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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 620   View pdf image (33K)
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620 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 10]
THE CHAIRMAN: Delegate Koss.
DELEGATE KOSS: I would like to ask
Delegate Bard whether in the 17 states that
permit legislative sessions to be established
by the legislature, is the salary on a flat
basis, or is there some consideration given
to the number of days, and, therefore, a
per diem basis?
THE CHAIRMAN: Delegate Bard.
DELEGATE BARD: Delegate Koss,
there the salaries are all on an annual
basis. This is a highly important point that
Delegate Koss raised.
We believe that under the legislatively
determined session you do not have one
salary for 90 days, as we now have, plus
additional salaries whenever committee
members meet, on a per diem basis or a
per hour basis. As some of you know, we
have gotten into some difficulty in the last
few years.
Here is the way they run, on an annual
basis: Alaska, $8,748; California, $16,000;
Illinois, $9,000; Massachusetts, $8,400;
Michigan, $15,000;; New York, $18,000;
Pennsylvania, $12,000; Wisconsin, $8,625
to $9,975.
There are differences according to office
holders; some get slightly higher salaries,
but they are all annual. This is the beauty
of the legislatively determined session. You
do not have to work into it by circuitous
means increasing salaries by per diem ad-
ditions beyond 90 days. Your constituents
know you are working year-'round, because
you are, anyway. It is all annual.
THE CHAIRMAN: Delegate Koss.
DELEGATE KOSS: Do you have any
information on how the situations in those
states have worked out under this provi-
sion? How long, in fact, have the sessions
been? To what extent has the legislatively
determined session exceeded what had been
the previous constitutional limitation?
DELEGATE BARD: I can tell you as
far as one state with which I have had ex-
perience, because I have taught at their
state university, but a few blocks from the
capitol. That is that Nebraska first started
out having somewhat longer sessions; then
they came back to short ones when required
and when Nebraska needed to have a long
one in order to move toward a sales tax
and income tax decision, they had it.
In other words, they had the session as
a long one when it was required. Then they
went back the following year to a short
one. They cut the cloth according to the
garment. This we think is the way it has
operated in all 17.
THE CHAIRMAN: Delegate Mason.
DELEGATE MASON: Delegate Bard,
do you have an opinion as to whether or
not this flexible legislative session would
change the character of the legislature or
compensation, as to the type of delegate
who would run for a flexible session as op-
posed to one who would run for a 90 day
session?
THE CHAIRMAN: Delegate Bard.
DELEGATE BARD: I would say that
as far as many members who are now in
the legislature and who to my own way of
thinking are topflight people, they work
year-'round, anyway. They would see their
job with fullness, they would feel happier
about the fact that when they see their con-
stituents beyond the 90 days, their con-
stituents would see the time they spend
with them as legislative time. The legis-
lator would not need to tell them that he
was really spending legislative time.
As for new people, I know in the state
which I know best there were more women
who ran under a legislatively determined
session because they did have the time to
move in within this than previous to this.
I would say this would tend to get some
people of great background who would see
this as having more stature—plus the sal-
ary would be greater.
THE CHAIRMAN: Delegate Mason.
DELEGATE MASON: Would this flex-
ible session encourage more housewives,
women, and retired people to run for the
legislature?
DELEGATE BARD: Retired people I
do not think necessarily as such, no. It
might encourage some. I think it would en-
courage lots of good lawyers who could see
adjustments such as that made, as in a
number of the 17 states, far better adjust-
ments than to keep you away from your
job day after day for three months.
There are adjustments within the weekly
schedule that can be made that are beauti-
ful adjustments not to injure your prac-
tice. They are extended downward. It would
help all around.
THE CHAIRMAN: Delegate Hargrove.
DELEGATE HARGROVE: Delegate
Bard, what would happen to the bills which


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 620   View pdf image (33K)
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