Kerry A. Benninghoff

This bill, part of the Small Business Tax Fairness Package, helps provide tax relief to passthroughs (LLCs and S-corps) by aligning the state section 179 deduction with the federal tax code. As a result, small businesses (just like corporations) can take advantage of the full $1.08 million expense deduction as opposed to the state's $25,000 cap on passthroughs. Support is the Limited Government Position as this pro-growth measure will incentivize all business sectors to increase investment and will allow a greater amount of resources to remain in the private sector where they can be re-invested and grow the economy.

Reducing Tax Burdens on Small Businesses by Aligning the State Section 179 Deduction with the Federal Tax Code.

This bill establishes a new condition for Medicaid eligibility (state-provided healthcare), which ensures a child is only enrolled into the program if their non-custodial parent does not have healthcare, otherwise they would be required to be enrolled on their non-custodial parent's plan as opposed to Medicaid. Support is the Limited Government Position as this bill decreases government dependency and ensures that the state's Medicaid system serves only as the payer of last resort for healthcare. As a result, taxpayer funds are protected from abuse, and a greater amount of accountability is placed on parents.

Protecting Taxpayer Funds from Abuse by Requiring a Child to be Enrolled on the Health Plan of their Non-Custodial Parent as Opposed to Medicaid.

The Boyle amendment #4028 to the small business tax reform package increases tax burdens on businesses by preventing the Section 179 deduction from being indexed to inflation, as is the case at the federal level. Oppose is the Limited Government Position as this tax deduction utilized by countless small businesses will continue to shrink over the years due to inflation. As a result, more cash will be transferred to the government and companies will have less resources to invest and grow the economy.

Increasing Taxation by Preventing the Section 179 Business Deduction from Being Indexed to Inflation.

This bill expands the definition of "farm vehicle" to include passenger vehicles if, like trucks and truck tractors, they are solely used for local agricultural deliveries. As a result, farmers will have lower insurance costs and not have to obtain yearly safety inspections for the vehicles. Additionally, the bill reforms regulations at fueling stations to allow greater flexibility in where emergency shut-off devices must be located. Support is the Limited Government Position as this measure not only provides regulatory and financial relief to farmers, but it also benefits motorists by reducing the number of slow and heavy vehicles traversing roadways. Additionally, providing greater regulatory flexibility at fuel stations helps improve design layouts and unnecessary costs.

Reforming Regulations to Reduce Unnecessary Burdens Placed on Farmers and Fueling Stations.

This resolution brings 6 articles of impeachment against Philadelphia District Attorney Larry Krasner, finding him "derelict in his obligations to the victims of crime, the people of the City of Philadelphia and of this Commonwealth and has failed to uphold his oath of office." Supporters of impeachment cite Krasner's prosecution record, which includes a 90% reduction in retail theft prosecutions and Krasner's office only achieving a 14% conviction rate on the cases that were prosecuted. Support is the Limited Government Position as protecting property rights and ensuring public safety serve as essential components of government. Krasner, who received nearly $1.7 million in campaign support from George Soros during the 2017 election, has demonstrated through countless statistical measurements that he has failed in his duty to protect Philadelphia and surrounding communities.

Strengthening Public Safety and Property Rights through the Impeachment of Philadelphia District Attorney Larry Krasner for Failing to Prosecute Crime.

This bill authorizes the Department of Conservation and Natural Resources (DNCR) to lease subsurface rights under state lands. As a result, companies would be able to pay the state to extract the oil and gas beneath state lands as long as their drilling originated from a wellsite that was not on state property. The revenue that is generated from the leases would be utilized to fund stream maintenance, clearing projects, and flood mitigation. Support is the Limited Government Position as not only does this measure boost domestic energy production which, grows the nation's economy, but also protects the environment and benefits Pennsylvania taxpayers through increased state revenue.

Boosting State Revenue and Energy Production by Authorizing Oil and Gas Extraction Under State Lands.

This omnibus tax reform package gradually reduces the state's corporate tax rate from 9.99% to 4.99%, starting with 8.99% in 2023 and a 0.5% annual reduction until 2031. The bill also codifies PA tax bulletin 2019-04 into law, which requires online sales tax collections on entities with sales above $500,000 annually. Furthermore, the bill conforms the state to the federal tax code concerning deductions and deferrals in Section 179 and 1031. Support is the Limited Government Position as Pennsylvania has one of the highest corporate tax rates in the nation, placing the state at a competitive disadvantage in attracting businesses and growing the state economy. Additionally, provisions such as codification of the online sales tax collection helps ensure that all businesses are treated equally under the tax code and that certain companies do not receive competitive advantages over others.

