Legislature(1997 - 1998)
1998-05-07 Senate Journal
Full Journal pdf1998-05-07 Senate Journal Page 3851 SR 3 SENATE RESOLUTION NO. 3 Requesting Bruce M. Botelho, Attorney General of the State of Alaska, to appoint a special prosecutor to investigate the possible misuse of the Alaska Public Safety Information Network, was read the second time and was before the Senate on final passage. 1998-05-07 Senate Journal Page 3852 SR 3 Senator Ellis offered Amendment No. 1 : Page 1, line 3, following "Network": Insert "and information involving the Alaska Public Safety Information Network" Page 2, following line 15: Insert "WHEREAS Attorney General Bruce Botelho has determined that release of certain APSIN information by the Senate Judiciary Committee on March 30, 1998, was in violation of the law, and that prosecution for that offense may be possible because the legislature may have waived its legislative immunity as to that matter; and WHEREAS Attorney General Bruce Botelho has refrained for the present from reviewing the illegal release of APSIN information by the Senate Judiciary Committee, pending consideration by the legislature of its own inquiry into the matter; and" Page 2, line 26: Delete "." Insert "; and be it FURTHER RESOLVED that the Alaska State Senate respectfully and urgently requests Bruce M. Botelho, Attorney General of the State of Alaska, to appoint a special prosecutor to investigate the possible misuse of APSIN information by the Senate Judiciary Committee and its staff, and to bring any criminal charges under AS24.60.060 or civil actions under AS24.60.970 that may be appropriate; this clause constitutes an express waiver of immunity under art. II, sec. 6, Constitution of the State of Alaska." Senator Ellis moved for the adoption of Amendment No. 1. Senator Taylor objected. Senators Pearce, Parnell, Taylor, Ellis moved and asked unanimous consent that they be allowed to abstain from voting because of a conflict of interest. Objections were heard and they were required to vote. 1998-05-07 Senate Journal Page 3853 SR 3 Senator Pearce moved and asked unanimous consent that President Miller be allowed to abstain from voting because of a conflict of interest. Objections were heard and President Miller was required to vote. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: SR 3 Amendment No. 1 YEAS: 5 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, Amendment No. 1 failed. The question being: Shall SENATE RESOLUTION NO. 3 Requesting Bruce M. Botelho, Attorney General of the State of Alaska, to appoint a special prosecutor to investigate the possible misuse of the Alaska Public Safety Information Network, pass the Senate? The roll was taken with the following result: SR 3 Final Passage YEAS: 14 NAYS: 5 EXCUSED: 0 ABSENT: 1 Yeas: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward Nays: Duncan, Ellis, Hoffman, Lincoln, Wilken Absent: Adams and so, SENATE RESOLUTION NO. 3 passed the Senate and was referred to the Secretary for engrossment and enrollment.