Enacting the countries of concern divestment and procurement protection act, requiring state-managed funds to divest from investments with countries of concern with exceptions, prohibiting investments, deposits or contracts with any bank or company domiciled or with a principal place of business in a country of concern, indemnifying state-managed funds with respect to actions taken in compliance with such act and providing an expiration date for such act.
Impact
The enactment of HB2739 will significantly reshape investment policies for state-managed funds by restricting engagement with financial entities affiliated with the designated countries of concern. This act aims to align state investment strategies with national security interests. Notably, it will require annual reporting to ensure compliance with divestment requirements and establish a framework for the state to indemnify funds against damages or legal costs incurred during compliance.
Summary
House Bill 2739, titled the 'Countries of Concern Divestment and Procurement Protection Act', mandates the divestment of state-managed funds from investments associated with specified countries identified as 'countries of concern'. Such nations include China, Cuba, Iran, North Korea, Russia, and Venezuela. By July 1, 2025, the state-managed funds are required to divest at least 50% of such assets, with complete divestment mandated by January 1, 2026. Additionally, the bill prohibits state agencies from entering contracts with companies or banks based in these nations.
Contention
The bill has sparked discussions regarding the financial implications for state-run funds and the adherence to fiduciary responsibilities. Proponents argue that this act enhances national security and moral responsibility, while opponents raise concerns about potential economic repercussions, including reduced investment opportunities and potential losses from abrupt divestments. Additionally, the terms outlined in the bill delineate clear compliance responsibilities, which some critics claim might overextend state authority in financial affairs.
Enacting the Kansas public investments and contracts protection act concerning environmental, social and governance (ESG) criteria, prohibiting the state and political subdivisions from giving preferential treatment to or discriminating against companies based on such ESG criteria in procuring or letting contracts, requiring KPERS fiduciaries to act solely in the financial interest of the participants and beneficiaries of the system, indemnifying KPERS with respect to actions taken in compliance with such act, restricting state agencies from adopting ESG criteria or requiring any person or business to operate in accordance with such criteria and providing for enforcement of such act by the attorney general.
Enacting the Kansas land and military installation protection act to prohibit foreign principals from countries of concern from acquiring any interest in certain real property in this state.