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Perceptions and Regulations:
                                           How Minnesota Business Owners See the Impact
                                           of State and Local Regulations on their Firms

                                          How do state and local regulations affect Minnesota businesses?
                                          The answer to this question would be long and complicated. However,
                                     asking how Minnesota business owners perceive the impact of state and lo-
                                     cal regulations on their businesses and on the state’s business environment
                                     in general can be just as informative, perhaps even more.
                                          The idea is often asserted that Minnesota’s regulatory climate has a
                                     significant impact on Minnesota’s business environment, positive or nega-
                                     tive, and hence the state’s competitiveness in attracting and keeping busi-
                                     nesses. While it is the state and local officials who make the regulations, it
                                     is the business owners who make the decision whether to stay or go, and
                                     those decisions are based on the owners’ attitudes toward and perceptions of
                                     regulations.
                                          The empirical study forming the basis for this brief examines the percep-
                                     tions Minnesota business owners hold regarding the impacts state and local
                                     government regulations have on Minnesota businesses. The study does not
                                     address the impact of federal regulations or address the comparative ques-
                                     tion of whether Minnesota’s business climate is “better” or “worse” than
                                     neighboring states’. It does, however, provide a clearer picture of Minnesota

                                     by ANTHONY J. FILIPOVITCH, PH.D & ALEXANDER CAHILL
                                     Urban & Regional Studies Institute, Minnesota State University Mankato

                                     This research was supported by a grant from the Center for Rural Policy Development. The authors wish to
                                     acknowledge the assistance of the project advisory committee and the board and staff of the Center in the preparation
                                     of this report, particularly Marnie Werner, Tom Riley, Mike Nolan, Pat Henderson, Lisa Hughes, Connie Ireland, and
                                     Kurt Thompson. While their advice was invaluable, the opinions and conclusions expressed in this report are those of
                                     the authors, and not those of the Center for Rural Policy Development or Minnesota State University, Mankato.
      A PDF of this report can be
downloaded from the Center’s web
        site at www.ruralmn.org.     The Center for Rural Policy and Development, based in St. Peter, Minn., is a private, not-for-profit
    © 2013 Center for Rural Policy   policy research organization dedicated to benefiting Minnesota by providing its policy makers with
               and Development       an unbiased evaluation of issues from a rural perspective.
Table V: “Most important challenges facing your company.”

Challenges                  Rank 1   Rank 2   Rank 3     Rank 4    Rank 5      Rank 6    Rank 7     Rank 8
Increased Competition          40       28       27         20        20          18        14          7
Inadequate Infrastructure      5        7        15         12        19          39        29         24
Regulation                     61       27       33         16        12          13        12          2
Labor Costs                    16       31       40         29        28          14         3          5
Insurance/Other Costs          38       53       32         21        16          10         7          0
Workforce Issues               15       23       16         26        27          20        19         13
Access to Capital              35       17       12         15        15          18        40         11
Other                          11       6        15         10         6           5         5         72