Spurring Economic Growth by Gradually Reducing the Corporate Tax Rate from 9.99% to 4.99% by 2031.

The "Affordable Housing Unit Tax Exemption Act" authorizes local governments to provide property tax exemptions for both single-family and multi-family housing units that are occupied by individuals whose income does not exceed 60% of the median income within its area. Oppose is the Limited Government Position as not only does this measure further enrich developers of "affordable housing" who receive hefty payouts under the state and federal low-income housing tax credit (LIHTC) program, but this bill further drives up property tax burdens for all other homeowners who must now subsidize the amenities and lost revenue from these properties. Instead, lawmakers should allow the free-market to reduce housing costs by eliminating zoning and regulatory barriers that prohibit housing development.

Increasing Property Tax Burdens by Authorizing Local Exemptions for "Affordable Housing".

This bill represents a five-part Constitutional amendment package. Firstly, the package prohibits taxpayer funding of abortion and declares the state does not guarantee a "right to an abortion". Secondly, the package implements voter-id requirements and an audit system for elections. Thirdly, the bill allows gubernatorial candidates to select their Lt. Governor as a running mate rather than selecting him or her through a separate election. Finally, it allows lawmakers to disapprove regulations without facing a gubernatorial veto. Support is the Limited Government Position as it is not the role of government to guarantee abortion and force payment from taxpayers (many of whom may have strong religious objections). Furthermore, voter-id requirements and election auditing to prevent voter fraud are critical aspects of ensuring free and fair elections, an essential component of democracy under our nation's constitutional republic.

Amending the Constitution to Strengthen Election Integrity through Voter ID and Audits, Prohibit Taxpayer-Funded Abortion and Disapprove Regulations without a Gubernatorial Override.

This bill creates a special weight limit exemption for commercial vehicles that are powered by electric batteries. Specifically, the bill allows these vehicles to exceed the maximum allowable gross weight by 2,000 pounds more than diesel or gas-powered trucks (80,000 pounds). Federal and state governments implement weight limits as the vast majority of roadway wear and tear is caused by heavy vehicles. Oppose is the Limited Government Position as, while there are multiple pros and cons to selecting an electric vehicle over a petrol-powered vehicle, this measure's favoring of electric trucks ultimately subjects taxpayers to higher infrastructure costs.

Increasing Taxpayer Infrastructure Costs by Creating a Special Weight Exemption for Electric-Powered Trucks.

This bill eliminates a tax barrier, one that only a handful of states imposed, which will encourage family-owned businesses to sell their companies to their employees as opposed to outside entities. Specifically, the bill relates to Employee Stock Ownership Plans (ESOPs) and allows sellers of C corporations to defer 100% of capital gains tax when selling to their employees in an ESOP, if the funds are reinvested in certain securities. As a result, the state tax code will mirror federal Section 1042 rules. Support is the Limited Government Position as this pro-growth measure will benefit all family-owned businesses and help spur entrepreneurship, while providing greater stability and certainty to company employees.

Reducing Barriers for the Sale of Businesses to Employees by Aligning PA Tax Code with the Rest of the Nation.

The Longietti amendment #4207, to a bill concerning proxy voting for the Pennsylvania State System of Higher Education (PASSHE) Board of Governors, provides unions two seats on the board. Under the amendment, one seat is assigned to the American Federation of State, County, and Municipal Employees, and the other seat assigned to the Association of Pennsylvania State College and University Faculties. Oppose is the Limited Government Position as this amendment creates a direct conflict of interest considering the Board of Governors is assigned with approving union contracts. As a result, unions will have greater negotiating power, which will ultimately result in higher costs for taxpayers.

Hiking Taxpayer Costs by Providing Unions Two Seats on the State's Board of Higher Education.

The "Keystone Opportunity Dairy Zone Act" authorizes government employees within the Department of Community and Economic Development to create "dairy zones" and provide tax exemptions, deductions, and credits to individuals and businesses within the zones for up to 10 years. This measure is expected to cost the commonwealth $15 million annually in lost revenue. Oppose is the Limited Government Position as not only do policies such as this measure provide competitive advantages to select companies and industries, but shift tax burdens to other individuals and businesses not favored by government. Instead of expanding government central planning, lawmakers should work to quicken the tax cuts in HB 1342 and remove regulatory barriers so the free market can spur investment in the most needed initiatives.

