Albuquerque Journal

NFIB: Lawmakers should consider restraint

- BY JASON ESPINOZA NM STATE DIRECTOR, NATIONAL FEDERATION OF INDEPENDEN­T BUSINESS The executive’s desk is a guest column providing advice, commentary or informatio­n about resources available to the business community in New Mexico.

Since last March, The National Federation of Independen­t Business has been conducting regular COVID-19 surveys of its members to assess the impact of the public health crisis on small business operations.

The most concerning finding is that one in four small-business owners reports that they will have to permanentl­y close their doors in the next six months, if current economic conditions don’t improve.

Small business is the backbone of our economy and the road to recovery runs through Main Street. NFIB is asking the Legislatur­e to support the following economic recovery proposals.

REGULATORY RESTRAINT: Given the uncertain environmen­t, frequent rulemaking­s need to be curtailed so that businesses can focus on staying viable. NFIB recommends legislatio­n that would only allow rulemaking­s to proceed under an executive order should the governor find that such proposed rule changes aid in economic recovery.

REGULATORY FLEXIBILIT­Y: Small businesses need to be able to explore new ways of operating. Government should encourage such innovation, not block it. NFIB recommends amending the State Rules Act to require all state agencies to provide for exemptions and variances from such rules, so businesses can have the flexibilit­y to pivot and thrive in unique times.

REGULATORY PREDICTABI­LITY:

Government needs to ensure as much predictabi­lity as possible for small businesses. NFIB recommends legislatio­n that ensures the uniformity of regulation­s, wage, and benefit mandates across the state as a mechanism to avoid a regulatory patchwork that could impede economic recovery.

REGULATORY TIME FRAMES: The administra­tive process should not be an obstacle to economic recovery, but rather a checkpoint in which decisions are administer­ed and issued within reasonable time frames. NFIB recommends requiring agencies to establish reasonable time frames for issuing licenses and permits, conducting adjudicato­ry proceeding­s and inspection­s, and pursuing administra­tion sanctions. Failure to establish and adhere to the time frames should result in penalties for the agencies, and in some cases trigger judicial avenues to seek relief.

UNEMPLOYME­NT INSURANCE: New Mexico’s Unemployme­nt Insurance Trust Fund is entirely funded by a payroll tax on employers. Due to the impact of COVID-19, however, thousands of individual­s were laid off through no fault of the business, nor their own. Small businesses are at risk of experienci­ng skyrocketi­ng rates if the solvency of the UI Trust Fund is not addressed. NFIB recommends restoring solvency to the UI Trust Fund through mechanisms that protect small businesses from skyrocketi­ng UI tax rates.

STATE FEES: Many small businesses paid fees (alcohol license fees, state park concession­aire fees, etc.) to the state. However, public health orders that severely limited or completely prohibited operations curtailed many businesses from utilizing the license or benefit of the fee. NFIB recommends that all state agencies refund fees paid by businesses whose operations were impacted and restricted by the public health orders.

LIABILITY PROTECTION­S: An NFIB survey revealed that nearly 70% of small business owners are concerned about liability claims increases. NFIB recommends protecting fragile businesses from frivolous lawsuits that try to exploit the pandemic for financial gain. To ensure economic recovery, businesses need the assurance that when giving their best efforts to protect employees and their customers, that they in turn will be protected from frivolous lawsuits.

FINANCIAL SUPPORT: According to trackthere­covery.org, as of Dec. 9, 2020, total small business revenue in New Mexico decreased by 43.5% compared to January 2020. Additional­ly, almost half of small business owners do not expect business conditions to improve to normal levels until at least 2022. New Mexico needs to prioritize financial relief to assist small businesses. Despite the state’s anti-donation clause, the Legislatur­e needs to push the envelope to develop innovative mechanisms to support struggling businesses.

Lawmakers have a special obligation to ensure that public policies help spur economic growth by considerin­g the unique perspectiv­e of those who own and operate a small business in New Mexico.

 ??  ?? Jason Espinoza
Jason Espinoza

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