Capitol Connection
By State Senator Joe Leibham
November 22, 2011

 

 

Constituent Ideas Turn Into New Laws

 

One of the most enjoyable aspects of my job is to work with area residents or constituents to turn their legislative ideas into laws.  This is what the law making process is all about.  Local citizens identify concerns with current statutes or ideas for new laws and they work with and through their elected legislators to turn their proposals into law.

 

After months of work and effort, I am pleased to report that numerous proposals that were brought to my attention by local constituents have been signed into law by Governor Scott Walker.  Following is a listing of these ideas that are now law:

 

- Special Session (SS) Senate Bill (SB) 2 - Small Business Loan Guarantee Program:  This bill that was requested by numerous area small business people will allow more small businesses from across the state to be eligible to participate in the Small Business Loan Guarantee program that is administered by the Wisconsin Housing and Economic Development Authority (WHEDA).

 

Specifically, the bill will make the following four changes to the Small Business Loan Guarantee program:

 

  • Increases the amount of a loan that may be guaranteed under the program from $200,000 or 80% of the principal of the loan to $750,000 or 80% of the principal.
  • Expands the definition of a “small business” under the program from one that employs up to 50 full time employees to on that employs up to 250 full time employees. 
  • Removes the requirement that the owner of a business involved in the program be actively involved in said small business.
  • Background: The program services a number of family businesses.  Under current law, if a grandparent has the title to the business but is retired and the grandson operates the business, it would not be eligible.
  • Allows the program to be used by all start up small businesses in vacant downtown storefronts instead of just rural downtown storefronts.

 

Small businesses are the foundation of our state’s economy and many want to expand and create jobs but are unable to do so because of lending restrictions recently adopted by our federal government.  This bill will allow more small businesses to access necessary capital so they can grow and create jobs.  One of the best parts about the bill is that we don’t recreate the wheel.  We add greater flexibility to an already successful and creditable program.  The WHEDA program, which has been in place since 1991, does not rely on state dollars and has a loan repayment rate of almost 99%.

 

SB 242 – Updating Bed & Breakfast Regulations: This bill that was brought to my attention by Doug and Mary Kleinhans of Cedar Grove will give greater flexibility to individuals seeking to operate bed and breakfast establishments in Wisconsin.  Currently, Wisconsin law prevents a building built or modified after May 11, 1990 from being operated as a bed and breakfast facility.  SB 242 will eliminate the date and year currently specified in law, thereby allowing a newly built or remodeled home to be operated as a bed and breakfast business.

Senator Joe Leibham joins Representative Mike Endsley and Doug & Mary Kleinhans as Governor Scott Walker signs the Bed & Breakfast Bill into law.


Mr. & Mrs. Kleinhans asked me to work on this bill after they realized that a seemingly arbitrary requirement in current regulations prevented them from using their residence as a bed and breakfast.  This is a perfect example of a government regulation that makes no sense and has been prohibiting the development of small businesses in our state.  Since working on the bill, numerous other families and retired couples from across the state joined in the effort.  Each of them would like to invest their resources in a bed and breakfast business, create jobs and provide lodging opportunities, but are unable to do so because their property was constructed or modified after 1990. There is no logical reason for this date remaining in statute.  Therefore, SB 242 removes the date requirement and allows more people to accomplish their dream of opening a small business and creating jobs.  I enjoyed working with Representative Mike Endsley on this bill. 

 

SB 109 – Law Enforcement Injury Bill:  This proposal that I was asked to work on by Manitowoc Police Captain Scott Luchterhand and Police Chief Tony Dick will provide greater protections for law enforcement officers and jailers when on duty.  Specifically, the measure will allow suspects who, while knowingly resisting or obstructing arrest, cause an officer to suffer a soft tissue injury to be charged with a Class H felony.

Senator Joe Leibham visits with Manitowoc Police Chief Tony Dick after Governor Scott Walker signed the Law Enforcement Injury Bill into law.

Under current law, a person who, while knowingly resisting or obstructing a law enforcement officer, causes substantial bodily harm to a law enforcement officer is guilty of a Class H felony.  Current law defines substantial bodily harm as “a bodily injury that causes a laceration that requires stitches, staples, or a tissue adhesive; any fracture off a bone; a broken nose; a burn; a petechia; a temporary loss of consciousness, sight, or hearing; a concussion; or a loss or fracture of a tooth.”  SB 109 adds soft tissue injuries as defined as “an injury that requires medical attention to a tissue that connects, supports, or surrounds other structures and organs of the body and includes tendons, ligaments, fascia, skin, fibrous tissues, fat, synovial membranes, muscles, nerves, and blood vessels” to the list of injuries that would result in the commission of a felony.

 

The Manitowoc Police Department requested my assistance with this matter after a Manitowoc police officer sustained a torn meniscus while attempting to apprehend a suspect.  Initially, the department believed that such an injury was covered under the term ‘substantial bodily harm’ and therefore could result in felony charges for the suspect.  It was later learned through a decision of the Manitowoc District Attorney that the injury was not covered.

 

This new law seeks to provide greater protection for our law enforcement and correctional officers by sending a strong message that it is wrong to resist arrest and cause harm to our law enforcement personnel, regardless of the type of serious injury sustained.  I enjoyed working with Representative Mike Endsley and Representative Bob Ziegelbauer on this bill.  

 

Assembly Bill (AB) 102 – Crimes Against Children: This proposal that was initiated by a local family on behalf of their young daughter and granddaughter will add a five year imprisonment penalty enhancer for crimes against a child by a compensated child care provider.  Numerous other crimes relating to domestic abuse, drug use and hate crimes have penalty enhancers and this bill will make it clear that it is wrong to abuse a child that has been entrusted to your care.  I enjoyed working with Representative Dan LeMahieu on this bill.  

 

SB 49 – Tracking Immoral Conduct of Those Licensed to Teach – This proposal that was requested by a number of area school districts will require the Department of Public Instruction (DPI) to maintain the personnel record of an individual licensed to teach in our state and to make this information available to school districts that are considering hiring the individual.  School districts should have all the information they can before they hire an individual to teach or administer in our schools.  I enjoyed working with Representative Steve Kestell on this bill.

 

Again, each of these ideas was brought to my attention by an area constituent and all of the proposals have all now been signed into law.  I was pleased to work with them as their Senator and help lead their bill through the legislative process.  Five good examples of how the law making process still works in Wisconsin!

 

If you have an idea or proposal, please contact me and I would be happy to work with you!

 

As always, it has been a pleasure communicating with you. Please remember to communicate with me and share your input by calling 888-295-8750, writing to me at P.O. Box 7882, Madison, WI 53707-7882, or by e-mailing me at Sen.Leibham@legis.wisconsin.gov. You can also log on to the 9th Senate District on-line office at www.leibhamsenate.com.

It is an honor to work for and represent the residents of the 9th District in the State Senate.