186 [Feb. 1, JOURNAL OJ' THB SENATE Senator Hill offered the following amendment and moved its adoption: Amend Senate File 110 by striking all after the enacting clause and inserting in lieu thereof the following: Section 1. Section one hundred ten point seventeen (110.17), Code 1958, is hereby amended by inserting after the word "Statee" in line twenty-two (22) the following: "on active duty, and a legal resident of the State of Iowa,". The amendment was adopted. Senator Putney moved that the bill be read a third time now, which motion prevailed, and the bill was read a third time. On the question "Shall the bill pass I" the vote was: Ayes, 50: Brown Buck Butler Coleman Cowden Curran Dykhouse Elijah Elvera Flatt Frommelt Nays, none. Getting Gilmour Gray Grimstead Hansen Hill Hoschek Hoxie Long Lucken Lynes Mincks Moore Shoeman Stuart Turner Vance VanEaton Walker Walter Nolan Nystrom O'Malley Phelps Potter Prantis Price Putney Rigler Schroeder Scott Shaff Wearin Weber Wiley Wilson Wolf Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. SPECIAL ORDER The hour of 10 :15 a.m. having arrived, the Chair announced the special order of business for the consideration of Senate Joint Res0lution 14. THIRD READING OF BILLS On motion of Senator Stuart, Senate Joint Resolution 14, 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 and to the mandatory retirement with compensation of judges of the Supreme and District Courts, was taken up and considered. Digitized by Google 1H1) .JOURNAL 01' THE SENATE 16'l Senator Vanee offered the following amendment: Amend Seriate Joint Resolution a, section I, by adding at the end of line 18 the following: "Such nominees shall be appointed without regard to their political aftUiation, their race, color or creed, and only on the basis of their judicial qualifteatiODB. The Chair announeed that the following Call of the Senate had been filed and directed the Secretary to call the roll. CALL OF THE SENATE ML PalllJ:DENT: Pursuant to Rule 5 of the Temporary Rules of the Senate of the Fifty-ninth General Assembly, we, the undersigned, do bareby request a Call of the Senate on Senate Joint Resolution 14 and all amendmanta thereto and thereon. W. C. STUART. J. KENDALL LYNES. DAVID O. SRAFF. MELVIN H. Wou. JACK SCRBOIII)IB. J. T. DYKBOUsz. IJmNG D. LoNG. JOHN A. WALKIB. J. LoUIS FISBER. EUGIi:NIl M. HILL. EARL ELI.JAB. C. EDWIN GILMOR& JOBN D. SBOEMAN. CLIFFORD NYSTROM. Roll call revealed all members present and the Chair declared the Call of the Senate in effect. On motion of Senator Lynes, the Senate reeeaaed until 1:00 p.m. AFTERNOON SESSION The Senate reconvened, President Mooty presiding. Roll call revealed all members present. The Senate resumed consideration of Senate Joint Resolution 14 and the amendment filed thereto by Senator Vanee. Senator Vanee moved the adoption of the amendment and requested a roll call. On the question "Shall the amendment be adopted f" the vote was: Ayes, 14: Coleman Dykhouae Lueken Mincks Moore Nolan Potter Prentis Putney Scott Vance Walker Elvera Fisher Flatt Grimstead Hansen Hill Hosehek Hoxie Long Lynes Nystrom O'Malley Phelps Price Rigler Nays, 86: Brown Back Butler Cowden Getting Gilmour Gra)' Digitized by Google I - 168 JOURNAL OF THE SENATE Schroeder Stuart Turner Shaft Shoeman Van Eaton Absent or not voting, none. Walter Wearin Weber [Feb. 1, Wile), Wilson Wolf The amendment was lost. Senator Potter offered the following amendment and moved its adoption and requested a roll call: Amend Senate Joint Resolution 14 by striking from line 79 of section 1 the following: "and for two years thereafter". On the question "Shall the amendment be adopted til the vote was: Ayes, 14: Coleman Dykhouse Eppers Frommelt Lucken Mincks Moore Nolan Nays, 36: Brown Getting Buck Gilmour Gray Butler Cowden Grimstead Curran Hansen Elijah Hill Elvers Hoschek Fisher Hoxie Long Flatt Absent or not voting, none. Potter Prentis Putne), Scott Vance Walker Lynes Nystrom O'Malley Phelps Price Rigler Schroeder Shaft Shoeman Stuart Turner VanEaton Walter Wearin Weber Wiley Wilson Wolf The amendment was lost. Senator Nolan offered the following amendment: Amend Senate Joint Resolution 14, section 1, as follows: 1. Amend Senate Joint Resolution 14, by inserting after the word "state" in line 29 the following "in such manner as provided by law". 2. By inserting after the word "district" in line 42 the following "in such manner as provided by law". 3. By striking from line 50 the words "shall serve for six year terms," and by striking from line 51 the words "six year". 4. By striking in lines 55 and 56 the words "As near as may be, the terms of one-third of such members shall expire every two years.", and inserting in lieu thereof the words "As near as may be, the terms of such members first appointed and elected hereunder shall be one-third for two years, onethird for four years, one-third for six years, and thereafter for a term of six years.". 5. By striking the period (.) in line 60 and adding the following words "subject to the condition that such". 