Legislature(1997 - 1998)

1997-04-29 Senate Journal

Full Journal pdf

1997-04-29                     Senate Journal                      Page 1546
SB 60                                                                        
SENATE BILL NO. 60 An Act providing for an advisory vote on                    
the issue of capital punishment was read the second time.                      
                                                                               
Senator Ellis offered Amendment No. 1 :                                         
                                                                               
Page 1, line 8:                                                                
	Delete Shall                                                                  
	Insert  If the Alaska State Legislature enacts a law                          
providing for capital punishment for murder, the following additional          
annual fiscal cost to the following result.                                    
		(INSERT FISCAL COSTS)                                                        
	Considering this, shall                                                       
Page 1, following line 12:                                                     
	Insert a new bill section to read:                                            
	*Sec 2.  Each department that expects to be affected by the                   
enactment of a law providing for capital punishment for murder in              
the first degree shall submit an estimate of that fiscal impact to the         
lieutenant governor not less than 180 days before the time the                 
question in sec. 1 of the Act will appear on the ballot.  The                  
lieutenant governor shall insert those estimates into the question at          
the place shown in sec. 1 of this Act.                                         
                                                                               
Senator Ellis moved for the adoption of Amendment No. 1.  Senator              
Taylor objected.                                                               
                                                                               
The question being: Shall Amendment No. 1 be adopted?  The roll                
was taken with the following result:                                           

1997-04-29                     Senate Journal                      Page 1547
SB 60                                                                        
                                                                               
SB 60                                                                          
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  6   NAYS:  11   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Mackie, Wilken                           
                                                                               
Nays:  Donley, Halford, Leman, Miller, Parnell, Pearce, Phillips,              
Sharp, Taylor, Torgerson, Ward                                                 
                                                                               
Excused:  Green, Kelly, Lincoln                                                
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 2 :                                        
                                                                               
Page 1, line 1 through line 12,                                                
	Delete all material.                                                          
	Insert:  An Act directing an advisory vote on whether the                     
Alaska State Legislature should provide by law for life imprisonment           
without the possibility of parole for the crime of murder in the first         
degree or provide by law for the death penalty for the crime of                
murder in the first degree or retain the existing penalty for the crime        
of murder in the first degree.                                                 
                                                                               
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF                               
ALASKA:                                                                        
                                                                               
Section 1.  ADVISORY VOTE AUTHORIZED.  The lieutenant                          
governor shall place before the qualified voters of the state at the           
next statewide general election the question advisory to the                   
legislature of whether the legislature should provide by law for life          
imprisonment without the possibility of parole for the crime of                
murder in the first degree, whether the legislature should provide by          
law for the death penalty for the crime of murder in the first degree,         
or whether the legislature should retain the existing penalty for the          
crime of murder in the first degree.  The question shall appear on             
the ballot in substantially the following form:                                
                                                                               

1997-04-29                     Senate Journal                      Page 1548
SB 60                                                                        
QUESTION                                                                       
Which of the following alternatives should the legislature provide by          
law for the crime of murder in the first degree?                               
                                                                               
[  á  Life imprisonment without the possibility of parole                      
[  á  Death penalty                                                            
[  á  Retain the 20-99 year sentence in current law                            
                                                                               
Senator Duncan moved for the adoption of Amendment No. 2.                      
Senator Taylor objected.                                                       
                                                                               
The question being: Shall Amendment No. 2 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SB 60                                                                          
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  5   NAYS:  12   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Mackie                                   
                                                                               
Nays:  Donley, Halford, Leman, Miller, Parnell, Pearce, Phillips,              
Sharp, Taylor, Torgerson, Ward, Wilken                                         
                                                                               
Excused:  Green, Kelly, Lincoln                                                
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
Senator Adams offered Amendment No. 3 :                                         
                                                                               
Page 1, line 8:                                                                
	Delete "Shall"                                                                
	Insert "Knowing that the death penalty has been applied                       
disproportionately to Alaska Natives and other minorities historically         
in Alaska and the other states that have, or have had, a death                 
penalty, shall"                                                                
                                                                               
Senator Adams moved for the adoption of Amendment No. 3.                       
Senator Taylor objected.                                                       
                                                                               

1997-04-29                     Senate Journal                      Page 1549
SB 60                                                                        
The question being: Shall Amendment No. 3 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SB 60                                                                          
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  5   NAYS:  12   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Mackie                                   
                                                                               
Nays:  Donley, Halford, Leman, Miller, Parnell, Pearce, Phillips,              
Sharp, Taylor, Torgerson, Ward, Wilken                                         
                                                                               
Excused:  Green, Kelly, Lincoln                                                
                                                                               
and so, Amendment No. 3 failed.                                                
                                                                               
SENATE BILL NO. 60 will appear on the April 30 calendar.