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is the intention of the federal Constitution
to keep the vice president from being as-
signed duties on the space council. But so
far as this section is concerned, it just deals
with delegations of power by the governor.
There is nothing in this section which would
prevent the General Assembly from assign-
ing further duties to the lieutenant gov-
ernor.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: Am I to under-
stand that the General Assembly could pre-
scribe duties for the lieutenant governor
in branches other than in the executive
branch ?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: I did not get
that last part of your question.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: It is my under-
standing that the General Assembly could
prescribe duties for the lieutenant gover-
nor in other than the executive branches,
such as the duty of presiding over the Sen-
ate if they should so desire. Is that correct?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: No.
THE CHAIRMAN: Delegate Grant.
Is this intended to limit the duties of the
lieutenant governor or is it intended to pre-
scribe his duties within the executive
branch ?
DELEGATE MORGAN: I think it re-
fers to the latter. Our Committee considered
the question of whether the lieutenant gov-
ernor should have the function of presiding
over the Senate and voted against that
being done. It certainly is not the intention
of the Committee to have the legislature
authorize the lieutenant governor to pre-
side over the Senate because I think that
would probably interfere with the execu-
tive functions that might be delegated to
him by the governor.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: If there were
some other function in either the legislative
department or the judiciary department
which the General Assembly might wish
the lieutenant governor to perform, do you
anticipate that this article would preclude
the General Assembly from giving him
those duties?
THE CHAIRMAN: Delegate Morgan.
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DELEGATE MORGAN: It is very diffi-
cult for me to conceive of the cross-over
between the executive and legislative and
the executive and judicial branches where
you ask an executive official to perform
legislative duties or judicial duties. How-
ever, my personal opinion is that it could
be done.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: Then the legisla-
tive branch would be presiding over the
Senate. The only duty that would come to
mind in the judicial branch might be a re-
quest to have him preside over some com-
mittee such as the Rules Committee. Those
are possibly two unlikely things. Is this to
circumscribe the lieutenant governor to per-
form only such duties as are delegated to
him by the governor or can the General
Assembly at some other time prescribe to
him some other duties.
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: In my opinion
there is no question that the General As-
sembly could prescribe other duties for the
lieutenant governor of an executive nature.
Whether they could prescribe duties or
compel him to perform duties in the judicial
branch or legislative branch of the govern-
ment, in my personal opinion, they could
not.
THE CHAIRMAN: Delegate Grant.
DELEGATE GRANT: However, as sec-
tion 4.03 was originally written, it did pro-
vide for that possibility and by amending
it, you now intend to preclude that possi-
bility, am I correct?
THE CHAIRMAN: Delegate Morgan.
DELEGATE MORGAN: T think that is
correct.
THE CHAIRMAN: Delegate Rybczynski.
DELEGATE RYBCZYNSKI: Delegate
Morgan, I have to admit that when I orig-
inally read your section I thought that what
you were doing in 4.03 was giving the lieu-
tenant governor what I would call perfunc-
tory duties, that he might sit on a board
as an ex-officio member or that he might
be a kind of representative of the governor
from time to time. However, now we are
finding that he might be given actual pow-
ers while the governor is living and in good
condition.
I hope this will not sound too funny to
you, but right now the governor has the
right to appoint the commissioner of police
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