Ayes, 5 - Senators
Baumgart, Hansen, Wirch, Cowles and Schultz.
Noes, 0 - None.
Miyamoto, Douglas "Bub" M.,
of La Crosse, as a member of the Lower Wisconsin State Riverway Board, to serve for the term ending May 1, 2004.
Confirmation.
Ayes, 5 - Senators
Baumgart, Hansen, Wirch, Cowles and Schultz.
Noes, 0 - None.
Jim Baumgart
Chairperson
The committee on Human Services and Aging reports and recommends:
Senate Bill 128
Relating to: requiring health insurance policies to cover contraceptive articles and services.
Passage.
Ayes, 4 - Senators
Robson, Moore, Wirch and Hansen.
Noes, 2 - Senators
Roessler and Welch.
Referred to joint committee on
Finance pursuant to Senate Rule
41 (1)(e)
Relating to: funding for food pantries, granting rule-making authority, and making an appropriation.
Passage.
Ayes, 4 - Senators
Robson, Moore, Wirch and Hansen.
Noes, 2 - Senators
Welch and Kanavas.
Senate Bill 96
Relating to: regulation of social workers, advanced practice social workers, independent social workers, clinical social workers, marriage and family therapists, professional counselors, and art, music, and dance therapists, insurance coverage for services provided by clinical social workers, marriage and family therapists, professional counselors, granting rule-making authority, and providing a penalty.
Senate substitute amendment 1 adoption.
Ayes, 5 - Senators
Robson, Moore, Wirch, Hansen and Kanavas.
Noes, 1 - Senator
Welch.
Passage as amended.
Ayes, 5 - Senators
Robson, Moore, Wirch, Hansen and Kanavas.
Noes, 1 - Senator
Welch.
Judith Robson
Chairperson
__________________
executive order #24
Relating to the Governor's Pardon Advisory Board
WHEREAS, Article V, Section 6 of the Wisconsin Constitution vests in the Governor the exclusive and discretionary power to grant pardons, commutations and reprieves; and
WHEREAS, it is advantageous to the clemency applicants, the public and the Governor to have an informed review of each application for clemency; and
WHEREAS, such an informed review may ably be performed by a board of advisors; and
WHEREAS, all concerned will benefit from a uniform application process;
NOW, THEREFORE, I, SCOTT McCALLUM,
Governor of the State of Wisconsin, by the authority vested in me by the Constitution and laws of this state, and specifically by Section 14.019 of the Wisconsin Statutes, do hereby re-create the Governor's Pardon Advisory Board according to the following guidelines:
1.
Membership. The Governor's Pardon Advisory Board shall consist of no more than seven members who serve a term of one year at the pleasure of the Governor.
(a)
One member shall be appointed by the Governor to represent the Attorney General.
(b)
One member shall be appointed by the Governor to represent the Secretary of the Department of Corrections.
(c)
The Governor's Legal Counsel or his/her designee shall be a voting member and shall chair the board.
2.
Functions and Operations. The Board shall review applications for executive clemency and make recommendations to the Governor as to each.
(a)
Hearings
(1)
The Board shall hold a public hearing on each qualifying application at which hearing the applicant shall be heard.
(2)
Hearings shall be held subject to the discretion of the chair, at a date and place set at least two weeks in advance of the hearing.
(b)
Recommendations to the Governor
(1)
After a hearing is concluded, the Board shall meet in closed executive session, as permitted by Wiscosin Stats. s.
19.85(1)(a), to arrive at a recommendation on the application. Four members constitute a quorum for executive action by the board.
(2)
The factors the Board shall weigh in its decision include, but are not limited to, the severity of the offense, the time passed since discharge or conviction, the applicant's need for clemency and the applicant's activities and conduct since the offense.
(3)
The chair shall convey to the Governor in writing the Board's recommendation for each application, along with dissenting recommendations, if any, and reasons given for each.
3.
Manner and Form of Applications
(a)
Scope
(1)
These rules shall govern all applications for any form of clemency by an person except infividuals currently incarcerated.
(2)
All applications for any form of clemency to which these rules do not apply shall be governed by Wisconsin Statutes Sections
304.08 through
304.11.
(b)
Form and Contents
(1)
Applications for any form of Clemency shall be in writing, signed by the person seeking clemency, notarized by a notary public and submitted to the Governor.
(2)
Applications shall contain the following information:
a.
the name of the applicant
b.
the applicant's current address and mailing address if different
c.
the applicant's date of birth
d.
the exact form of clemency sought
e.
the conviction(s) from which relief is sought
f.
the court that imposed sentence (county and branch)
g.
the date of sentencing
h.
the sentence imposed
i.
the place of incarceration (if applicable)
j.
a description, in the applicant's own words, of the circumstances of the crime
k.
a statement of any facts which the applicant believes justify clemency, including activities since conviction, employment history and information pertaining to the applicant's need for clemency
l.
subsequent contacts with law enforcement
m.
whether the applicant has applied for clemency in the past and what date the application was decided by the Governor
S375
(3)
The Governor, through the office of Legal Counsel, may set other conditions, requirements and procedures in relation to the application process, including but not limited to, prerequisites and conditions for applying for clemency.
(c)
Service of Notice
(1)
The applicant shall serve on the judge of the court of conviction and on the district attorney of the county of conviction, a notice of application which shall contain the information required in the application by s. 3(b) of this order.
(2)
Service of notice may be by mail, but the Governor's office must be given proof of service by providing a copy of the notice as signed or stamped by the person upon whom notice was served.
(d)
Court Records
(1)
The applicant shall obtain and provide to the Governor's Office certified copies of the following court records for all convictions for which the person is seeking clemency:
a.
The indictiment, information or complaint; and
b.
The judgment of conviction and sentencing
(2)
If copies of any of the required court records are unavailable, the applicant shall submit to the Governor's Office a letter from the clerk of courts of the county of conviction stating that copies are unavailable.
(e)
An application shall be complete when it contains the information and documents required by subsections (a), (b) and (c) of this section.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Wiscoinsin to be affixed. Done at the Capitol in the City of Madison this twelfth day of September in the year two thousand and one.
SCOTT McCALLUM
Governor
By the governor:
DOUGLAS LA FOLLETTE
Secretary of State
