This afternoon two prominent Denver attorneys released a legal opinion confirming the constitutionality of authorizing the hospital provider fee as an enterprise fund. Attorneys Jon Anderson of Holland and Hart and former counsel to Republican Gov. Bill Owens and Trey Rogers of Lewis Roca Rothgerber Christie and former counsel to Democratic Gov. Bill Ritter agree that the move is constitutional. The legal opinion reveals that Colorado case law supports this position. The hospital provider fee does qualify as a business as it collects fees from service users for a benefit, which are key criteria for an enterprise fund. Additionally, the memo debunks the myth that there must be a “private sector parallel” to qualify as an enterprise.
Chamber President and CEO Kelly Brough released a statement regarding the announcement: “The release of the Office of Legislative Legal Services memo earlier this year hasn’t slowed down our efforts to correct what we see as a clear error in how we account for our own general revenue. Opinions from offices of attorneys general and now this bipartisan legal team confirm our thinking that it is constitutional to repeal and reauthorize the hospital provider fee as an enterprise fund,” she said. “This isn’t about politics. It’s about what is best for moving Colorado forward, honoring TABOR and ensuring we can support the education and infrastructure we need to stay competitive. We’re encouraged by this latest legal memo and will continue to advocate for creating a hospital provider fee enterprise fund.”
Today, the Colorado Statesman published an opinion piece from Mizraim Cordero, vice president of government affairs for the Chamber. In it, Cordero sets straight the facts about repealing and reauthorizing the provider fee into an enterprise fund. The piece is in direct response to an article outlining the Colorado chapter of the National Federation of Independent Business’ opposition to this move. You can read the full piece and get the facts here.
Colorado Open for Business for All
The Chamber this week opposed House Bill 1180, which says that no state action can burden a person’s right to exercise religion. During the last legislative session, the Chamber opposed two similar bills based on the concern that they can be used to discriminate against people based on their sexual orientation. Last year we saw others states consider similar kinds of legislation. In Indiana the passage of the bill was met with major objections from business, and one study estimated as much as $60 million in hotel profits, tax revenue and other economic benefits were lost.
The Chamber has again taken this position in opposition because our focus is to attract and retain top talent; this bill will impact our ability to do that. “Colorado is a place known for its inclusive and collaborative culture; it’s part of who we are and why people choose to live and do business here,” Chamber President and CEO Kelly Brough said in a statement this week. “We’re open for business to everyone, and we plan to keep it that way.”
Want to read more about the bills the Chamber is tracking? Click here.