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2013 14 Nfib Ny Legislative Agenda
2013 14 Nfib Ny Legislative Agenda
What is NFIB?
The National Federation of Independent Business (NFIB) is New York and the Nations leading small business advocacy organization. Headquartered in Nashville, Tennessee and with a significant presence in Washington D.C. and in every state capitol across the country, NFIB truly is the voice of small business. As a member driven organization, the public policy platform we promote is directly tied to the interests and voice of our members. NFIB is not an organization driven by big business.
60% of NFIB members have 5 or fewer employees. 55% of NFIB members report gross sales of $350,000 or less.
NFIB is proud to represent Main Street and work with lawmakers on both sides of the aisle to provide an economic environment conducive to small business.
Dear Lawmaker The National Federation of Independent Business is New Yorks leading small business advocacy organization. Representing nearly 11,000 small and independent businesses across New York, NFIBs mission is to promote and protect small business owners right to own, operate and grow their business. As the largest organization representing small business in the state, NFIB/NY supports fair tax policies and sensible regulations as a means to restore and revitalize New Yorks small businesses. The importance of small business to New Yorks economy cannot be understated. At most recent count, there were more than 1.5 million small businesses in New York, employing more than sixty percent of the states private sector workforce. In addition to creating employment opportunities, small businesses strengthen our communities through their vital role in local economies. Whether employing our neighbors or providing readily accessible goods and services, small businesses are an integral facet of our daily lives. An unprecedented level of uncertainty however threatens small business as the economic engine of our state and local economies. Key policy decisions in both Washington, D.C. and Albany during this legislative session will impact the sustainability of many small businesses in our state. NFIB/NYs legislative agenda both represents our principles and sets forth the foremost issues of importance to our members. We encourage you to consider the profound impact legislation has on small business. We look forward to working with you to promote policies that will benefit small businesses and taxpayers, propelling New York to a better economic future. Very truly yours,
Michael Durant
NFIBs mission is to promote and protect your right to own, operate and grow your business.
Tax Reform
NFIB/NYs broad tax relief plan aims to reduce the substantial tax burden on New Yorks small businesses. Sensible tax reform will provide both tax relief and clarity for Main Street.
PIT Reductions
NFIB/NY strongly urges any tax reform to be broad in impact. Many small business owners pay their business taxes through their personal income tax returns. It is essential that any tax reform plan incorporates both personal and corporate tax reductions. Anything short will put more of New Yorks stifling tax burden on the shoulders of the small business community.
In 2013, the Tax Foundation ranked New York 50th in Business Tax Climate. New York consistently ranks as having the nations worst state and local tax burden. New York has no future as the tax capital of the nation... - Governor Andrew Cuomo, State of the State address on January 5, 2011
Regulatory Reform
Repeal the Wage Theft Prevention Act . Repeal the Diesel Emissions Reduction Act (DERA). Create a statewide agribusiness regulatory review committee to evaluate current/proposed regulations. Reform the online process/forms for vendors and contractors to complete in order to apply for and receive sales tax credits. Exempt small scale, on-farm processing sites from state building code, local zoning and permitting requirements. Repeal the $50 penalty to file a late sales tax form when no tax is due. Streamline DOL paperwork for work share programs by creating an online system that populates timesheet information that remains the same each week or allow photocopying of a timesheet that retains basic information. Analyze and reform the SEQRA process with the goal of improving and expediting the review process to create necessary jobs faster. Reforms should focus on transparency and definitive timelines. Phase out the Systems Benefit Charge as a means to lowering energy costs and creating jobs. Use alternate project delivery methodologies in infrastructure development including allowing the use of best value/low price. Allow businesses to pre-fill Certificates of Authority using information from the previous year and requiring businesses to only make changes when/if changes occur. The 2013 Workers Compensation Reform should be reinforced with the immediate adoption of the American Medical Association guidelines and the implementation of the American College of Occupational and Environmental Medicine Treatment protocols . Implement a comprehensive evaluation and training program for Administrative Law Judges involved in the Unemployment Insurance and Workers Compensation appeals process in order to promote consistency in rulings and provide needed clarity for small business.
New Yorks anti-business reputation is cemented in place until comprehensive regulatory reform is implemented. Onerous red tape is costing NY jobs, interrupting day-to-day operations and forcing small business to alter their future business plans. Sensible regulations are necessary to restore New Yorks economic engine.
