LRB-2192/1
MGG:kjf:jf
2011 - 2012 LEGISLATURE
October 24, 2011 - Introduced by Representative Weininger, cosponsored by
Senator Cowles. Referred to Committee on Homeland Security and State
Affairs.
AB336,1,2
1An Act to amend 945.01 (5) (b) 2. h. of the statutes;
relating to: opportunities
2to win prizes that are received by employees as compensation from employers.
Analysis by the Legislative Reference Bureau
Under current statutory law, a person is engaged in gambling if he or she places
a bet or participates in or conducts a lottery. The Wisconsin Constitution and current
statutory law prohibit gambling except for the state lottery, charitable bingo,
charitable raffles, and pari-mutuel wagering.
Current law exempts from the definition of "bet" an agreement under which an
employee is given an opportunity to win a prize, the award of which is determined
by chance, in return for referring a potential customer to his or her employer for
goods or services offered by the employer. Current law defines "lottery" as an
enterprise in which, in exchange for consideration, the participants are given an
opportunity to win a prize, the award of which is determined by chance even though
it may be accompanied by some skill. Consideration in general is something of value.
For purposes of the definition of "lottery," consideration does not include the
situation where an employee refers to his or her employer a potential customer but
only if the employee is not receiving compensation for the referral. Under the bill,
such a referral is outside the definition of consideration regardless of whether the
employee receives any compensation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB336, s. 1
1Section
1. 945.01 (5) (b) 2. h. of the statutes is amended to read:
AB336,2,62
945.01
(5) (b) 2. h. An employee referring a person to the employee's employer
3to purchase goods or services from the employer, or identifying for the employer a
4person who may purchase goods or services from the employer,
if regardless of
5whether the employee who makes the referral or identification is
not compensated
6in any manner for the referral or identification.
