HomeMy WebLinkAboutCommon Council of the City of South Bend in Support of Senate Bill No. 260 Addressing Slap LegislationRESOLUTION
NO. 2562 -98
Passed by the Common Council of the City of South Bend, Indiana
February 23, 19 98
Clerk
President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
February
24,
ou
City Clerk
Approved and signed by me ,(J 'T _ 19 / g-.
Mayor
RESOLUTION NO. c25 QQj b
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA- IN SUPPORT OF SENATE BILL NO, 260 ADDRESSING SLAP LEGISLATION
'IlD1W940, the South Bend Common Council acknowledges that Senator Bill Alexa, a
Democrat from Valparaiso, Indiana, introduced Senate Bill No. 260, as amended by the sponsor,
which would basically provide an individual, who acts to further his or her constitutional rights
under the state and federal constitutions, with immunity from civil liability arising out of that
person's act; and
W btrtas, Senate Bill No. 260 would also permit an individual to file a motion to dismiss
a claim in a judicial proceeding on the grounds that the claim is an act for which the person is
immune from liability; and further provides that if an individual who files a successful motion to
dismiss a claim may petition the government to recover: actual or compensatory damages, court
costs, punitive damages and attorney fees; and
VbtrtBB, since the original introduction of Senate Bill No. 260, the following State
Senators have been added as coauthors of the Bill, namely: Senators Landske, Bowser, Dempsey,
Howard, Kenley, Meeks, Simpson, Young, Waterman, Wyss, Breaux, and Zakas; and the
following State Representatives have been added as coauthors, namely: Representatives: Kruzan,
Ayres, Alevizos, and Lytle; and
'I11 bt"40, fifteen (15) states currently have legislation in effect similar to that proposed in
Senate Bill 260, which if passed, would become effective on July 1, 1998; and
'O btVtOO, this bipartisan measure was unanimously reported out of the Rules Committee
and was passed by the Senate by a vote of 49 to 1.
310W, Zvi dOrt, fit It 19061%0 by the Common Council of the City of South
Bend, Indiana, as follows:
Section 1. The Common Council of the City of South Bend, Indiana, urges the Indiana
General Assembly to pass Senate Bill No. 260 commonly known as the "SLAP" legislation.
Section H. The South Bend Common Council believes that the amended version of
Senate Bill No. 260 would help level the playing field for all citizens who wish to exercise their
inalienable rights under the federal and state constitutions. The Bill would help protect such
individuals from the threat of legal and financial intimidation which currently requires such persons
to defend themselves in resulting lawsuits brought against them by governmental agencies, and
incurring all of the related costs for attorney fees and out -of- pocket expenses of such litigation.
Section III. The Common Council of the City of South Bend, Indiana, directs the City
Clerk to distribute copies of this resolution to Governor Frank O'Bannon, Lieutenant Governor
Joseph E. Keman and to members of the Indiana General Assembly representing the City of South
Bend, so that they know the position of the South Bend Common Council on this important
constitutional issue.
Section IV. This Resolution shall be in full force and effect and a r i adoption
by the Common )Council ano approval by the Mayor.
ames Aranowski, First District Andrew Ujdak, Sixth istrict
Fourth
Stephen J. Luecke, Mayor