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RESOLUTION NO. c25 QQj b
<br />A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
<br />INDIANA- IN SUPPORT OF SENATE BILL NO, 260 ADDRESSING SLAP LEGISLATION
<br />'IlD1W940, the South Bend Common Council acknowledges that Senator Bill Alexa, a
<br />Democrat from Valparaiso, Indiana, introduced Senate Bill No. 260, as amended by the sponsor,
<br />which would basically provide an individual, who acts to further his or her constitutional rights
<br />under the state and federal constitutions, with immunity from civil liability arising out of that
<br />person's act; and
<br />W btrtas, Senate Bill No. 260 would also permit an individual to file a motion to dismiss
<br />a claim in a judicial proceeding on the grounds that the claim is an act for which the person is
<br />immune from liability; and further provides that if an individual who files a successful motion to
<br />dismiss a claim may petition the government to recover: actual or compensatory damages, court
<br />costs, punitive damages and attorney fees; and
<br />VbtrtBB, since the original introduction of Senate Bill No. 260, the following State
<br />Senators have been added as coauthors of the Bill, namely: Senators Landske, Bowser, Dempsey,
<br />Howard, Kenley, Meeks, Simpson, Young, Waterman, Wyss, Breaux, and Zakas; and the
<br />following State Representatives have been added as coauthors, namely: Representatives: Kruzan,
<br />Ayres, Alevizos, and Lytle; and
<br />'I11 bt"40, fifteen (15) states currently have legislation in effect similar to that proposed in
<br />Senate Bill 260, which if passed, would become effective on July 1, 1998; and
<br />'O btVtOO, this bipartisan measure was unanimously reported out of the Rules Committee
<br />and was passed by the Senate by a vote of 49 to 1.
<br />310W, Zvi dOrt, fit It 19061%0 by the Common Council of the City of South
<br />Bend, Indiana, as follows:
<br />Section 1. The Common Council of the City of South Bend, Indiana, urges the Indiana
<br />General Assembly to pass Senate Bill No. 260 commonly known as the "SLAP" legislation.
<br />Section H. The South Bend Common Council believes that the amended version of
<br />Senate Bill No. 260 would help level the playing field for all citizens who wish to exercise their
<br />inalienable rights under the federal and state constitutions. The Bill would help protect such
<br />individuals from the threat of legal and financial intimidation which currently requires such persons
<br />to defend themselves in resulting lawsuits brought against them by governmental agencies, and
<br />incurring all of the related costs for attorney fees and out -of- pocket expenses of such litigation.
<br />Section III. The Common Council of the City of South Bend, Indiana, directs the City
<br />Clerk to distribute copies of this resolution to Governor Frank O'Bannon, Lieutenant Governor
<br />Joseph E. Keman and to members of the Indiana General Assembly representing the City of South
<br />Bend, so that they know the position of the South Bend Common Council on this important
<br />constitutional issue.
<br />Section IV. This Resolution shall be in full force and effect and a r i adoption
<br />by the Common )Council ano approval by the Mayor.
<br />ames Aranowski, First District Andrew Ujdak, Sixth istrict
<br />Fourth
<br />Stephen J. Luecke, Mayor
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