business owners’ attitudes toward       were government regulation;             the issue is less with the regula-
regulations, their perceptions          business costs other than labor;        tions themselves than with the
of the degree of impact on their        increased competition; and labor        difficulty of compliance. It is as if
businesses, and their view of the       costs.                                  the survey respondents were say-
regulators who enforce them.                The comparisons among busi-         ing that the rules are inflexible,
     An online survey based             nesses in the Twin Cities metro         incomprehensible, ineffective,
on one developed for the Irish          area (Metro), regional popula-          and inconsistent, but we comply
equivalent of the Department of         tion centers (non-Metro), and           with them. Given the stress in the
Commerce was distributed to a           rural businesses (rural) revealed       literature on the negative impact
random sample of 10,000 busi-           that, for major issues and im-          of regulations on small business-
ness corporations in Minnesota.         pacts, there were few differences       es, it is interesting that it was the
The initial response rate was 199       based on location in the state.         larger firms that were more likely
respondents, or 2%. A second            While regulation was given as the       to report perceiving compliance
wave of survey responses was            greatest challenge everywhere in        as burdensome. Respondents
generated by inviting participa-        the state, competition came in a        also reported that the regulations
tion from subscribers to e-news-        close second in both the Metro          that have the most significant
letters from Small Business De-         and non-Metro cities. Labor and         impact on one’s own business
velopment Centers and Enterprise        other costs were a close second         do not have a particularly heavy
Minnesota, bringing in additional       in rural areas. The pattern of re-      compliance burden. Instead, they
118 responses. A supplemental           sponses indicates that businesses       perceive the most burdensome
survey, targeted specifically to        in the non-Metro cities are much        regulations as those that have an
the Metro/non-Metro/rural dif-          more concerned about regula-            effect on business in general.
ferences, was sent by e-mail to a       tions than those in the Twin Cities
sample of 1,500 businesses (500         metro area or in rural areas. Busi-     Discussion & Implications
from each location) listed by area      nesses in rural areas, particularly,        This study set out to explore
chambers of commerce. This              were less concerned about state         three questions regarding busi-
survey returned 112 responses           and local regulations than the          ness owners’ attitudes toward
(36 from Metro, 38 from Greater         cost of doing business.                 regulation—the impact of regu-
Minnesota cities, 38 from rural             The top priority for regula-        latory compliance on business;
counties).                              tory change was in the area of          the relative impact of regulatory
     The survey found that the top      income and corporate taxation.          compliance on a business in rela-
four challenges for businesses          Except for taxes, it appears that       tion to its competitors; and the
2                                                                              Center for Rural Pollicy & Development
Table VII: Impact of regulation on business.
 Areas of Regulation                  Major Impact      Moderate Impact   Little Impact   No Impact
 State/Local Health and Safety Regs             25.25             31.19          25.74       17.82
 State/Local Environmental Regs                 23.65             29.06          26.11       21.18
 State/Local Land Use Regulations               22.66             20.20          28.08       29.06
 Reporting MN Income/Corporate Tax              20.10             39.22          30.39       10.29
 State/Local Business Licensing                 19.70             31.53          36.45       12.32
 Other State Employment Law                     15.27             42.86          31.53       10.35
 State/Local Corporate Regulations              14.22             32.35          40.69       12.75
 Reporting Industry Specific Taxes              10.15             22.84          34.01       33.00
 Return of Statistical Data                      4.50             21.50          41.50       32.50

Table VIII: Regulations that have most significant impact on your business.

 Most Significant                     Percent       Number
 Reporting MN Income/Corporate Tax       33.33%            65
 State/Local Business Licensing          13.85%            27
 State/Local Land Use Regulations        12.82%            25
 State/Local Health and Safety Regs      11.80%            23
 State/Local Environmental Regs          11.28%            22
 Other State Employment Law              12.82%            15
 State/Local Corporate Regs               5.13%            10
 Reporting Industry Specific Taxes        3.08%              6
 Return of Statistical Data               1.03%              2




differential impact of regulatory              3.	 Increased competition.          corporate income taxes; when
compliance on various categories               4.	 Labor costs.                    they were asked about the impact
of businesses, including rural                                                     on business in general, they were
businesses.                                  The findings also indicated           most concerned about safety, en-
                                        that it was difficult for respon-          vironmental, and land use regula-
Impact of Regulatory Compliance         dents to separate the impacts              tions. In fact, the top five rank-
on Business                             of state and local agencies and            ings show an inverse correlation
    Overall, respondents ranked         regulations from those of federal          between whether the question is
regulations as the greatest chal-       agencies and regulations.                  posed about business in general
lenge (Table V). (Table numbering            Examining the issue more              or one’s own business. The issues
has been preserved from the full        closely, questions about the               most important to a business
report.) The survey found that the      impact of regulations on busi-             owner’s own business were least
top four challenges for businesses      ness in general vs. the impact on          important to business in general,
were:                                   their own businesses exposes a             and vice versa. This suggests that
                                        discrepancy (Tables VII, VIII and          at least part of the concern being
    1.	 Government regulations.         IX). When considering the impact           expressed is a matter of percep-
    2.	 Business costs other than       on their own businesses, respon-           tion rather than direct experience.
        labor.                          dents were most concerned about

Perceptions and Regulations: Impact of State and Local Regulations                                                  3
Table IX: Reasons for stating regulations have significant impact on your business.

