Amendment ASA1-AB1035

GMM:jld:rs

2005 - 2006 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2005 ASSEMBLY BILL 1035

March 9, 2006 - Offered by Representatives Kreibich and Hahn.

AB1035-ASA1,1,8 An Act to renumber 36.11 (27); and to create 36.11 (27) (b) and 39.28 (7) of the statutes; relating to: making a postsecondary student who has been convicted of possessing, with intent to manufacture, distribute, or deliver, or of manufacturing, distributing, or delivering, a controlled substance or controlled substance analog based on conduct that occurred during a period of enrollment for which the postsecondary student was receiving any state financial assistance ineligible for state financial assistance and granting rule-making authority.

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 following a previous conviction for such a crime 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 substitute amendment makes a postsecondary student who is convicted of possessing, with intent to manufacture, distribute, or deliver, or of manufacturing, distributing, or delivering, 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 following a previous conviction for such a crime 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.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1035-ASA1, s. 1 Section 1. 36.11 (27) of the statutes is renumbered 36.11 (27) (a).

AB1035-ASA1, s. 2 Section 2. 36.11 (27) (b) of the statutes is created to read:

AB1035-ASA1,2,13 36.11 (27) (b) 1. Subject to subd. 3., the board may not provide any financial assistance under this chapter to a person for a period of 2 years following the date on which the person is convicted of manufacturing, distributing, or delivering a controlled substance or controlled substance analog under s. 961.41 (1); of possessing, with intent to manufacture, distribute, or deliver, a controlled substance or controlled substance analog under s. 961.41 (1m); or of possessing, with intent to manufacture, distribute, or deliver, or of manufacturing, distributing, or delivering, a controlled substance or controlled substance analog under a substantially similar federal law or a substantially similar law of another state based on conduct that occurred during a period of enrollment for which the person was receiving any financial assistance from the board or from the higher educational aids board.

AB1035-ASA1,3,6 2. Subject to subd. 3., the board may not provide any financial assistance under this chapter to a person for an indefinite period following the date on which the person is convicted of a violation specified in subd. 1. that is based on conduct that occurred during a period of enrollment for which the person was receiving any financial assistance from the board or from the higher educational aids board, if the person has a previous conviction for a violation specified in subd. 1.

AB1035-ASA1,3,13 3. A person who is ineligible for financial assistance under subd. 1. or 2. may resume eligibility for that assistance before the end of the ineligibility period if the conviction is reversed, set aside, or vacated or if the person satisfactorily completes a drug rehabilitation program that complies with such criteria as the board may prescribe in policies established by the board for purposes of this subdivision and that includes 2 unannounced tests for the presence of controlled substances or controlled substance analogs in the person's system.

AB1035-ASA1, s. 3 Section 3. 39.28 (7) of the statutes is created to read:

AB1035-ASA1,4,2 39.28 (7) (a) Subject to par. (c), the board may not provide any financial assistance under this subchapter to a person for a period of 2 years following the date on which the person is convicted of manufacturing, distributing, or delivering a controlled substance or controlled substance analog under s. 961.41 (1); of possessing, with intent to manufacture, distribute, or deliver, a controlled substance or controlled substance analog under s. 961.41 (1m); or of possessing, with intent to manufacture, distribute, or deliver, or of manufacturing, distributing, or delivering, a controlled substance or controlled substance analog under a substantially similar federal law or a substantially similar law of another state based on conduct that occurred during a period of enrollment for which the person was receiving any financial assistance from the board or from the Board of Regents of the University of Wisconsin System.

AB1035-ASA1,4,9 (b) Subject to par. (c), the board may not provide any financial assistance under this subchapter to a person for an indefinite period following the date on which the person is convicted of a violation specified in par. (a) that is based on conduct that occurred during a period of enrollment for which the person was receiving any financial assistance from the board or from the Board of Regents of the University of Wisconsin System, if the person has a previous conviction for a violation specified in par. (a).

AB1035-ASA1,4,16 (c) A person who is ineligible for financial assistance under par. (a) or (b) may resume eligibility for that assistance before the end of the ineligibility period if the conviction is reversed, set aside, or vacated or if the person satisfactorily completes a drug rehabilitation program that complies with such criteria as the board may prescribe in rules promulgated by the board for purposes of this paragraph and that includes 2 unannounced tests for the presence of controlled substances or controlled substance analogs in the person's system.

AB1035-ASA1, s. 4 Section 4. Initial applicability.

AB1035-ASA1,4,19 (1) This act first applies to financial assistance provided for a period of enrollment that begins after the effective date of this subsection.

AB1035-ASA1,4,20 (End)