STATEMENT TO

[First Reprint]

ASSEMBLY, No. 12

with Assembly Floor Amendments

(Proposed By Assemblywoman VANDERVALK)

ADOPTED: DECEMBER 12, 1996

      These amendments clarify the provisions of section 13 of the bill, which outlines the sponsor's limited liability and the bar to suit by co-participants and employees of the sponsor. Participation in community work experience or alternative work experience shall be a surrender of the participant's rights to any method or amount of compensation other than that provided for in section 12 of the bill (provides the method of compensation for injury). In case of death, this provision also binds the recipients' spouse and next of kin, as well as the sponsor and those conducting business during bankruptcy or insolvency. Amendments revise the definition of "sponsor" and in so doing include any department or agency of the State as a sponsor. This would limit the State's liability to the provisions of section 12, 13, and 14 of the bill.

      Amendments also provide that except in the case of an intentional wrong, if an injury or death is compensable under section 12 of the bill, a recipient shall not be liable to anyone at common law or otherwise on account of such injury or death for any act or omission occurring while the recipient was participating in community work experience or alternative work experience, and shall not be liable to another recipient or employee of any sponsor.

      Additional amendments require that the program shall calculate compensation based on the amount of cash assistance benefits, and provide that the commissioner shall not be precluded from deferring a recipient from work activity because of temporary disability. Also, for the purposes of the "Law Against Discrimination," the sponsor, and not the program, shall be deemed the employer.