Resolution 12821CITY OF ALAMEDA RESOLUTION NO. '12821
SUPPORTING PROPOSITION 213
(THE PERSONAL RESPONSIBILITY ACT OF 1996)
WHEREAS, many cities, counties and other local government
agencies are often subjected to lawsuits because they are
considered "deep pocket" resources; and
WHEREAS, lawsuits can be brought against local government
agencies by convicted felons who sustain accidental injuries
while committing or fleeing from a crime; and
WHEREAS, local governments must choose between defending
themselves in court at a significant cost to taxpayers, or even
though they are not at fault, settle with a plaintiff in order to
save taxpayer dollars; and
WHEREAS, in 1985 a state law was enacted to prevent felons
from recovering monetary awards for accidental, non intentional
injuries they sustained while committing their crimes; and
WHEREAS, the 1985 law exempts several dangerous crimes, such
as carjacking, resisting a peace officer, hate crimes, assault
with a deadly weapon with use of a firearm, arson and child
molestation; and
WHEREAS, the 1985 law protects only property owners, which
enables felons to recover monetary damages from innocent
bystanders, business owners, and even local governments; and
WHEREAS, under current law drunk drivers and uninsured
motorists can sue law-abiding citizens for huge monetary awards
in addition to being compensated for medical and other expenses; F
and
WHEREAS, these suits cost Californians at least $327 million
every year; and
WHEREAS, drunk drivers cost Californians in terms of lost
lives, serious injuries to family members and friends and higher
insurance premiums; and
WHEREAS, in 1994, 1,488 people were killed in crashes caused
by drunk drivers and 39,437 people were injured in collisions
involving drunk drivers; and
WHEREAS, on average, nearly 30% of all drivers on the.road
in California are uninsured, and in some parts of California, the
percentage of uninsured drivers is as high as 93%; and
WHEREAS, law-abiding citizens already pay $1 billion in
Uninsured Motorist insurance every year; and
WHEREAS, Proposition 213 will prohibit convicted felons from
suing law-abiding citizens, businesses and governments to pay for
accidental injuries they sustain while committing or fleeing from
their crimes; and
WHEREAS, Proposition 213 will prevent convicted drunk
drivers and uninsured motorists from suing law-abiding citizens
for huge monetary awards for pain and suffering (non-economic
damages) while preserving their rights to recover medical and
other out-of-pocket expenses if they are involved in a collision;
and
WHEREAS, Proposition 213 will take the "profit" out of
crime.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Alameda that the City Council hereby supports Proposition 213
(The Personal Responsibility Act of 1996) and urges the
legislature to support any and all legislation which will assist
cities in their attempts to minimize lawsuits.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to forward a Certified Copy of this Resolution to
Californians for Personal Responsibility, 915 "L" Street, Suite
1050, Sacramento, California 95814.
I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by the Council
of the City of Alameda in regular meeting assembled on the 17th
day of September , 1996, by the following vote to wit:
AYES: Councilmembers Arnerich, DeWitt and
President Appezzato - 3.
NOES: None.
ABSENT: Councilmember Lucas - 1.
ABSENTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 18th day of September , 1996.