320 JOURNAL OF THE SENATE [Feb. 17, to amend section two hundred forty-one point two (241.2), subsection two (2), Code 1958, so as to eliminate the requirement that applicants of aid to the. blind be a citizen of the United States or have made application for citizenship. Read first and second times and placed on the calendar. Senate File 309, by committee on social security, a bill for an act to repeal subsection five (5) of section two hundred forty-one point two (241.2), Code 1958, relating to the ineligibility of an applicant of aid to the blind if he at any time has solicited alms. Read first and second times and placed on the calendar. Senate File 310, by committee on social security, a bill for an act to amend section two hundred forty-one point twenty (241.20), Code 1958, and section two hundred forty-one point twenty-one (241.21), Code 1958, relating to the amount of participation by the county in the aid to the blind program. Read first and second times and placed on the calendar. Senate File 311, by Senators Prentis, Henry, Schroeder and Nolan, a bill for an act relating to the deposit of public funds not needed for current operating expense. Read first and second times and passed on file. Senate File 312, by Senators O'Malley, Miller, Wolf and Hoschek, a bill for an act to amend chapter six hundred five A (605A), Code 1958, to include municipal and superior court judges in the judicial retirement system and providing for contributions by such judges and the city and county of their respective court districts to finance their portion of the benefits. Read first and second times and passed on file. UNFINISHED BUSINESS On motion of Senator Shaff, Senate Joint Resolution 7, a joint resolution proposing to amend Article Five (V) of the Constitution of the State of Iowa relating to the supervisory and administrative control of the inferior courts by the Supreme Court; to the qualifications, selection, tenure, compensation, powers and duties of judicial nominating commission members, judges and other judicial officers; to the mandatory retirement with compensation of judges of the SuprE.'me and District Courts and to the termination of all courts inferior to the District Court unless otherwise provided by law, was taken up for further consideration. Digitized by Coogle 1969] JOURNAL OF THE SENATE 321 Senator Nolan offered the following amendment filed by Senators Nolan, Boothby, Vance, Putney and Byers: Amend Senate Joint Resolution 7, by striking all after the enacting clause and inserting in lieu thereof the following: "Section 1. Amend Article Five (V) of the Constitution of the State of Iowa as follows: "1. Amend section four (4) thereof, as it appears in the Code 1958, by striking from lines eight (8) and nine (9) of such section. the words 'exercise a supervisory' and inserting in lieu thereof the words, 'shall exercise a supervisory and administrative'. "2. Sections three (8), five (5), nine (9) and eleven (11) thereof are repealed. "S. Article Five (V) is further amended by adding the following sections: Section 15. Vacancies in the Supreme Court and District Court shall be filled by appointment by the Governor subject to confirmation by a constitutional majority vote of the Senate of the State of Iowa at the session of the General Assembly next following such appointment. Section 16. The members of such courts shall hold office during good behavior. The General Assembly shall prescribe mandatory retirement for judges of such courts at a specified age and shall provide for adequate retirement compensation. Retired judges may be assigned to temporary judicial duties by the chief justice of the Supreme Court during their period of retirement. Section 17. Judges of the Supreme Court and District Court shall reeeive salaries from the state, and such salaries shall not 'be diminished daring their continuance in office. They shall be members of the bar of the state and shall have such other qualifications as may be provided by law and shall be eligible to hold or be a candidate for any elective office while serving on said courts. Section 18. Judges of the Supreme Court and District Court who were elected or appointed prior to the effective date hereof shall continue in office during good behavior and until reaching the age of retirement. "Sec. 2. The foregoing proposed amendment to the Constitution of the State of Iowa is hereby referred to the General· Assembly to be chosen at the next general election, and the secretary of state is hereby directed to caUBe the same to be published as provided by law." Senator Nolan offered the following amendment to the amendment: Amend the amendment as follows: Section 1. Strike the figures thirty-three (SS) in line eleven (11) and insert therefor the figure three (S). Sec. 2. Add the following after period (.) on line twenty (20) "Appointment to the district court shall be from the name or names submitted to the governor by the members of the Bar of the district or districts involved". Senator