 Statement                                      Strongly Agree   Agree   Neither   Disagree    Strongly
                                                                                               Disagree
 The regulations are flexible                       <.01%         10%     25%         39%         26%
 The regulations are easy to understand              2%           17%     19%         39%         23%
 The regulations achieve their objectives           <.01%         14%     31%         37%         18%
 The regulations are consistent                     <.01%         13%     33%         39%         15%
 The regulations are appropriately enforced          3%           20%     34%         27%         16%
 Despite the number, it is still possible to         2%           37%     36%         15%         10%
 comply




     The top priority for regulatory           compliance was perceived as the        the increasing complexity of exist-
change was in the area of income               most burdensome; in non-Metro          ing regulations.
and corporate taxation. Unlike                 cities, it was compliance with              Some pointed to duplication
the other issues, the problem                  environmental regulations; in the      of authority, such as the Depart-
here seems to be with regulations              Metro area, it was employment          ment of Agriculture and EPA,
themselves rather than how they                regulations (Table XLIII).             state and federal employment
are enforced. The open-ended                        There is some tension among       regulations, the MPCA and the
responses referred to the sheer                the types of firms between consis-     DNR, the Minnesota Depart-
number of taxes, to the role of                tency of enforcement and flex-         ment of Revenue and Minnesota
some businesses in collecting tax-             ibility in enforcement. For some,      Unemployment, and multiple
es from customers for the state,               the issue is that the regulators       inspectors at the same worksite,
and to the amount that was taken               are too inflexible; for others, it     each with his or her own man-
in taxes (especially compared to               is that they are inconsistent (one     dates that could stop construc-
neighboring states).                           person’s “inconsistency” could be      tion.
     Except for taxes, it appears              another’s “flexibility”). Some of           Although respondents re-
that the issue is less with the                the open-ended responses stated        ported that compliance is more at
regulations themselves than with               that there were too many regula-       issue than the nature of the regu-
the difficulty of compliance.                  tions from too many sources to         lation, compliance is reported as
This finding coincides with the                keep them all straight. Others         a burden less frequently than the
findings of the state Legislative              took the position that the regula-     overall “impact” of regulations.
Coordinating Commission study                  tors were not there to help the        Also, given the stress in the lit-
(Dhakal, 2011). It appears that                businesses, but to punish them,        erature on the negative impact of
survey respondents consider the                and that they came with demands        regulations on small businesses,
rules inflexible, incomprehensi-               but no answers or authority to         it is interesting that it was the
ble, ineffective, and inconsistent,            make final decisions about how         larger firms that were more likely
but they comply with them any-                 one was to comply with those           to report perceiving compliance
way. While taxes were perceived                demands.                               as burdensome. Respondents
as having the greatest impact, the                  One finding of particular         reported that the regulations that
burden of complying with tax                   interest, though, was when             have the most significant impact
regulations was not considered to              respondents reported that their        on one’s own business do not
be as heavy as other regulations.              cost of compliance is increasing       have a particularly heavy com-
In rural areas, health and safety              because of new regulations and         pliance burden. Instead, they

4                                                                                   Center for Rural Pollicy & Development
Table XLIII: Level of burden by location (% reporting burden to be heavy).

                                                            Other Em-    Environ-
              Income/    Land Use    Business    Health &   ployment      mental      Corporate   Statistical
              Corp Tax     Regs      Licensing    Safety       Law         Regs         Regs        Data        Reporting
Metro           0%          3%         17%         17%         20%           9%          9%          3%           6%
Non-Metro       8%          16%        14%         11%         11%           27%         8%         15%           11%
Rural           6%          11%         6%         20%         14%           17%         6%         14%           11%




