The Lieutenant Governor of Colorado: Statutory Duties

The formal statutory responsibilities of Colorado’s lieutenant governor are quite minimal, compared to other states. There are four areas where the lieutenant governor has been granted a policy role by state legislators, including direct management of two state commissions, oversight of gubernatorial recall elections, and assisting in K-12 education policy formation.

First, regarding commissions established by the legislature, the lieutenant governor has been granted formal authority over the Governor’s Commission on Community Service, which is a board dedicated to aspects of civic responsibility and volunteerism throughout Colorado.  In addition, the lieutenant governor is designated by statute as the Chair of the Colorado Commission on Indian Affairs. According to the commission’s webpage, the responsibility of this board is to “serve as the official liaison between the Southern Ute Indian and Ute Mountain Ute Tribes and the State of Colorado.”

Further, in the event that a sitting governor is ever the subject of a recall from the electorate, the lieutenant governor has been designated by the legislature to perform the formal duties of the recall process regularly overseen by the Governor—specifically, the setting of a formal date for a recall election, once all requirements have been met. Finally, in the area of Pre-K to Post-Secondary education policy, the lieutenant governor’s office—specifically, their “early childhood policy team”—has been granted formal permission to provide staff support, participate in regional education meetings, and assist with school readiness efforts.

With almost non-existent constitutional power, and statutory power that can be best described as weak, Colorado’s lieutenant governor is almost utterly dependent upon the governor they are serving with for any type of formal, concrete policy making role in Colorado state government.

Works Cited

State of Colorado. Colorado Revised Statutes Title 24, Article 20, Part 501. Denver.

State of Colorado. Colorado Revised Statutes, Title 24, Article 44, Part 104. Denver.

State of Colorado, Commission of Indian Affairs. “About Us.”  https://www.colorado.gov/pacific/ccia/about-us-40. Accessed October 27, 2018.

State of Colorado. Colorado Revised Statutes, Title 1, Article 12, Part 121. Denver.

State of Colorado. Colorado Revised Statutes, Title 22, Article 7, Part 1010. Denver.

State of Colorado. Colorado Revised Statutes, Title 22, Article 7, Part 1011. Denver.

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The Lieutenant Governor of North Dakota: Constitutional Duties

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The constitutional duties of North Dakota’s lieutenant governor, while listed in Article 5 of the North Dakota Constitution which is devoted to the executive branch, are purely legislative in nature.

Section 12 of Article 5 is where the specific constitutional duties of the North Dakota lieutenant governor can be found. Specifically, they are 1) named as President of the North Dakota State Senate, and 2) have the ability–not a mandate to do so, but an option–to break tie votes on both procedural (Senate internal proceedings) and substantial (legislation) items if their vote would be a decisive one.

The state constitution does not specifically list specific executive duties for nor ban the lieutenant governor from having a formal executive role in the administration of North Dakota state government.

Works Cited

North Dakota Legislature. The Constitution of North Dakota. Bismarck, North Dakota

http://www.legis.nd.gov/constitution

 

The Lieutenant Governor of Nebraska: Constitutional Duties

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The Lieutenant Governor of Nebraska possesses both legislative and executive powers, though the executive powers are achieved mainly through grants of authority by the Governor of Nebraska.

The legislative powers of this office are referenced in Article III, Section 10 of the Nebraska Constitution. Specifically, the lieutenant governor formally presides over the unicameral (one house) Nebraska Legislature. The reader will note that I have not labeled the Lieutenant Governor acting in this capacity as President of the Nebraska Legislature–the Constitution is silent about this, simply indicating that they shall serve as presiding officer, with no formal title attached.  In addition, the Lieutenant Governor does have the ability break tie votes, but does not vote otherwise on bills.

The executive powers of the office are mentioned in Article IV, Section 16 of the Nebraska Constitution. Three specific powers of the office are referenced:

  • 1. Serves on all boards and commissions in lieu of Governor when so designated (italics added)
  • 2. Performs other duties as assigned by the Governor
  • 3. Serves on a full-time basis

Works Cited

Nebraska Legislature. Nebraska Constitution. Lincoln, Nebraska.

https://nebraskalegislature.gov/laws/browse-constitution.php

 

The Lieutenant Governor of New Mexico: Constitutional Responsibilities

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The constitutional powers of the New Mexico Lieutenant Governor are listed in two different articles of the Constitution of the State of New Mexico. The powers listed in Article 5, which is dedicated to the executive branch, will be discussed first. Then, the power listed in Article 4, the section dedicated to the legislative branch, will be referenced.

Article 5, Section 8 indicates that the Lieutenant Governor shall serve as President of the New Mexico Senate, and shall have the ability to vote in the Senate, but possesses only a casting vote. In Article 4, Section 8, the sole listed legislative power of the state’s second-ranking officer is to call the Senate into order. However, the document does not specifically provide for nor, does it prohibit, the lieutenant governor from assuming powers provided by statute.

Works Cited

Maggie Toulouse Oliver, Secretary of State. Constitution, 1911-2017. Santa Fe, NM. 53.

Maggie Toulouse Oliver, Secretary of State. Constitution, 1911-2017. Santa Fe, NM. 27.

The Lieutenant Governor of Kansas: Constitutional Duties

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The Lieutenant Governor of Kansas has minimal constitutional responsibilities, making the office one of the weakest second-ranking offices in the United States. But, the Kansas Constitution does specifically mention in Article 1, Section 12 that the office “shall assist the governor,” though the document is silent on how that assistance shall be rendered, leaving it up to the chief executive of the state to make that determination.