Nolan asked and received unanimous consent to withdraw section 1 of the amendment to the amendment. On motion of Senator Nolan, section 2 of the amendment to the amendment was adopted. Senator Dewel moved the previous question on the amendment. Roll call was demanded. Digitized by Coogle 322 [Feb. 17, JOURNAL OF THE SENATE On the question "Shall the previous question be ordered T" the vote was: Ayes, 37: Boothby Evans Buck Fisher Getting Butler Byers Gillespie Coleman Gilmour Dewel Grimstead Dykhouse Harbor Edelen Henry Elijah Hill Eppers Nays, 12: Frommelt Nolan Hansen O'Connor O'Malley Hoxie Absent or not voting, 1: Miller Hoffman Hoschek Long Lynes McCurdy Mincks Moore Price Prince Rigler Ringgenberg Schroeder Scott Shaft' Shoeman Stuart Vance Weber Potter Prentis Putney Turner Walker Wolf The motion prevailed and the previous question was ordered. Senator Nolan moved the adoption of the amendment as amended. Roll call was demanded. On the question "Shall the amendment as amended be adopted '" the vote was: Ayes, 11: Boothby Byers Eppers Getting Nolan O'Connor Nays, 38: Gillespie Buck Gilmour Butler Coleman Grimstead Dewel Hansen Dykhouse Harbor Henry Edelen Elijah Hill Evans Hoffman Fisher Hoschek Frommelt Hoxie Absent or not voting, 1 : Miller Potter Prentis Putney Scott Vance Long Lynes McCurdy Mincks Moore O'Malley Price Prince Rigler Ringgenberg Schroeder Shaff Shoeman Stuart Turner Walker Weber Wolf The amendment was lost. SE.'nator Nolan offered the following amendmE.'nt and mO"ed the adoption of divisions 1 and 2 of the amendment: Amend Senate Joint Resolution 7 as follows: 1. Strike the words "Three nominees" in line 14, and insert in lieu thereof the worda "One or not more than three nominees". Digitized by Coogle 1969] JOURNAL OF THE SENATE 323 2. Strike the words "two nominees" in line 15, and insert in lieu thereof "one or not more than two nominees". 3. Strike all following "law," in line 79 and insert in lieu thereof the following" .". 4. Strike all of lines 80 and 81 and the following in line 82 "provided by law." Roll call was demanded. On the question "Shall divisions 1 and 2 of the amendment be adopted T" the vote was: Ayes, 13: Boothby Byers Coleman Eppers Naya,33: Buck Butler DeweJ. Edelen Elijah EftIIa Fisher Gillespie Gilmour Getting Grimstead McCurdy Mincks Nolan Prentis Putney Scott Vance Hansen Harbor Henry Hill Hoffman Hoschek Hoxie Long Lynes Moore O'Malley O'Connor Potter Prince Rigler Ringgenberg Shaff Shoeman Stuart Turner Walker Weber Wolf MDler Schroeder Absent or not voting, 4 : Dykhouse Frommelt (present) Price Division 1 and 2 of the amendment was lost. Senator Nolan moved the adoption of divisions 3 and 4 of the amendment. Divisions 3 and 4 of the amendment were adopted. Senator Moore offered the following amendment and moved its adoption: Amend Senate Joint Resolution 7 by striking from section 1 all of lines 19 to 52, inclusive, and inserting in lieu thereof the following: "Section 16. There shall be a state judicial nominating commi88ion as shall be provided by law. The commission shall make nominations to till YaCaneies in the 81Jpreme court. There shall also be a district judicial nomi1I&ting committee in each judicial district of the state as shall be provided by law. Such commissions shall make nominations to tlll vacancies in the district court within their respective districts." Roll call was demanded. On the question "Shall the amendment be adopted 1" the vote was: Ayes, 24: Byers Coleman Edelen Eppers Evans Frommelt Gillespie Gilmour Digitized by Coogle 324 [Feb. 1'1, JOURNAL OF THE SENATE Hansen McCurdy Harbor Mincks Hill Moore Hoxie Nolan Nays, 25: Boothby Getting Buck Grimstead Butler Henry Dewel Hoft'man Dykhouse Hosehek Elijah Long Fisher Absent or not voting, 1: Miller O'Connor O'Malley Potter Prentis Price Putney Scott Wolf Lynes Prince Rigler Ringgenberg Schroeder Shaft' Shoeman Stuart Turner Vance Walker Weber The amendment was lost. Senator Shaff offered the following amendment and moved its adoption: . Amend the title to Senate Joint Resolution '1 as follows: 1. By striking the semicolon (;) in line 6 and inserting in lieu thereof the word "and". 2. By insertil1&' a period (.) after the word "Courts" in line 8 and striking the balance of lines 8, 9 and 10. The amendment was adopted. Senator Shaff moved that the resolution be read a third time now, which motion prevailed, and the resolution was read a third time. On the question "Shall the resolution pass t" the vote was: Ayes,29: Buck Butler Coleman Dewel Dykhouse Edelen Elijah Fisher Nays,18: Boothby Byers Eppers Evans Frommelt Getting Gilmour Hansen Harbor Henry Hill Hoft'man Grimstead McCurdy Mincks Nolan O'Connor Absent or not voting, 3: Gillespie Miller (present) Hosehek Hoxie Long Lynes Moore O'Malley Rigler Ringgenberg Schroeder Shaft' Stuart Walker Weber Wolf Potter Prentis Price Prince Putney Scott Turner Vance Shoeman The resolution having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. Digitized by Coogle