perceive the most burdensome            perceived regulations as neutral),         compact enough for more intense
regulations as those that have an       on the open-ended questions                enforcement than in rural areas,
effect on business in general.          many asked for tighter oversight           while enforcement in the Metro
                                        of banks and real-estate lend-             area is focused more on a num-
Relative impact of regulatory           ers, limitations on bank fees and          ber of complex cases. Or perhaps
compliance on a business in rela-       Internet commerce, limitation              businesses in non-Metro cities
tion to its competitors                 on utility rate increases, limita-         expect a more “personal” style
    The dominant response               tions on lobbying, and increased           of enforcement like rural areas,
concerning regulations and their        support for renewable energy.              rather than a more bureaucratic
effect on competition was that          Although these comments were               style common in very large met-
regulations had no significant          offered by only a few respondents          ropolitan areas. It also suggests
effect on the business environ-         and are not necessarily represen-          that future research look into the
ment in general. When asked             tative of the group, they do sug-          conditions that generate different
about the competitive impact            gest areas in which regulations            business expectations in different
on their business specifically, on      might be perceived as having a             areas in regard to regulation and
balance respondents reported            particularly noticeable effect on          what regulatory agencies might
that regulations had little effect      relative competitiveness.                  learn from those expectations.
on the intensity of competition,                                                        The Metro/non-Metro/rural
although regulations did limit the      Differential impact of regulatory          comparisons revealed that, for
entry of new competitors into the       compliance on various categories           major issues and impacts, there
market. In terms of competition         of business                                were few differences based on
with firms outside Minnesota,               The pattern of responses               location. State and local regu-
perceptions were about evenly           indicates that businesses in the           lations were perceived as the
split on whether Minnesota has          non-Metro cities are much more             greatest challenge regardless of
more regulations or about the           concerned about regulations                location in the state, although
same amount.                            than those in the Metro area or in         businesses in non-Metro cities
    And yet, while the respon-          rural areas. This finding suggests         responded more strongly (Table
dents clearly expressed a de-           that further research is needed to         XXXVIII). Within the category of
sire for fewer and less intrusive       explore whether the difference is          regulations, however, regional
regulations, and while few of           due to differences in enforcement          differences begin to emerge.
them reported perceived benefits        or differences in expectations.            Businesses in all three areas
from regulation (at best, they          Perhaps non-Metro cities are               were most concerned with

Perceptions and Regulations: Impact of State and Local Regulations                                                          5
Table XXXVIII: Top-Ranked Challenge by Location (%)
              Competition Infrastructure     Regulation Labor Cost     Other Cost     Workforce     Capital   Other
 Metro            19%           3%             22%          11%           19%            8%          17%            0%
 Non-Metro        32%           3%             34%          8%            5%            11%           5%            3%
 Rural            13%           0%             26%          18%           21%            8%           3%        11%



Table XL: Major Impact of Regulations on Business by Location (%)
             Income/    Land Use   Business      Health &     Other        Environ-     Corporate     Statistical    Reporting
             Corp Tax     Regs     Licensing      Safety    Employment      mental        Regs          Data
                                                               Law           Regs
 Metro         32%        10%          16%         3%            23%         6%           10%            0%              0%
 Non-Metro     33%        14%          14%         6%             0%         17%          14%            0%              3%
 Rural         26%        9%           12%         15%           15%         9%            3%            6%              6%




income/corporate taxes (Table           ing field, but not so much as to               them with other agencies. This is
XL). Burden of compliance also          stifle innovation and entrepre-                great for businesses, where time
varied (Table XLIII). Businesses in     neurship. Finding this balance                 is money.
the non-Metro cities were most          will require effort at the local as                • Go beyond “customer ser-
concerned about complying with          well as the state level—local gov-             vice” training for regulators.
environmental regulations, while        ernment regulations like land use              Business owners reported that
businesses in rural areas reported      controls and business licensing                their biggest issue with regula-
the greatest burden from health         were mentioned as much as state                tors was that the process was too
and safety regulations. Businesses      regulations like pollution control             inflexible. However, nearly half
in the Metro area reported their        and sales tax reporting.                       of business owners also reported
greatest burden from employment                                                        that regulators did not sufficiently
law.                                    Potential next steps                           understand the practices in the
                                             • Coordinate and streamline               respondents’ businesses, that the
Recommendations                         the tangle of regulations already              regulators’ decisions were not
    The findings from this survey       in place.                                      predictable, that the process for
appear to confirm the findings          First of all, we would recommend               appeals was not clear, and it was
from the report to the Minnesota        that policy makers, whether at the             not clear who was responsible for
Legislative Coordinating Com-           state or local level, consider the             making decisions.
mission cited at the beginning of       impact any new regulation will                     While some agencies may be
this report (Dhakal, 2011): The         have in combination with already               practicing customer service train-
primary issue expressed by busi-        existing regulations. One of the               ing for their regulators, the issues
ness owners is in complying with        most telling findings in this study            stated above go beyond learning
regulations, rather than the num-       was that business owners say the               standard customer service prac-
ber or character of the regulations     cost of compliance is increasing               tices and need to be addressed
themselves.                             because of the increasing number               through agency policy. Agencies
    The trick, therefore, is to find    and complexity of regulations.                 could consider examining these
a balance between having and            Some state agencies are already                issues of inconsistency that are
enforcing enough regulation to          working to streamline their regu-              causing frustration for business
keep everyone on an even play-          latory processes and coordinate                owners and take steps to address
6                                                                                     Center for Rural Pollicy & Development
them if necessary, ensuring that
any new policies that result are
communicated down to those
who work directly with the pub-
lic.
     • Education for “customers”
on the various regulations—in-
cluding processes—and the
benefits they provide. Education
also falls to the business owner.
Plain-English explanations of the
regulations, available through
printed materials, web sites, and
regulators, could lower the frus-
tration level for the people who
are expected to comply.
     Comparing Minnesota’s
regulations with those of other
states may be less important than
doing a better job with what we
have. As Dhakal (2011) pointed
out, businesses do not necessar-
ily choose the states with fewer
regulations. They choose the
states with the best opportunities
and figure out how to deal with
the regulations.




