LRB-0966/1
GMM:kjf:pg
2007 - 2008 LEGISLATURE
February 26, 2007 - Introduced by Senators Leibham, Lazich, Cowles, Roessler,
Kanavas, Schultz
and Darling, cosponsored by Representatives Hahn,
LeMahieu, Van Roy, Lothian, Nygren, Suder, Kerkman, Ziegelbauer,
Pridemore, Vukmir, Zipperer, A. Ott, Nass, Albers, Townsend, Bies, M.
Williams, Vos, Petrowski
and Roth. Referred to Committee on Agriculture
and Higher Education.
SB67,1,8 1An Act to renumber 36.11 (27); and to create 36.11 (27) (b) and 39.28 (7) of the
2statutes; relating to: making a postsecondary student who has been convicted
3of possessing, with intent to manufacture, distribute, or deliver, or of
4manufacturing, distributing, or delivering, a controlled substance or controlled
5substance analog based on conduct that occurred during a period of enrollment
6for which the postsecondary student was receiving any state financial
7assistance ineligible for state financial assistance and granting rule-making
8authority.
Analysis by the Legislative Reference Bureau
Under current federal law, a postsecondary student who is convicted of a state
or federal crime involving the sale of a controlled substance for conduct that occurred
during a period of enrollment for which the postsecondary student was receiving any
federal grant, loan, or work assistance is ineligible to receive any federal grant, loan,
or work assistance for a period of two years from the date of the conviction, and a
postsecondary student who is convicted of such a crime based on that conduct
following a previous conviction for such a crime based on that conduct is ineligible
to receive any federal grant, loan, or work assistance, indefinitely, unless the student
satisfactorily completes a drug rehabilitation program or the conviction is reversed,
set aside, or otherwise rendered nugatory.

This bill makes a postsecondary student who is convicted of manufacturing,
distributing, or delivering, or of possessing, with intent to manufacture, distribute,
or deliver, a controlled substance or controlled substance analog under the law of this
state or a substantially similar federal law or law of another state based on conduct
that occurred during a period of enrollment for which the postsecondary student was
receiving any state financial assistance provided by the Higher Education Aids
Board or the Board of Regents of the University of Wisconsin System (state financial
assistance) ineligible to receive any state financial assistance for a period of two
years following the conviction, and a postsecondary student who is convicted of such
a crime based on that conduct following a previous conviction for such a crime based
on that conduct ineligible for state financial assistance for an indefinite period,
unless the student satisfactorily completes a drug rehabilitation program or the
conviction is reversed, set aside, or vacated.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB67, s. 1 1Section 1. 36.11 (27) of the statutes is renumbered 36.11 (27) (a).
SB67, s. 2 2Section 2. 36.11 (27) (b) of the statutes is created to read:
SB67,2,123 36.11 (27) (b) 1. Subject to subd. 3., the board may not provide any financial
4assistance under this chapter to a person for a period of 2 years following the date
5on which the person is convicted of manufacturing, distributing, or delivering a
6controlled substance or controlled substance analog under s. 961.41 (1) or under a
7substantially similar federal law or law of another state or of possessing, with intent
8to manufacture, distribute, or deliver, a controlled substance or controlled substance
9analog under s. 961.41 (1m) or under a substantially similar federal law or law of
10another state based on conduct that occurred during a period of enrollment for which
11the person was receiving any financial assistance from the board or from the higher
12educational aids board.
SB67,3,513 2. Subject to subd. 3., the board may not provide any financial assistance under
14this chapter to a person for an indefinite period following the date on which the

1person is convicted of a violation specified in subd. 1. that is based on conduct that
2occurred during a period of enrollment for which the person was receiving any
3financial assistance from the board or from the higher educational aids board, if the
4person has a previous conviction for a violation specified in subd. 1. based on that
5conduct.
SB67,3,126 3. A person who is ineligible for financial assistance under subd. 1. or 2. may
7resume eligibility for that assistance before the end of the ineligibility period if the
8conviction is reversed, set aside, or vacated or if the person satisfactorily completes
9a drug rehabilitation program that complies with such criteria as the board may
10prescribe in policies established by the board for purposes of this subdivision and
11that includes 2 unannounced tests for the presence of controlled substances or
12controlled substance analogs in the person's system.
SB67, s. 3 13Section 3. 39.28 (7) of the statutes is created to read:
SB67,3,2314 39.28 (7) (a) Subject to par. (c), the board may not provide any financial
15assistance under this subchapter to a person for a period of 2 years following the date
16on which the person is convicted of manufacturing, distributing, or delivering a
17controlled substance or controlled substance analog under s. 961.41 (1) or under a
18substantially similar federal law or law of another state or of possessing, with intent
19to manufacture, distribute, or deliver, a controlled substance or controlled substance
20analog under s. 961.41 (1m) or under a substantially similar federal law or a
21substantially similar law of another state based on conduct that occurred during a
22period of enrollment for which the person was receiving any financial assistance from
23the board or from the Board of Regents of the University of Wisconsin System.
SB67,4,524 (b) Subject to par. (c), the board may not provide any financial assistance under
25this subchapter to a person for an indefinite period following the date on which the

1person is convicted of a violation specified in par. (a) that is based on conduct that
2occurred during a period of enrollment for which the person was receiving any
3financial assistance from the board or from the Board of Regents of the University
4of Wisconsin System, if the person has a previous conviction for a violation specified
5in par. (a) based on that conduct.
SB67,4,126 (c) A person who is ineligible for financial assistance under par. (a) or (b) may
7resume eligibility for that assistance before the end of the ineligibility period if the
8conviction is reversed, set aside, or vacated or if the person satisfactorily completes
9a drug rehabilitation program that complies with such criteria as the board may
10prescribe in rules promulgated by the board for purposes of this paragraph and that
11includes 2 unannounced tests for the presence of controlled substances or controlled
12substance analogs in the person's system.
SB67, s. 4 13Section 4. Initial applicability.
SB67,4,1514 (1) This act first applies to financial assistance provided for a period of
15enrollment that begins after the effective date of this subsection.
SB67,4,1616 (End)
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