HB 21-1041: Private Sector Enterprise Protections

• Prohibits state government from passing or implementing laws or rules that restrict private sector enterprises' and their customers' free will and free choice to conduct business, exchange goods and services, and take risks in any manner acceptable to private parties.

• Defines "private sector enterprise" as any private individual, firm, LLC, partnership, corporation, or other legal entity engaged in manufacturing, processing, sale, rental, leasing, delivery, dispensing, distributing, or advertising of goods or services for profit.

• Allows private sector enterprises to assert violations as claims or defenses against state government in any judicial or administrative proceeding, regardless of who brings the proceeding.

• References rights protected by the U.S. Constitution, the Ninth Amendment, the Declaration of Independence, and 18 U.S.C. Section 242.

• Takes effect 90 days after final adjournment of the general assembly, unless subject to a referendum petition, in which case it requires voter approval in the November 2022 general election.