In addition, the second portion of Article 1, Section 12 grants the state legislature power to confer upon the lieutenant governor any duties that it sees fit.

Work Cited

Kansas State Constitution. Topeka, Kansas. Article 1, Section 12.

The Lieutenant Governor of Colorado: Constitutional Duties

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From a constitutional perspective, the Lieutenant Governor of Colorado is one the weakest second-ranking state executives in the nation. This is because the Colorado Constitution sets aside no specific duties for the office.

The office is acknowledged in Article I as being part of the executive branch of the State of Colorado, but that is it. Until the mid-1970’s, Colorado’s Lieutenant Governor also served in a legislative capacity, as President of the State Senate. So, currently, their power and duties are dependent upon the willingness of the Governor and the Legislature to grant them to the office.

 

Works Cited

State of Colorado. The Constitution of the State of Colorado. Denver, CO.

The Lieutenant Governor of Utah: Statutory Duties

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Utah’s Lieutenant Governor has a narrow, but critical range of duties. Specifically, Chapter 67, Title 1A, Section 2 of the Utah Code spells out the powers bestowed upon the office.

The primary power designated to this office is their duty as chief elections officer for the people of Utah. In this capacity, the Lieutenant Governor is responsible for carrying out all aspects of the election process: overseeing candidate filings, receiving contribution information, monitoring Political Action Committees (PACs) active in the state, determining residency for candidates, reporting election results, etc. In addition, any reference to a Secretary of State in the Utah Code is referring to the Lieutenant Governor.

Another important power designated to the Lieutenant Governor of Utah is their power overseeing all aspects of the annexation process for local government in the state. Any proposed boundary action impacting a local agency is overseen by the Lieutenant Governor.

A third duty of the office is their role to serve–at the pleasure of the Governor–as an official gubernatorial adviser, a liaison to the state legislature, or with the approval of the legislature, as chief of other state agencies.

In addition, the Lieutenant Governor may propose their own office budget for each fiscal year and send it to the legislature for approval, rather than rely on the Governor for an annual appropriation request.

Further, a fifth power provided to the Lieutenant Governor is their role as custodian of the Great Seal of Utah. The office ensures that the Great Seal is used in accordance with the approved process, and is not abused in any way.

Sixth, the Utah Lieutenant Governor commissions notary publics in the state, and is empowered to administer oaths of office to other public officers as well.

Finally, the Lieutenant Governor is formally designated as the Chair of the Utah Commission on Civic and Character Education, which is tasked with promoting civic involvement in schools and the community throughout Utah.

These grants of power to the office have allowed Utah’s Lieutenant Governor to carve out an important and independent base for the office in the administration of state government, and follows the path of lieutenant governorships created  in the 20th-century, which tend to be focused primarily on executive duties, with either a limited or no role for the office in the machinery of the state legislature.

Works Cited

State of Utah. Utah State Code, Chapter 67, Title 1A, Section 2. Salt Lake City.

“About Us.” The Utah Commission on Civic and Character Education. State of Utah. August 22, 2017.

The Lieutenant Governor of Utah: Constitutional Duties

The constitutional responsibilities of Utah’s lieutenant governor are general in nature, with no broad grant of any kind of authority. This is due to the fact that their lieutenant governor, with the creation of the office in 1975, assumed the statutory duties of Utah’s secretary of state, which are, as will be seen in another, future post, rather detailed.

Article 7, Section 14 of the Utah Constitution are where the three specific duties of Utah’s lieutenant governor can be found. This area was added to Utah Constitution in 1980, and have remained unchanged since then. They are:

  1. serve on all boards and commissions in lieu of the Governor whenever so designated by the Governor;
  2. perform such duties as may be delegated by the Governor; and
  3. perform other duties as may be provided by statute.

A cursory glance at these duties would leave one with the impression that Utah’s lieutenant governor is a very weak office. But, as noted above, the powers in this office are very detailed when Utah statutes are assessed.

Works Cited

Utah Constitutional Revision Commission. Utah State Constitution. Salt Lake City. 34.

 

 

The Lieutenant Governor of Utah: Origins of the Office

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The Lieutenant Governor of Utah is a rather recent office, created in 1975 by the Utah State Legislature. House Bill 140 (HB 140) was the legislation that created the office. Until the Lieutenant Governor’s office was begun, the second-ranking office in Utah was the Secretary of State. With the passage of HB 140, the Secretary of State was appointed the first Lieutenant Governor. In 1976, the Utah Secretary of State’s office was formally abolished, with the duties of that office being transferred to the Lieutenant Governor.

Works Cited

Utah State Legislature. Laws of Utah 1975, Chapter 202. Salt Lake City, Utah, 913-914

Lieutenant Governor of Nevada: Statutory Executive Authority

The Lieutenant Governor of Nevada possesses what could best be described as very weak executive branch authority. Formally, Nevada’s Lieutenant Governor sits as a member of only three state commissions. Those three commissions are the Governor’s Board on Economic Development (Nevada Chapter 231.033), the Department of Transportation Board of Directors (Nevada Chapter 408.106), and the Nevada Commission on Tourism (Nevada Chapter 231.160).

None of those three statutory assignments provide for the Lieutenant Governor to serve as chair, and any additional committee/board/commission assignments they receive are purely at the will of the appointing authority.