This full report can be found online at
www.ruralmn.org.




Perceptions and Regulations: Impact of State and Local Regulations   7
Find us online:
www.facebook.com/ruralmn
   Twitter @ruralpolicymn



    Center for Rural Pollicy & Development

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Perception and-regulation-brief

  • 1. Perceptions and Regulations: How Minnesota Business Owners See the Impact of State and Local Regulations on their Firms How do state and local regulations affect Minnesota businesses? The answer to this question would be long and complicated. However, asking how Minnesota business owners perceive the impact of state and lo- cal regulations on their businesses and on the state’s business environment in general can be just as informative, perhaps even more. The idea is often asserted that Minnesota’s regulatory climate has a significant impact on Minnesota’s business environment, positive or nega- tive, and hence the state’s competitiveness in attracting and keeping busi- nesses. While it is the state and local officials who make the regulations, it is the business owners who make the decision whether to stay or go, and those decisions are based on the owners’ attitudes toward and perceptions of regulations. The empirical study forming the basis for this brief examines the percep- tions Minnesota business owners hold regarding the impacts state and local government regulations have on Minnesota businesses. The study does not address the impact of federal regulations or address the comparative ques- tion of whether Minnesota’s business climate is “better” or “worse” than neighboring states’. It does, however, provide a clearer picture of Minnesota by ANTHONY J. FILIPOVITCH, PH.D & ALEXANDER CAHILL Urban & Regional Studies Institute, Minnesota State University Mankato This research was supported by a grant from the Center for Rural Policy Development. The authors wish to acknowledge the assistance of the project advisory committee and the board and staff of the Center in the preparation of this report, particularly Marnie Werner, Tom Riley, Mike Nolan, Pat Henderson, Lisa Hughes, Connie Ireland, and Kurt Thompson. While their advice was invaluable, the opinions and conclusions expressed in this report are those of the authors, and not those of the Center for Rural Policy Development or Minnesota State University, Mankato. A PDF of this report can be downloaded from the Center’s web site at www.ruralmn.org. The Center for Rural Policy and Development, based in St. Peter, Minn., is a private, not-for-profit © 2013 Center for Rural Policy policy research organization dedicated to benefiting Minnesota by providing its policy makers with and Development an unbiased evaluation of issues from a rural perspective.
  • 2. Table V: “Most important challenges facing your company.” Challenges Rank 1 Rank 2 Rank 3 Rank 4 Rank 5 Rank 6 Rank 7 Rank 8 Increased Competition 40 28 27 20 20 18 14 7 Inadequate Infrastructure 5 7 15 12 19 39 29 24 Regulation 61 27 33 16 12 13 12 2 Labor Costs 16 31 40 29 28 14 3 5 Insurance/Other Costs 38 53 32 21 16 10 7 0 Workforce Issues 15 23 16 26 27 20 19 13 Access to Capital 35 17 12 15 15 18 40 11 Other 11 6 15 10 6 5 5 72 business owners’ attitudes toward were government regulation; the issue is less with the regula- regulations, their perceptions business costs other than labor; tions themselves than with the of the degree of impact on their increased competition; and labor difficulty of compliance. It is as if businesses, and their view of the costs. the survey respondents were say- regulators who enforce them. The comparisons among busi- ing that the rules are inflexible, An online survey based nesses in the Twin Cities metro incomprehensible, ineffective, on one developed for the Irish area (Metro), regional popula- and inconsistent, but we comply equivalent of the Department of tion centers (non-Metro), and with them. Given the stress in the Commerce was distributed to a rural businesses (rural) revealed literature on the negative impact random sample of 10,000 busi- that, for major issues and im- of regulations on small business- ness corporations in Minnesota. pacts, there were few differences es, it is interesting that it was the The initial response rate was 199 based on location in the state. larger firms that were more likely respondents, or 2%. A second While regulation was given as the to report perceiving compliance wave of survey responses was greatest challenge everywhere in as burdensome. Respondents generated by inviting participa- the state, competition came in a also reported that the regulations tion from subscribers to e-news- close second in both the Metro that have the most significant letters from Small Business De- and non-Metro cities. Labor and impact on one’s own business velopment Centers and Enterprise other costs were a close second do not have a particularly heavy Minnesota, bringing in additional in rural areas. The pattern of re- compliance