6. By striking the period (.) in line 63 and adding the following word "when". 7. By striking the following in lines 66 and 67 "when such tenure for a term of years,". 8. Insert after the comma (,) in line 75 the following "which salaries shall not be diminished during the term for which they have been appointed,". Digitized by Google 1961] 169 JOURNAL OF THE SENATE Senator Nolan moved the adoption of divisions 1 and 2 of the amendment. Boll call was requested. On the question "Shall divisions 1 and 2 of the amendment be adopted I" the vote was: Ayes, 14: Coleman Dykhouse Eppers Frommelt Lucken Mincks Moore Nolan Nays, 36: Getting Brown Buek Gilmour Butler Gray Grimstead Cowden Hansen Curran Elijah Hill Hoschek Elvers Hoxie FiBher Long Platt Absent or not voting, none. Potter Prentis Putney Scott Vance Walker Lynes Nystrom O'Malley Phelps Price Rigler Schroeder Shaft' Shoeman Stuart Turner VanEaton Walter Wearin Weber Wiley Wilson Wolf Divisions 1 and 2 of the amendment were lost. Senator Nolan moved the adoption of divisions 3 and 4: of the amendment. Roll call was requested. On the question "Shall divisions 3 and 4: of the amendment be adopted f" the vote was: A,., 13: Coleman Eppers Frommelt Lucken Nays, 37: Brown Buclt Butler Cowden Curran Dykhouse Elijah Elven Fisber Flatt Mincks Moore Nolan Potter Prentis Putney Scott Vance Walker Getting Gilmour Gray Grimstead Hansen Hill Hoschek Hoxie Long Lynes Nystrom O'Malley Phelps Price Rigler Schroeder Shaft' Shoeman Stuart Turner VanEaton Walter Wearin Weber Wiley Wilson Wolf Absent or not voting, none. Divisions 3 and 4: of the amendment were lost. Senator Nolan asked and received unanimous consent to withdraw divisions 5, 6 and 7 of the amendment. Digitized by Google 170 [Feb. I, JOURNAL OF THE SENATE Senator Nolan moved the adoption of division 8 of the amendment. Roll call was requested. On the question "Shall division 8 of the amendment be adopted f" the vote was: Ayes, 13: Coleman Mincks Eppers Moore Nolan Frommelt Lueken Nays, 37: Getting Brown Gilmour Buck Butler Gray Cowden Grimstead Hansen Curran Dykhouse Hill Elijah Hoschek Elvers Hoxie Long Fisber Flatt Abeent or not voting, none. Potter Prentis Putney Scott Vance Walker Lynes Nystrom O'Malley Phelps Price Rigler Schroeder Shaft' Shoeman Stuart Turner VanEaton Walter Wearin Weber Wiley Wilson Wolf Division 8 of the amendment was lost. Senator Prentis offered the following amendment, ftled by Senators Prentis and Putney, moved its adoption and requested a roll call: Amend Senate Joint Resolution 14 as follows: 1. Insert after the word "commission" in line 14 of section 1 the following words: "subject to eonfirmation by the Senate". 2. Insert after the word "court" in line 18 of section 1 the following words: "subject to confirmation by the Senate". 3. Insert after the word "governor" in line 42 of section 1 the following words: "subject to confirmation by the Senate". On the question "Shall the amendment be adopted f" the vote was: Ayes, 12: Coleman Eppers Lueken Mincks Moore Nolan Nays, 38: Brown Frommelt Buek Getting Butler Gilmour Cowden Gray Curran Grimstead Dykhouse Hansen Elijah Hill Hoschek Elvers Hoxie Fisher Long Flatt Absent or not voting, none. Potter Prentis Putney Scott Vance Walker Lynes Nystrom O'Malley Phelps Price Rigler Sehroeder Shaft' Shoeman Stuart Turner VanEaton Walter Wearin Weber Wiley Wilson Wolf Digitized by Google 1961] JOURNAL OF THE SENATE 1'71 The amendment 'Was lost. Senator Walker asked and received unanimous consent to withdraw the following amendment filed bY' him: Amend Senate Joint Resolution 14, section 1, as follows: By inserting in line 76 after the word "state" the following "and who shall not have attained their fiftieth year of age when appointed". Senator Moore offered the following amendment and moved its adoption and requested a roll call: Amend Senate Joint Resolution 14, section 1, by striking lines 19 to 66, inclusive, and inserting in lieu thereof the following: "Section 16. There shall be a state judicial nominating commission as shall be provided by law. The commiuion shall make nominations to fill vacancies in the supreme court. There shall also be a district judicial nominating oommisaion in each judicial district of the state as shall be provided by law. Such commiuions shall make nominations to fill vacancies in the district court withiD their respective districts." On the question "Shall the amendment be adopted I" the vote was: Ayes, 13: Coleman Eppers Frommelt Lucken Nays, 37: Brown Buck Butler Cowden Curran Dykhouse Elijah Elvers Fisher Mincks Moore Nolan Potter Prentis Putney Scott Vance Walker Getting Gilmour Gray Grimstead Hansen Hill Hoschek Hoxie Long Lynes Nystrom O'Malley Phelps Price Rigler Schroeder Shaft' Shoeman Stuart Turner VanEaton Walter Wearin Weber Wiley Wilson Wolf Flatt Absent or not voting, none. The amendment was lost. Senator Shaff moved that the resolution be read a third time now, whieh motion prevailed, and the resolution was read a third time. Senate Joint Resolution 14, 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 and to the mandatory retirement with compensation of judges of the Supreme and District Courts. Be It Resolved bY' the General Assembly of the State of Iowa: Digitized by Google 172 [Feb. I, JOURNAL OF THE SENATE Section 1. An amendment to the Constitution of the State of Iowa as it appears in the Code of 1958 is proposec:I as follows: Article Five (V) is amended in the following manner: 1. Section four (4) is amended 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 (3), five (5), nine (9) and eleven (11) are repealed. 