2023 Legislative Session

Each session we take positions on current bills that stand to impact the business community and our economy, using our legislative priorities as a baseline. Guided by those focus areas, data and member feedback, our policy decisions are guided by a committee of members and our board of directors. View our 2023 policy platform beneath the bills below.

  • Position Key
  • Support
  • Oppose
  • Neutral
  • STATUS Key
  • Passed
  • Failed
  • Vetoed
  • Active
Bill # Title Summary Position Justification Materials Pillars Status
HB23-1017 Electronic Sales and Use Tax Simplification System

This bill modifies the electronic Sales and Use Tax Simplification System (SUTS) to streamline various administrative processes and educate retailers and local taxing jurisdictions.

The Chamber applauds any effort to make doing business easier in Colorado. Simplifying our sales and use tax moves the needle to make doing business in Colorado more friendly.

HB23-1035 Statute of Limitations Minimum Wage Violations

This bill specifies the state statute of limitations for minimum wage violations as two years for non-willful violations and three years for willful violations.

Businesses can plan for and comply with regulations if those regulations are clear. Colorado’s current minimum wage rules do not have a clear statute of limitations, and this ambiguity creates multiple standards for wage claim litigation. We believe this piece of legislation provides clarity and consistency for Colorado’s Minimum Wage rules, creates a more predictable climate for business and staves off unnecessary litigation. Additionally, the statute proposed by HB23-1035 aligns minimum wage law with existing wage record requirements.

HB23-1039 Electronic Resource Adequacy Reporting

This bill requires wholesale electricity services in the state to file a report on the adequacy of its electric resources with the regulatory oversight entity responsible for approving resource plans or rates. The regulatory oversight entity must then submit annually any resource adequacy reports to the Colorado Energy Office. The Colorado Energy Office will then aggregate the resource adequacy reports into a statewide resource adequacy report.

This bill requires adequacy reporting, which allows the state to better understand the feasibility of a wholesale energy transition, especially as we progress toward electrification and a net-zero goal by 2050. This would help ensure there is a realistic transition and will be beneficial to framing the conversation around any future policy goals discussed by the General Assembly. We believe that having the business community lead the energy transition will ensure reliable and functional policies.

HB23-1078 Unemployment Compensation Dependent Allowance

This bill creates a dependence allowance for an individual receiving unemployment compensation for each of the individual’s dependents. The allowance starts at $35 per week and increases annually for inflation. This bill also requires the division of unemployment insurance to report to the General Assembly regarding the dependence allowance annually starting Aug. 31, 2025 and by Aug. 31 each year after. 

The business community has done a great deal to ensure the solvency of Colorado’s unemployment trust fund. This bill puts this solvency into jeopardy and would cost the state tens of millions of dollars.

HB23-1090 Limit Metropolitan District Director Conflicts

For any residential special district, the district is prohibited from approving a purchase of debt from any entity with which the director has a conflict of interest. The bill further prohibits any board member from acquiring any interest in the debt.

Metro districts are essential mechanisms to allow for robust community development and act as a powerful financing tool. With such a lack of housing in the Metro Denver area, further restricting the business of Metro Districts will have detrimental effects on inventory and affordability.

HB23-1092 Limitating Use of State Money

This bill prohibits state money from being used to further certain social, political or ideological interests beyond what controlling state and federal law require. The bill limits the Public Employees' Retirement Association (PERA) to make investments solely on financial factors; prohibits them from investing in certain social, political or ideological interests; and requires a government contract to verify that a company entering into a government contract does not engage in an economic boycott of another company to further their social, political or ideological interests. 

The Chamber supports the ability of PERA investments to be diverse and nimble. This bill restricts the ability to invest in sound instruments and creates an extra burden on the administration of an already cumbersome program.

HB23-1095 Prohibited Provisions in Rental Agreements

This bill amends current law to prohibit a rental agreement from including: an unreasonable liquidated damage clause stemming from an eviction notice; a one-way, fee-shifting clause that awards court costs and attorneys’ fees to only one party; and the clause must award attorneys’ fees to the prevailing party. The bill also prohibits a waiver of the right to jury trial or to join a class action lawsuit or the implied covenant of quiet enjoyment; a provision allowing a landlord to levy a fee if tenant does not provide notice of renewal prior to the end of the rental agreement; and a provision that requires a tenant to pay a fee in excess of the amount a landlord paid for a service.

The Chamber opposes this bill because it adds undue burden to landlords. It eliminates flexibility for landlords to roll over their property to different tenants and creates added requirements and regulations, driving up housing costs and decreasing the amount of available housing.

HB23-1105 Homeowners' Association And Metropolitan District Homeowners' Rights Task Forces

This bill creates the Homeowners' Association (HOA) Task Force and the Metro District Task Force. The HOA Task Force is required to: study issues regarding homeowners’ rights, including HOA fining and authority, foreclosure practices, and communications with homeowners; prepare an interim report regarding its findings; and prepare a final report on or before Dec. 31, 2023. The Metro District Task Force is required to: study issues confronting metropolitan districts homeowners’ rights, tax levying authority and practices, and foreclosure practices; and prepare a report regarding its findings on or before March 1, 2024.

This legislation is duplicative of existing statute and creates added administrative mechanisms to study already well-established data and understanding surrounding these organizations.

HB23-1115 Repeal Prohibition Local Residential Rent Control

This bill repeals a statute that prohibits counties and municipalities from enacting rent control on residential property.

Repealing the prohibition on rent control opens the door to municipalities creating a patchwork of regulations. This prohibition adds artificial pressures on the rental market and will cause new rental construction to grind to a halt, further exacerbating our housing shortage.

