less you move to a point where the legis-
lators are also available when doing their
research, because there needs to be an in-
terplay between staff and legislators. In
fact, this is a key point. As a matter of
fact, 17 states use the flexible calendar,
and they like it. Indeed, some who just re-
wrote their constitutions have adopted the
flexible session.
The flexible legislative session permits
intensive study and analysis. It permits re-
turning to constituents to get their opinions
during a break in the period. It permits
the bifurcative session if the legislature
thinks this is valuable and profitable to
have discussions with constituents.
Most important of all, the legislative
session permits adjustments to emergen-
cies. Interestingly enough, the majority re-
port recognizes the solution does not lie in
settling on one fixed date. If you were to
read the majority report you would note
that it sets forth three or four fixed dates,
90 days, then 30 more if needed, yet 30
more again if needed, that is, a number of
special sessions if required
Moreover, there was recognition during
discussion in the Legislative Branch Com-
mittee that there would even be an organi-
zational session, and there is such organi-
zational session.
Now, I ask you, is it not redundant to
have an organizational session, one regular
session, two more regular sessions, first
called by majority, secondly by three-fifths
vote, then a number of special sessions
which the governor may call or which may
be called by three-fifths vote or by the pre-
siding officer? If your Minority Report
passes, we shall ask that there be some
discussion on that one.
Now, you have to agree, the majority
did not know how to fix the number of
days. In fact, they themselves were so
mixed up on this that in the compromise
there was a confusion of redundancy. Read
the section of the Majority Report on this
matter and come to your own conclusion
as to whether there were any fixed ideas.
Would it not be much easier and more
logical to say that each year the legislature
will take the time that it needs and set the
date of adjournment as soon as the task
seems to be heading toward completion;
and it can set it in March or April or May,
or for that matter, February, if they are
finished?
Incidentally, this point has not been
made too often, the salaries for legislators |
for various states are such that no state
with a fixed legislative sessions pays as
much as $6,000 a year. Go over these sala-
ries. I find it true that while those with
flexible sessions tend to pay something
above $8,000 a year, under a legislatively
determined session, a yearly salary is set
with full knowledge that the legislator is
accountable during the entire year.
As you know, our Committee recom-
mended $8,000 a year salary. Will this be
interpreted as salary for 90 days. I am not
saying here we should have a flexible ses-
sion in order to enlarge the salary. What
I am saying is that now that the salary is
raised, let's schedule the session so that it
is clear that responsibilities are year-'round
and that if need be, committee meetings
and plenary sessions will take place as re-
quired.
It is interesting to note the first Consti-
tution of Maryland in 1776 did not set
definite closing dates, recognizing that the
public interest would interfere. Our first
Constitution merely stated under Article
XXIII in 1776 that the General Assembly
meet annually starting the first Monday in
November. They had differing sessions, if
you study them.
Furthermore, the Maryland Constitution
of 185I noted the problem we discussed
today by saying in Article 1I, section 8,
"The General Assembly may continue its
first two sessions after the adoption of
this Constitution as long as, in the opinion
of the two houses, the public interests may
require it."
I want to pause here for an historical
parallel that is highly important. They said
this. We have just finished the Constitu-
tion. When you finish a constitution there
are adjustments by the legislature that re-
quire statutory law to dovetail with con-
stitutional law. Therefore, the first years
immediately after a new constitution are
highly important to be flexible.
The 1862 Constitution said after the first
year you may fix them, but particularly
after the first few years, particularly after
the first few years, they said, it is highly
important not to fix the date. Otherwise
you lose the whole point of the new Consti-
tution.
The 1864 Constitution reads: "The Gen-
eral Assembly shall continue its session so
long as in their judgment the public inter-
est may require."
We were then at war. We are now in
the midst of problems that are as serious |