3. The following sections are added thereto: "Section 15. Vacancies in the Supreme Court and District Court shall be filled by appointment by the Governor from lists of nominees submitted by the appropriate judicial nominating commission. Three nominees shall be submitted for each Supreme Court vacancy, and two nominees shall be submitted for each District Court vacancy. U the Governor fails for thirty days to make the appointment, it shall be made from such nominees by the Chief Justice of the Supreme Court. "Section 16. There shall be a State Judicial Nominating Commission. Such commission shall make nominations to fill vacancies in the Supreme Court. Until July 4, 1973, and thereafter unless otherwise provided by law, the State Judicial Nominating Commission shall be composed and selected as follows: There shall be not less than three nor more than eight appointive members, as provided by law, and an equal number of elective members on such Commission, all of whom shall be electors of the state. The appointive members shall be appointed by the Governor subject to confirmation by the Senate. The elective members shall be elected by the resident members of the bar of the state. The judge of the Supreme Court who is senior in length of service on said Court, other than the Chief Justice, shall also be a member of such Commission and shall be its chairman. "There shall be a District Judicial Nominating Commission in each judicial district of the state. Such commissions shall make nominations to fill vacancies in the District Court within their respective districts. Until July 4, 1973, and thereafter unless otherwise provided by law, District Judicial Nominating Commissions shall be composed and selected as follows: Thcre shall be not less than three nor more than six appointive members, as provided by law, and an equal number of elective members on each such commission, all of whom shall be electors of the district. The appointive members shall be appointed by the Governor. The elective members shall be elected by the resident members of the bar of the district. The district judge of Digitized by Google 1961] 173 JOURNAL OF THE SENATE such district who is senior in length of service shall also be a member of such commission and shall be its chairman. "Due consideration shall be given to area representation in the appointment and election of Judicial Nominating Commission members. Appointive and elective members of Judicial Nominating Commissions shall serve for six year terms, shall be ineligible for a second six year term on the same commission, shall hold no office of profit of the United States or of the state during their terms, shall be chosen without reference to political aftlliation, and shall have such other qualifications as may be prescribed by law. As near as may be, the terms of one-third of such members shall expire every two years. "Section 17. Members of all courts shall have such tenure in office as may be fixed by law, but terms of Supreme Court Judges shall be not less than eight years and terms of District Court Judges shall be not less than six years. Judges shall serve for one year after appointment and until the first day of January following the next judicial election after the expiration of such year. They shall at such judicial election stand for retention in office on a separate ballot which shall submit the question of whether such judge shall be retained in office for the tenure prescribed for such office and when such tenure is a term of years, on their request, they shall, at the judicial election next before the end of each term, stand again for retention on such ballot. Present Supreme Court and District Court Judges, at the expiration of their respective terms, may be retained in office in like manner for the tenure prescribed for such office. The General Assembly shall prescribe the time for holding judicial elections. "Section 18. Judges of the Supreme Court and District Court shall receive salaries from the state, shall be members of the bar of the state and shall have such other qualifications as may be prescribed by law. Judges of the Supreme Court and District Court shall be ineligible to any other office of the state while serving on said court and for two years thereafter, except that District Judges shall be eligible to the