Gun manufacturers can’t sponsor events hosted by Lenexa. This bill could change that
The Kansas House passed a bill Thursday that would likely invalidate a Lenexa policy banning gun manufacturers from sponsoring city-hosted events like the annual chili cook-off and July 4 Freedom Run.
Lenexa’s long-standing policy, passed as a resolution by the city council, also applies to political campaigns, pornography, tobacco products and alcohol products, but the state legislation would impact only the prohibition for gun manufacturers.
The chamber voted 85 to 38 to pass a bill that requires the state pension fund to make investments only based on fiduciary responsibility and blocks the state and any local government from granting preferential treatment or discrimination to businesses based upon environmental, social and governance criteria, or ESG.
ESG is an investment strategy that Republicans argue prioritizes liberal policy goals over financial gain.
The proposed bill defines ESG criteria as considering whether a company engages in a wide variety of businesses including fossil fuels, agriculture, lumber, mining, greenhouse gas emissions, firearms and abortion. As a result no local or state government can give preferential or discriminatory treatment to a company solely because the company is involved in those industries.
Considering the diversity of a corporate board would also be considered ESG criteria.
As a result, Lenexa’s policy could be invalidated. Mike Nolan, the city’s assistant city manager, said on its face the bill appears to directly contradict the long-standing policy but further review would be needed.
The policy was designed to ensure sponsors of the events were not those that might harm the “public health safety and welfare of the community,” Nolan said. And it’s meant to keep political campaigns out of popular city events, including the annual chili competition, he said. .
“On the far extreme end … the city council would be faced at some point with deciding whether or not because of that bill barring us from excluding firearms manufacturers from our family festivals whether or not we would continue soliciting sponsorships at all,” Nolan said.
The city, he said, would also have to review all its local contracts to determine whether anything else was out of compliance. The state proposal, he said, represented an infringement on local decision-making.
Rep. Nick Hoheisel, a Wichita Republican who chairs the House Financial Institutions Committee, referenced Lenexa when supporting the provision on the House floor. He said the provision was not written to target Lenexa but the city’s policy played a role in the decision to leave the policy in the bill during negotiations.
“The Second Amendment is enshrined in the constitution, it’s a constitutional right and we think using any entity of government to quash a constitutional right is problematic,” Hoheisel said.
Speaking on the floor Rep. Rui Xu, a Westwood Democrat, sought the removal of the provision. He said the piece infringed on local authority.
“If you’re against that. That’s fine. There are narrow solutions to try to deal with that,” he said of the Lenexa ordinance.
He said the same language blocking the Lenexa provision could also block rural counties from offering preferential treatment to a company solely because of its agricultural ties because agriculture is also included in the bill’s ESG definition.
“Holding our cities hostage in this is going to lead to a ton of unintended consequences,” Xu said.
