KS
Kansas House Bill HB2100

Kansas 2023-2024 Regular Session

Kansas House Bill HB2100

Introduced
1/19/23  
Refer
1/19/23  
Report Pass
2/9/23  
Engrossed
2/17/23  
Refer
2/20/23  
Report Pass
3/15/23  
Enrolled
4/24/23  

Caption

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.

Impact

This legislation seeks to alter the landscape of public contracts and investments within Kansas by limiting the ability of government entities to impose ESG-related requirements on businesses. It prevents local governments or state agencies from adopting regulations that could disadvantage businesses not meeting specific ESG standards. In doing so, the bill intends to protect traditional industries and promote a more aligned focus on profitability in public investments, potentially influencing the dynamics of investment strategies within public pension funds and other state-managed assets.

Summary

House Bill 2100, known as the Kansas Public Investments and Contracts Protection Act, aims to regulate how the state and political subdivisions engage with companies based on environmental, social, and governance (ESG) criteria. The bill prohibits preferential treatment or discrimination against companies in the procurement of public contracts based on their adherence to these ESG criteria. It also mandates fiduciaries of the Kansas Public Employees Retirement System to act solely in the financial interests of the system's participants and beneficiaries, emphasizing rigorous financial standards over social objectives in investment decisions.

Sentiment

The sentiment regarding HB2100 appears mixed, with significant support from certain legislative factions advocating for reduced governmental constraints on businesses, arguing this promotes economic freedom and stimulates job creation. Conversely, critics raise concerns that the bill may undermine efforts to address social responsibility and environmental sustainability. They fear that it may reflect a broader trend of diminishing local control and failing to hold corporations accountable for their social and environmental impacts.

Contention

Key points of contention surrounding HB2100 include the balance between economic interests and social responsibility obligations. Opponents argue that the inability to consider ESG criteria could lead to negative environmental and social outcomes, particularly as global trends increasingly favor sustainability and corporate responsibility. Proponents, however, contend that the focus should remain squarely on financial performance, suggesting that such a pivot is essential for fostering a competitive business environment in Kansas.

Latest KS HB2100 Activity

View All Events: KS 2023-2024 Regular Session HB2100

Companion Bills

No companion bills found.

Previously Filed As

KS SB224

Enacting the Kansas protection of pensions and businesses against ideological interference act, relating to ideological boycotts involving environmental, social or governance standards, requiring KPERS to divest from and prohibiting state contracts or the deposit of state moneys with entities engaged in such boycotts as determined by the state treasurer and prohibiting discriminatory practices in the financial services industry based on such boycotts.

KS HB2404

Enacting the Kansas protection of pensions and businesses against ideological interference act, relating to ideological boycotts involving environmental, social or governance standards, requiring KPERS to divest from and prohibiting state contracts or the deposit of state moneys with entities engaged in such boycotts as determined by the state treasurer and prohibiting discriminatory practices in the financial services industry based on such boycotts.

KS HB2739

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.

KS SB512

Prohibiting insurance companies from using environmental, social and governance criteria in the process of writing contracts of insurance, indemnity or suretyship, authorizing the attorney general or the county attorney or district attorney where a violation occurred to enforce such prohibition and providing a civil penalty for violations thereof.

KS HF2

A bill for an act relating to public contracts, public fund investing, and lending practices with certain companies that engage in economic boycotts based on environmental, social, or governance criteria, and including effective date and applicability provisions.(See HF 653.)

KS SB261

Relating to public contracts; to prohibit governmental entities from entering into certain contracts with companies that boycott businesses because the business engages in certain sectors or does not meet certain environmental or corporate governance standards or does not facilitate certain activities; to provide that no company in the state shall be required by a governmental entity, nor penalized by a governmental entity for declining to engage in economic boycotts or other actions that further social, political, or ideological interests; to require the Attorney General to take actions to prevent federal laws or actions from penalizing, inflicting harm on, limiting commercial relations with, or changing or limiting the activities of companies or residents of the state based on the furtherance of economic boycott criteria; and to authorize the Attorney General to investigate and enforce this act; and to provide definitions.

KS SB974

Environmental, social, and governance; prohibiting use of certain investment criteria by governmental entities, political subdivisions, businesses, or persons. Emergency.

KS SB974

Environmental, social, and governance; prohibiting use of certain investment criteria by governmental entities, political subdivisions, businesses, or persons. Emergency.

KS HB982

Relating to a prohibition on contracts with certain companies that use certain environmental, social, and governance criteria.

KS HR203

Creates the Environmental, Social, and Governance Criteria Task Force to study and make recommendations regarding regulation of ESG criteria in lending and investment practices

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KS HB2711

Enacting the countries of concern divestment act, increasing the statutory alternative investment percentage limitation for the KPERS trust fund, increasing the amount of KPERS retirant compensation subject to the statutory employer contribution rate to the first $40,000 earned in a calendar year, providing a KPERS working after retirement exemption for retirants employed by a community developmental disability organization or a community service provider in a licensed professional nurse, licensed practical nurse or direct support position and increasing the working after retirement earnings limit for members of the Kansas police and firemen's retirement system.

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IA HF721

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