burden. Instead, they 118 responses. A supplemental sponses indicates that businesses perceive the most burdensome survey, targeted specifically to in the non-Metro cities are much regulations as those that have an the Metro/non-Metro/rural dif- more concerned about regula- effect on business in general. ferences, was sent by e-mail to a tions than those in the Twin Cities sample of 1,500 businesses (500 metro area or in rural areas. Busi- Discussion & Implications from each location) listed by area nesses in rural areas, particularly, This study set out to explore chambers of commerce. This were less concerned about state three questions regarding busi- survey returned 112 responses and local regulations than the ness owners’ attitudes toward (36 from Metro, 38 from Greater cost of doing business. regulation—the impact of regu- Minnesota cities, 38 from rural The top priority for regula- latory compliance on business; counties). tory change was in the area of the relative impact of regulatory The survey found that the top income and corporate taxation. compliance on a business in rela- four challenges for businesses Except for taxes, it appears that tion to its competitors; and the 2 Center for Rural Pollicy & Development
  • 3. Table VII: Impact of regulation on business. Areas of Regulation Major Impact Moderate Impact Little Impact No Impact State/Local Health and Safety Regs 25.25 31.19 25.74 17.82 State/Local Environmental Regs 23.65 29.06 26.11 21.18 State/Local Land Use Regulations 22.66 20.20 28.08 29.06 Reporting MN Income/Corporate Tax 20.10 39.22 30.39 10.29 State/Local Business Licensing 19.70 31.53 36.45 12.32 Other State Employment Law 15.27 42.86 31.53 10.35 State/Local Corporate Regulations 14.22 32.35 40.69 12.75 Reporting Industry Specific Taxes 10.15 22.84 34.01 33.00 Return of Statistical Data 4.50 21.50 41.50 32.50 Table VIII: Regulations that have most significant impact on your business. Most Significant Percent Number Reporting MN Income/Corporate Tax 33.33% 65 State/Local Business Licensing 13.85% 27 State/Local Land Use Regulations 12.82% 25 State/Local Health and Safety Regs 11.80% 23 State/Local Environmental Regs 11.28% 22 Other State Employment Law 12.82% 15 State/Local Corporate Regs 5.13% 10 Reporting Industry Specific Taxes 3.08% 6 Return of Statistical Data 1.03% 2 differential impact of regulatory 3. Increased competition. corporate income taxes; when compliance on various categories 4. Labor costs. they were asked about the impact of businesses, including rural on business in general, they were businesses. The findings also indicated most concerned about safety, en- that it was difficult for respon- vironmental, and land use regula- Impact of Regulatory Compliance dents to separate the impacts tions. In fact, the top five rank- on Business of state and local agencies and ings show an inverse correlation Overall, respondents ranked regulations from those of federal between whether the question is regulations as the greatest chal- agencies and regulations. posed about business in general lenge (Table V). (Table numbering Examining the issue more or one’s own business. The issues has been preserved from the full closely, questions about the most important to a business report.) The survey found that the impact of regulations on busi- owner’s own business were least top four challenges for businesses ness in general vs. the impact on important to business in general, were: their own businesses exposes a and vice versa. This suggests that discrepancy (Tables VII, VIII and at least part of the concern being 1. Government regulations. IX). When considering the impact expressed is a matter of percep- 2. Business costs other than on their own businesses, respon- tion rather than direct experience. labor. dents were most concerned about Perceptions and Regulations: Impact of State and Local Regulations 3
  • 4. Table IX: Reasons for stating regulations have significant impact on your business. Statement Strongly Agree Agree Neither Disagree Strongly Disagree The regulations are flexible <.01% 10% 25% 39% 26% The regulations are easy to understand 2% 17% 19% 39% 23% The regulations achieve their objectives <.01% 14% 31% 37% 18% The regulations are consistent <.01% 13% 33% 39% 15% The regulations are appropriately enforced 3% 20% 34% 27% 16% Despite the number, it is still possible to 2% 37% 36% 15% 10% comply The top priority for regulatory compliance was perceived as the the increasing complexity of exist- change was in the area of income most burdensome; in non-Metro ing regulations. and corporate taxation. Unlike cities, it was compliance with Some pointed to duplication the other issues, the problem environmental regulations; in the of authority, such as the Depart- here seems to be with regulations Metro area, it was employment ment of Agriculture and EPA, themselves rather than how they regulations (Table XLIII). state and federal employment are enforced. The open-ended There is some tension among regulations, the