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THE CHAIRMAN: The amendment is
seconded by Delegate James. The Chair
recognizes Delegate Morgan.
DELEGATE MORGAN: Mr. Chairman,
after the colloquy yesterday, the Commit-
tee met; I must say we did not have a
quorum at the time, but those who were
present agreed that it was undesirable for
the General Assembly to be prescribing
duties for the lieutenant governor, that the
lieutenant governor should be entirely at
the disposal of the governor.
So the first thing this amendment does
is to say that the lieutenant governor
shall have only such duties as may be dele-
gated to him by the governor; but it goes
on to prohibit certain powers from being
delegated to the lieutenant governor, and
those powers are those that are specifically
granted to the governor under the proposed
executive article, namely, messages to the
General Assembly, convening the General
Assembly, veto, reorganization of the ex-
ecutive branch, appointment or removal of
department heads and other personnel, and
executive clemency.
Those are the powers that are specifically
granted to the governor under the execu-
tive article.
Now, these functions can of course be
performed by the lieutenant governor when
he becomes acting governor under section
4.07.
In other words, when the governor noti-
fies the lieutenant governor in writing that
he will be temporarily unable to carry out
the duties of his office, then the lieutenant
governor becomes acting governor, and
takes on all of the powers and duties of
the governor, until the governor comes
back and notifies him that he can again
carry out his duties.
But these powers that are specifically
delegated to the governor under the ex-
ecutive article cannot be delegated piece-
meal to the lieutenant governor. Either the
lieutenant governor has to have all of the
governor's powers, by reason of action un-
der section 4.07, or the only powers he
can have are the duties that may be dele-
gated to him by the governor, excepting
the specific powers delegated to the gov-
ernor by the constitution.
THE CHAIRMAN: Are there any ques-
tions of the sponsor of the amendment?
If so, please ask them now.
If not, does any delegate desire to speak
in opposition to the amendment?
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Delegate Rybczynski?
DELEGATE RYBCZYNSKI: Mr. Chair-
man, I would like to ask one question of
Chairman Morgan.
THE CHAIRMAN: Delegate Morgan,
do you yield to a question?
DELEGATE MORGAN: Yes, sir.
THE CHAIRMAN: Delegate Rybczynski.
DELEGATE RYBCZYNSKI: Yes, sir, I
gave you the example of the police com-
missioner of Baltimore City which was a
bad example. I was not thinking fast
enough.
However, let us take the example of the
workmen's compensation commission, which
is totally a creature of statute, has no other
foundation in the law except that particu-
lar statute.
Now, what is bothering me, sir, is, would
it be possible that in that statute the legis-
lature, through dissatisfaction with the
present governor or through anger, would
decide to take away the appointive power
from the governor and give it to the lieu-
tenant governor?
Would it be possible under the section as
you are now proposing that it be amended?
THE CHAIRMAN : Delegate Morgan.
DELEGATE MORGAN: It would not be
possible, because the lieutenant governor
can have only such duties as are delegated
to him by the governor.
The General Assembly is given no au-
thority to confer any powers or duties on
the lieutenant governor under this amend-
ment.
THE CHAIRMAN: Delegate Rybczynski.
DELEGATE RYBCZYNSKI: Thank you
very much.
THE CHAIRMAN: Are there any fur-
ther questions of the sponsor of the amend-
ment?
(There was no response.)
The Chair hears none.
Are there any delegates desiring to speak
in opposition to the amendment?
(There was no response.)
Are there any other delegates desiring
to speak in favor?
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