office of Supreme Court Judge. Other judicial officers shall be selected in such manner and shall have such tenure, compensation and other qualification as may be fixed by law. The General Assembly shall prescribe mandatory retirement for Judges of the Supreme Court and District Court at a specified age and shall provide for adequate retirement compensation. Retired judges may be subject to special assignment to temporary judicial duties by the Supreme Court, as provided by law." Sec. 2. The foregoing proposed amendment to the Constitution of Iowa, having been adopted and agreed to by the Fifty-eighth (58th) General Assembly, thereafter duly published, and now adopted and Digitized by Google r 174. [Feb. 1, JOURNAL OF THE SENATE agreed to by the Fifty-ninth (59th) General .Assembly in this Joint Resolution, shall be submitted to the people at a special election to be held for that purpose at the same time and in conjunction with the primary election to be held for the selection of political party candidates for public office in the year nineteen hundred sixty-two (1962). The submission at said special election shall in all respects be governed and conducted as prescribed by law for the submission of a Constitutional amendment at a general election. On the question "Shall the resolution pass t" the vote was: Yeas, 40: Flatt Getting Buck Gilmour Butler Gray Coleman Grimstead Cowden Hansen Curran Hill Dykhouse Elijah Hoachek Hoxie Elvers Long Il'isher Nays, 10: Eppers Mincks Nolan FrOmmelt Potter Lucken Absent or not voting, none. Brown' JZ:!ea oore Stuart Turner Nystrom O'Malley Phelps Putney Rigler Schroeder Shaff Shoeman VanEaton Walker Walter Wearin Weber Wiley Wilson Wolf Prentis Price Scott Vance The resolution having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Shaff moved that the vote by which the resolution passed the Senate be reconsidered and that the motion to reconsider be laid on the table. Roll call was requested. On the question "Shall the Senate reconsider and the motion to reconsider be laid on the table t" the vote was: Rule 8 was invoked. Ayes, 37: Brown Buck Butler Cowden Curran Dykhouse Elijah Elvers Fisher Flatt Gllmour Gray Grimstead Hansen Hill Hoschek Hoxie Long Lynes Moore Nystrom O'Malley Phelps Putney Schroeder Shaff Shoeman Stuart Turner VanEaton Walter Wearin Weber Wiley Wilson Wolf Digitized by Google 1961] Nays, 13: Coleman Eppers Frommelt Lucken JOURNAL OF THE SENATE Mincks Nol&n Potter 176 Prentis Price Rigler Scott Vance Walker Absent or not voting, none. The motion prevailed. Senator Mincks submitted the following report: REPORT OF THE PUBLIC ASSISTANCE STUDY COMMITTEE TO THE MEMBERS OF THE FIFTY-NINTH GENERAL ASSEMBLY JANUARY, 1961 ORGANIZATION The Fifty-eighth General ABBembly by Joint Resolution 8, created a joint bipartisan Committee to study Public Assistance in this state, and to make a written report and recommendatioDs to the Fifty-ninth General Assembly. The Committee has been composed of six members from the House of Repreaentativee and aix members from the Senate; three Repubijcans and three Democrats from each chamber. After the initial organizational meeting, the Committee was composed as follows: Senate Members House Members Jake B. Mincks, Chainnan Riley Dietz, Secretary George E. O'Malley A. L. Mensing Walter F. Edelen Hillman H. Sersland Jack Schroeder Kenneth E. Owen J. Louis Fisher Robert R. Dodds Guy G. Butler Robert D. Fulton Mrs. Winifred Dalrymple was employed as secretary by the Committee and took minutes of all meetings. These have been retained and are available for study by the members of the Fifty-ninth General Assembly. As a result of the information received, the following summaries and recommendations are made. WELFARE PROGRAMS OF IOWA Following is a brief explanation of the welfare programs in Iowa: Categorical Relief Aid to Dependent Children, Aid to the Blind, Aid to the Permanently and Totally Disabled, Old Age Assistance are welfare programs that are supported by funds from the federal, state, and county government. These are commonly called the categorical relief programa. Although the contributions to the programs vary, they are approximately on the following basis: The federal government contributes 50 per cent and the state and county governments, 25 per cent each. These programs in accordance with the Social Security Act are administered by the State Department of Social Welfare. These programs must be administered according to broad rules and regulations promulgated by the Social Security Oftlce. Failure to comply with these basic requirements of the Federal Government can result in the State of Iowa being deprived of federal matching funds. On the local level, these programs are directed by the county board of social welfare "with only such powers and duties as prescribed in the laws relating thereto" (Sec. 234.11, 1958, Code of Iowa). This means that the local welfare boards must comply with the rules and regulations of the Digitized by Google