MPCA and the responses referred to the sheer the types of firms between consis- DNR, the Minnesota Depart- number of taxes, to the role of tency of enforcement and flex- ment of Revenue and Minnesota some businesses in collecting tax- ibility in enforcement. For some, Unemployment, and multiple es from customers for the state, the issue is that the regulators inspectors at the same worksite, and to the amount that was taken are too inflexible; for others, it each with his or her own man- in taxes (especially compared to is that they are inconsistent (one dates that could stop construc- neighboring states). person’s “inconsistency” could be tion. Except for taxes, it appears another’s “flexibility”). Some of Although respondents re- that the issue is less with the the open-ended responses stated ported that compliance is more at regulations themselves than with that there were too many regula- issue than the nature of the regu- the difficulty of compliance. tions from too many sources to lation, compliance is reported as This finding coincides with the keep them all straight. Others a burden less frequently than the findings of the state Legislative took the position that the regula- overall “impact” of regulations. Coordinating Commission study tors were not there to help the Also, given the stress in the lit- (Dhakal, 2011). It appears that businesses, but to punish them, erature on the negative impact of survey respondents consider the and that they came with demands regulations on small businesses, rules inflexible, incomprehensi- but no answers or authority to it is interesting that it was the ble, ineffective, and inconsistent, make final decisions about how larger firms that were more likely but they comply with them any- one was to comply with those to report perceiving compliance way. While taxes were perceived demands. as burdensome. Respondents as having the greatest impact, the One finding of particular reported that the regulations that burden of complying with tax interest, though, was when have the most significant impact regulations was not considered to respondents reported that their on one’s own business do not be as heavy as other regulations. cost of compliance is increasing have a particularly heavy com- In rural areas, health and safety because of new regulations and pliance burden. Instead, they 4 Center for Rural Pollicy & Development
  • 5. Table XLIII: Level of burden by location (% reporting burden to be heavy). Other Em- Environ- Income/ Land Use Business Health & ployment mental Corporate Statistical Corp Tax Regs Licensing Safety Law Regs Regs Data Reporting Metro 0% 3% 17% 17% 20% 9% 9% 3% 6% Non-Metro 8% 16% 14% 11% 11% 27% 8% 15% 11% Rural 6% 11% 6% 20% 14% 17% 6% 14% 11% perceive the most burdensome perceived regulations as neutral), compact enough for more intense regulations as those that have an on the open-ended questions enforcement than in rural areas, effect on business in general. many asked for tighter oversight while enforcement in the Metro of banks and real-estate lend- area is focused more on a num- Relative impact of regulatory ers, limitations on bank fees and ber of complex cases. Or perhaps compliance on a business in rela- Internet commerce, limitation businesses in non-Metro cities tion to its competitors on utility rate increases, limita- expect a more “personal” style The dominant response tions on lobbying, and increased of enforcement like rural areas, concerning regulations and their support for renewable energy. rather than a more bureaucratic effect on competition was that Although these comments were style common in very large met- regulations had no significant offered by only a few respondents ropolitan areas. It also suggests effect on the business environ- and are not necessarily represen- that future research look into the ment in general. When asked tative of the group, they do sug- conditions that generate different about the competitive impact gest areas in which regulations business expectations in different on their business specifically, on might be perceived as having a areas in regard to regulation and balance respondents reported particularly noticeable effect on what regulatory agencies might that regulations had little effect relative competitiveness. learn from those expectations. on the intensity of competition, The Metro/non-Metro/rural although regulations did limit the Differential impact of regulatory comparisons revealed that, for entry of new competitors into the compliance on various categories major issues and impacts, there market. In terms of competition of business were few differences based on with firms outside Minnesota, The pattern of responses location. State and local regu- perceptions were about evenly indicates that businesses in the lations were perceived as the split on whether Minnesota has non-Metro cities are much more greatest challenge regardless of more regulations or about the concerned about regulations location in the state, although same amount. than those in the Metro area or in businesses in non-Metro cities And yet, while the respon- rural areas. This finding suggests responded more strongly (Table dents clearly expressed a de- that further research is needed to XXXVIII). Within the category of sire for fewer and less intrusive explore whether the difference is regulations, however, regional regulations, and while few of due to differences in enforcement differences begin to emerge. them reported perceived benefits or differences in expectations. Businesses in all three areas from regulation (at best, they Perhaps non-Metro cities are were most concerned with Perceptions and Regulations: Impact of State and Local Regulations 5
