Budget bill anticipates Brownback may resign, elevating Colyer to governor’s office

During a news conference at the Statehouse Friday, Jan. 6, 2017, Gov. Sam Brownback, right, announced he wants to launch a school to train osteopaths to boost the ranks of doctors in Kansas, and Lt. Gov. Jeff Colyer, left, revealed a proposal to expand medical residency programs ahead of the governor's budget proposal. (Thad Allton/The Topeka Capital-Journal via AP)

? A little-noticed provision of the budget bill that Kansas lawmakers passed on Saturday anticipates the possibility that Gov. Sam Brownback may resign in the coming weeks, elevating Lt. Gov. Jeff Colyer to the governor’s office.

Colyer, 57, has served as lieutenant governor throughout the Brownback administration. A plastic surgeon by profession, he has also been the chief architect of the administration’s health care policies, including the 2013 privatization of Medicaid into what is now known as KanCare.

Because of his expanded role, Colyer is paid just under $56,000 a year, which is slightly more than the $31,313 annual salary authorized by statute for the lieutenant governor. The additional money comes out of the budget for the governor’s office.

In this photo from Monday, Dec. 19, 2016, Kansas Lt. Gov. Jeff Colyer answers questions from The Associated Press during an interview in his Statehouse office in Topeka, Kan. Colyer is a plastic surgeon whose practice includes helping emergency trauma victims, and he's continued to make time as lieutenant governor for relief international relief missions with the International Medical Corps.

Under the new budget bill that lawmakers just passed, however, that would end, in the event Colyer becomes governor and has to appoint a new lieutenant governor.

The bill provides that if Kansas has a newly appointed lieutenant governor in the upcoming fiscal year, which begins July 1, that person’s salary would be capped at the statutory rate. Any additional spending authority in the governor’s budget to pay the salary of the lieutenant governor would have lapsed.

Brownback is widely reported to be under consideration for a federal job in the Trump administration, possibly as an ambassador or representative to a United Nations agency.

Brownback himself has declined to comment on that possibility whenever he is asked. But Kansas Republican Party officials have openly acknowledged that the Trump administration has expressed willingness to offer Brownback a job, if he wants one.

Colyer’s office also declined to comment on the possibility that he could soon become governor, a job that pays $99,636.42 per year.

“On July 8th, Dr. Colyer will celebrate serving as the longest Lieutenant Governor in Kansas’ history,” his press secretary, Laura McCabe, said in an email Wednesday.

The provision dealing with the lieutenant governor’s salary was originally part of the Senate’s budget plan, but the House quickly agreed to it in conference negotiations.

Sen. Laura Kelly, D-Topeka, who served on that conference committee, said the provision deals only with a line item within the governor’s budget that authorizes the salaries and expenses for the lieutenant governor.

She said it would not preclude the possibility that the next lieutenant governor would also hold a cabinet position, as many previous lieutenant governors have. Under that scenario, a different state law applies that allows the lieutenant governor to receive the higher cabinet-level salary instead of the lieutenant governor’s salary.

The office of lieutenant governor has no official responsibilities, other than to be on hand to succeed into the office of governor in the event of the death or resignation of the governor. However, most lieutenant governors have played key roles in the administrations they serve.

Former Gov. Kathleen Sebelius’ first lieutenant governor, John Moore, also served as secretary of commerce, as did former Gov. Bill Graves’ second lieutenant governor, Gary Sherrer.

Graves’ first lieutenanat governor, Sheila Frahm, also served as secretary of administration.