them likely to be using motor vehicles in connection with state business of the existence and contents of the list maintained under
s. 100.265 and of any revisions thereto. The department may distribute the list or information relating to the list with salary payments or expense reimbursements to state officers and employees.
16.045(4)
(4) The department shall, whenever feasible and cost-effective, encourage all state employees to utilize hybrid-electric vehicles or vehicles that operate on gasohol or alternative fuel for all state-owned or state-leased motor vehicles whenever such utilization is feasible. However, the department shall not lease or purchase any hybrid-electric vehicle, or authorize the lease or purchase of any hybrid-electric vehicle, unless the manufacturer certifies to the department that final assembly of the vehicle occurred in the United States.