Tort Reform
Reform the notorious Scaffold Law NFIB/NY strongly supports S.111 (Gallivan) / A.3104 (Morelle). New York is the only remaining state in the country that has a strict liability standard for gravity related accidents. This necessary reform will adopt a comparative negligence standard to balance worker safety while allowing businesses to have their day in court. NFIB/NY Opposes S.555a (DeFrancisco) / A.1002a (Weinstein) a bill that permits a plaintiff to recover directly against a third party defendant when the judgment against the original defendant has not been satisfied after thirty days. Under the states existing joint and several laws, third party defendants like municipalities, are often forced into litigation. This bill would compound that problem by encouraging plaintiffs to add as many third party defendants as possible. NFIB/NY Opposes S.744 (Fuschillo) / A.1056 (Weinstein) a bill that would amend the statute of limitations for medical, dental or podiatric malpractice to include a discovery of injury rule. This legislation would have the practical effect of extending indefinitely the time period within which a lawsuit may be filed, putting physicians and hospitals at greater risk, driving up the cost of medical liability insurance and exacerbating the physician shortage in many counties across New York. Trespasser Liability Reform New York is one of a minority of states that holds a land owner responsible for injuries to any reasonably foreseeable entrants on property, including unwanted trespassers. This means that a person who enters anothers property without legal right or permission, and sustains an injury, can sue the land owner for that injury. This has directly led to a significant cost increase in insurance premiums for small businesses across the state. NFIB/NY Opposes S.2769 (Parker) / A.2047 (Kavanagh) a bill that would allow private citizen suits to be brought in response to alleged violations of Environmental Conservation Law. This legislation would not significantly enhance environmental protections and would increase an already burdened court system with frivolous lawsuits. Additionally, this bill would allow citizen lawsuits even when the DEC and/or Attorney Generals office have decided that an alleged violation does not warrant enforcement.
Tort reform is an essential piece of the NFIB/NY agenda. New York City and Albany continue to rank among the top 5 judicial hellholes in the nation by the American Tort Reform Foundation. This litigious environment is directly related to our high business costs and is a direct contributor to New Yorks continued outmigration problem.
Product Bans
NFIB/NY believes that New York should look to sensibly regulate products, especially those used in manufacturing. More than a dozen consumer product safety laws already provide oversight of products to ensure safety for intended use. Unilaterally banning products that allegedly pose a risk to the health and environment absent any proven scientific fact, poses a threat to jobs across a myriad of industries and the sustainability of many manufacturers, particularly in Upstate New York. NFIB/NY opposes S.4614 (Boyle) / A.6328 (Sweeney) which would onerously regulate chemicals in products. NFIB/NY opposes S.4780 (Grisanti) / A.6557 (Sweeney) which prohibits the use of chemical flame retardants on upholstered furniture. NFIB/NY opposes A.1654 (Maisel) which prohibits the manufacturing, sale or distribution of business transaction paper containing Bisphenol A. NFIB/NY opposes S.3419a (Krueger) / A.4973a (Kavanagh) which would implement a statewide ban on the use of polystyrene. This directly threatens thousands of manufacturing jobs in Upstate New York.
Mandate Relief
New Yorks school districts and municipalities need comprehensive relief from state imposed mandates. The property tax cap put in place in 2011 was the first step to reining in the property tax burden in New York. Now Albany must implement meaningful mandate relief to sustain the tax cap and provide fiscal flexibility for our schools and communities. NFIB/NY is a proud member of the historic Let NY Work coalition and is working to advance this bold and aggressive mandate relief agenda.
No New Mandates Adopt S.4094 (OBrien)/ A.3106 (Morelle) the Unfunded Mandate Reform Act, allowing the Governor to submit a plan, requiring legislative approval, to repeal/revise unfunded mandates. Reform the Wicks Law Reform the Scaffold Law Freeze step increases when contracts expire Establish minimum health contribution levels for Public Employees and Retirees Pass the Public Construction Savings Act, S.3484 (Ranzenhofer) / A.6523 (Schimminger) Appoint the Health Care Quality Cost and Containment Commission
New York will never truly be open for business if we continue to avoid addressing the underlying reasons for the fiscal peril our schools and communities face. The tax cap was the first step towards a necessary recalibration of fiscal practices in New York. Mandate relief needs to be the dramatic second step.
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NFIB/NY strongly opposes the Farmworkers Fair Labor Practices Act S.1743a (Espaillat) / A.1792a (Nolan) which would impose factory style labor mandates onto our family farms. Supports S.1119a (Maziarz)/ A.4202a (Camara) which allows for the storage and transportation of Liquefied Natural Gas. Supports S.1671a (Grisanti)/ A.5365 (Schimminger) which provides for an asbestos remediation tax credit. Supports legislation to provide necessary broadband internet access and infrastructure throughout New York, particularly Upstate. Opposes Family Medical Leave expansion legislation. Most small business owners accommodate their employees needs in an emergency situations. An estimated 96 percent of small business owners offer flexible working hours for their employees when necessary, and 75 percent of employers provide some form of paid sick leave. Expanding the FMLA again will drastically increase the amount of paperwork and money a small business owner must spend to comply, adversely impacting other benefits offered and/or their ability to grow their business and add new jobs. Opposes legislation that would impose new coverage mandates on health care. These well intended pieces of legislation only further drive up New Yorks health care costs, which are among the highest in the nation. Tax, Fee and Toll Increases NFIB opposes any tax, fee or toll increases on New Yorks employers and taxpayers. Small business--the engine that drives our economy--simply cannot afford any more costs, especially in this challenging economy. After three consecutive fiscally responsible budgets, New York cannot revert back to its tax and spend ways of the past.
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NFIB/NY 100 State Street, Suite 1010 Albany, New York 12207 (518)434-1262