HB23-1118 Fair Workweek Employment Standards

This bill changes scheduling practices for nonexempt employees who are employed by a business with at least 250 employees globally in food, beverage or retail, or employers that provide those industries with janitorial, security or integral labor. It requires a 14-day advance notice of any new work schedule; bars employers from hiring additional staff until existing employees are scheduled for their desired number of weekly work hours, up to 40 hours a week or 12 hours a day, by penalty of six months of required retention pay to the existing employee; and entitles certain employees to predictability pay, rest shortfall pay and minimum weekly pay.

This bill would have a significant and widespread impact on thousands of public and private sector employers and employees across Colorado. The bill creates new restrictions on scheduling practices, removes much needed flexibility in the workplace, and ultimately hamstrings those it is intended to help. Creating an employee schedule takes time, elaborate coordination, labor demand management, and often negotiation between an employer and an employee about availability and preference. The bill demonstrates a dire misunderstanding of the way retail, food and beverage, and related industries operate. In its current form, the proposed bill is entirely unworkable for Colorado businesses.

SB23-001 Authority of Public-private Collaboration Unit For Housing

This bill authorizes the public-private collaboration unit in the Department of Personnel to perform additional functions to provide housing. These include: accepting gifts, grants and donations to be credited to the state-owned real property fund if unused; utilizing proceeds from real estate transactions and revenue from public-private agreements; acting as an agent on behalf of the department in real estate transactions deeded to the department; and creating a process for using requests for information to solicit projects.

Housing is one of the Chamber’s top legislative priorities, and we applaud the General Assembly for crafting a public-private partnership system to deliver desperately needed housing stock to market. This bill is effective because it inventories underutilized state lands and repurposes them to build affordable housing, slashing costs to developers and passing savings on to consumers. The Chamber appreciates the General Assembly’s approach to housing using an incentives-based, public-private partnership model, rather than a one-size-fits-all mandate system.

SB23-016 Greenhouse Gas Emission Reduction Measures

The bill commits Colorado to a net-zero target by revising its 2050 goal to 100% emissions reductions and sets additional interim targets at five-year intervals. This bill includes measures that establish a state income tax credit in an amount equal to 30% of the purchase price for new, electric-powered lawn equipment and construction of new transmission lines for a cleaner electric grid by requiring local governments to expedite reviews of transmission projects.

The Chamber opposes this bill unless amended. While the Chamber supports tax credit incentives to ease the cost of transitioning to electric energy for businesses, we trust that the current targets for the state’s emission reduction plan are sufficient to meet the net-zero goal by 2050. We oppose changing interim targets on emission reduction standards because it places an onus on businesses to retrofit their property in time to meet these targets. The cost of these changes will have a damaging impact on the economy with most of the financial burden being placed on the back of businesses. We encourage the sponsor of this bill to remove the interim targets and clarify the incentive language.

SB23-035 Middle-income Housing Authority Act

This bill clarifies that the middle-income housing authority has the ability to enter into public-private partnerships by specifying that: the affordable rental housing component of a public-private partnership is exempt from state and local tax; a public-private partnership may transfer interest of the project to an entity other than the authority; the authority may issue bonds to finance affordable rental housing; and bonds issued by the authority may be paid with the revenue and assets of the affordable rental housing component of a partnership.

The Chamber supports this legislation because it provides clarity to the operationalization of the middle-income housing authority, so that our state can increase sorely needed housing inventory. We encourage the General Assembly to continue advancing a public-private partnership model because it is a commonsense way to increase housing stock and create affordable housing for our workforce.

SB23-051 Conforming Workforce Development Statutes

This bill creates the Office of Future of Work in statute and expands its duties. This bill also amends statutes to enable the U.S. Department of Labor’s Office of Apprenticeship to recognize Colorado’s state apprenticeship agency and modifies language to make this change.

This bill formally establishes an office that seeks to upskill and reskill our workforce to keep it competitive. It is imperative to our state’s success that we create economic opportunity for all sectors of the workforce, and continue to assure we have a strong talent pipeline by ensuring apprenticeships and other workforce training programs.

SB23-056 Compensatory Direct Distribution to PERA

The Public Employees’ Retirement Association (PERA) was entitled to a distribution of $225 million in 2020; however, funds were deferred due to budgetary pressures. HB22-1029 made a partial repayment to PERA, and this bill makes full repayment to PERA for their entitled distribution by allocating an additional $35,050,000.

We support dispersing the funds entitled funds to PERA. Further, PERA is a debt obligation of the state, and responsibly managing that debt is essential to protecting our state’s credit rating and ability to attract companies and jobs.

SB23-058 Job Application Fairness Act

This bill prohibits employers from asking a job seeker about their age date of birth, or dates of attendance at or graduation from an educational institution. Exceptions for compliance with occupational safety, federal law and state or local occupational requirements are allowed. The Colorado Department of Labor and Employment would have authority to issue warnings and civil penalties for violations.

This bill is misaligned with what employers are experiencing in the current labor market. Whereas there are two available jobs for every unemployed Coloradan, employers have never been more flexible in their hiring practices and adaptive on job requirements. Further, the legislation is rendered moot as soon as candidates advance in the hiring process. Finally, businesses ought to be able to hire the talent that they need without additional restrictions. This bill is an intrusion on the hiring process in an attempt to address a problem that is not an issue in the current labor market.

SB23-066 Advanced Industry Acceleration Programs

This bill extends the Advanced Industry Export Acceleration Program and the Advanced Industries Acceleration Grant Program by 10 years. It also broadens eligibility for qualifying businesses to access an international export development expense reimbursement. Additionally, the Advanced Industry Export Acceleration program allows businesses to receive an international export development expense report, provided they meet eligibility requirements.

These funds foster our advanced industries and have a measurable positive impact on job growth, innovation and economic stimulant. Continued investment in these industries generates economic growth for our state and strengthens Colorado’s competitive edge.