  • 6. Table XXXVIII: Top-Ranked Challenge by Location (%) Competition Infrastructure Regulation Labor Cost Other Cost Workforce Capital Other Metro 19% 3% 22% 11% 19% 8% 17% 0% Non-Metro 32% 3% 34% 8% 5% 11% 5% 3% Rural 13% 0% 26% 18% 21% 8% 3% 11% Table XL: Major Impact of Regulations on Business by Location (%) Income/ Land Use Business Health & Other Environ- Corporate Statistical Reporting Corp Tax Regs Licensing Safety Employment mental Regs Data Law Regs Metro 32% 10% 16% 3% 23% 6% 10% 0% 0% Non-Metro 33% 14% 14% 6% 0% 17% 14% 0% 3% Rural 26% 9% 12% 15% 15% 9% 3% 6% 6% income/corporate taxes (Table ing field, but not so much as to them with other agencies. This is XL). Burden of compliance also stifle innovation and entrepre- great for businesses, where time varied (Table XLIII). Businesses in neurship. Finding this balance is money. the non-Metro cities were most will require effort at the local as • Go beyond “customer ser- concerned about complying with well as the state level—local gov- vice” training for regulators. environmental regulations, while ernment regulations like land use Business owners reported that businesses in rural areas reported controls and business licensing their biggest issue with regula- the greatest burden from health were mentioned as much as state tors was that the process was too and safety regulations. Businesses regulations like pollution control inflexible. However, nearly half in the Metro area reported their and sales tax reporting. of business owners also reported greatest burden from employment that regulators did not sufficiently law. Potential next steps understand the practices in the • Coordinate and streamline respondents’ businesses, that the Recommendations the tangle of regulations already regulators’ decisions were not The findings from this survey in place. predictable, that the process for appear to confirm the findings First of all, we would recommend appeals was not clear, and it was from the report to the Minnesota that policy makers, whether at the not clear who was responsible for Legislative Coordinating Com- state or local level, consider the making decisions. mission cited at the beginning of impact any new regulation will While some agencies may be this report (Dhakal, 2011): The have in combination with already practicing customer service train- primary issue expressed by busi- existing regulations. One of the ing for their regulators, the issues ness owners is in complying with most telling findings in this study stated above go beyond learning regulations, rather than the num- was that business owners say the standard customer service prac- ber or character of the regulations cost of compliance is increasing tices and need to be addressed themselves. because of the increasing number through agency policy. Agencies The trick, therefore, is to find and complexity of regulations. could consider examining these a balance between having and Some state agencies are already issues of inconsistency that are enforcing enough regulation to working to streamline their regu- causing frustration for business keep everyone on an even play- latory processes and coordinate owners and take steps to address 6 Center for Rural Pollicy & Development
  • 7. them if necessary, ensuring that any new policies that result are communicated down to those who work directly with the pub- lic. • Education for “customers” on the various regulations—in- cluding processes—and the benefits they provide. Education also falls to the business owner. Plain-English explanations of the regulations, available through printed materials, web sites, and regulators, could lower the frus- tration level for the people who are expected to comply. Comparing Minnesota’s regulations with those of other states may be less important than doing a better job with what we have. As Dhakal (2011) pointed out, businesses do not necessar- ily choose the states with fewer regulations. They choose the states with the best opportunities and figure out how to deal with the regulations. This full report can be found online at www.ruralmn.org. Perceptions and Regulations: Impact of State and Local Regulations 7
  • 8. Find us online: www.facebook.com/ruralmn Twitter @ruralpolicymn Center for Rural Pollicy & Development