Expanding Cronyism by Providing Tax Exemptions to Government-Favored Dairy Processing Facilities.

This bill directs federal infrastructure funds to the Department of Environmental Quality to plug abandoned oil and gas wells. Additionally, the bill reforms bonding requirements (ranging from $2,500 to $100,000) to provide environmental protection while also ensuring companies are not hit with excessive bonding costs. The bill also authorizes  the state legislature, not the Environmental Quality Board, to be the authority to adjust bonding requirements over the next decade. Support is the Limited Government Position as this bill helps better balance environmental protection with the need to maintain a business-friendly environment for oil and gas extraction. Furthermore, the bill strengthens government accountability by ensuring the legislature, which is accountable to voters, sets bonding levels as opposed to the Environmental Quality Board which is not held to this same level of oversight.

Strengthening Government Accountability by Providing Legislative Oversight of Bonding Requirements for Orphaned Gas and Oil Well Plugging.

This bill appropriates nearly $600 million to four "state-related" universities: Penn State University, Temple University, Lincoln University and University of Pittsburgh. Officials estimate these funds help lower tuition rates by $15,000 per year and are in addition to other subsidies these institutions receive from the federal government and private foundations. The $155 million given to the University of Pittsburg received controversy due to its research program which utilizes fetal tissue from abortions. Oppose is the Limited Government Position as it is a necessary role for government to provide quality K-12 education - ideally through school choice. College and university-level education should be funded through user fees (i.e tuition) by those who wish to pursue their selected career path. These enormous costs should not be imposed on individuals who elect to pursue activities other than higher education, such as those who start their own businesses or work in the trades. Furthermore, Pennsylvania's state debt and liabilities currently exceed $120 billion, representing a $15,600 debt burden for each state taxpayer. The state must pursue every available avenue to reign in its out-of-control spending, as, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country.

Fueling Out-Of-Control Spending by Providing 4 Non-State-Owned Universities with Nearly $600 Million in Taxpayer Funds.

This bill, part of a larger stream maintenance package, authorizes counties, in consultation with their county conservation district, to issue emergency permits for stream maintenance. The bill is based on a successful pilot project in Bradford County and allows counties to perform actions without being hindered by state bureaucracy. Support is the Limited Government Position as this bill improves response by counties to emergency situations by reducing unnecessary red tape and regulatory overreach of the Department of Environmental Protection.

Reducing Unnecessary Red Tape by Providing Localities the Ability to Bypass State Approval to Maintain Streams in Certain Emergency Situations.

This bill implements a $45.3 billion general fund budget for fiscal year 2022-2023, which, when including federal American Rescue Plan funds, represents a spending increase of roughly 11%. The bill contains significant spending increases on social programs such as the Low-Income Home Energy Assistance Program (LIHEAP), Low-Income Property Tax and Rent Rebate (PTTR) Program, a new Whole Home Repair Program, and over $250 million for additional affordable housing. Oppose is the Limited Government Position as Pennsylvania's state debt and liabilities currently exceed $120 billion, representing a $15,600 debt burden for each state taxpayer. The state must pursue every available avenue to reign in its out-of-control spending, as, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country.

Fueling Out-Of-Control Spending through a Budget with a 11% Spending Hike and Countless New and Increased Social Programs.

This bill amends the state's cosmetology regulations by reducing the minimum amount of floor space that is required for each licensee working within a salon space from 180 to 120 square feet. Additionally, the bill creates a new temporary license to allow individuals to start working in a salon, as it can take between 3 to 6 months for a salon inspection to occur. Support is the Limited Government Position as this measure serves as a step in the right direction to improve the states' heavily overregulated cosmetology industry. However, far greater reforms must be made to cut, and preferably eliminate, occupational licensing mandates placed on cosmetologists and salon establishments to help expand employment opportunities and reduce consumer costs.

Reducing Overreaching Regulations Placed on Salon Establishments

The Kenyatta amendment #5555 to a bill pertaining to voter roll maintenance serves as a "gut and go" measure, which eliminates the bill's language and replaces it with much weaker provisions. Oppose is the Limited Government Position as updating voter rolls and maintaining safeguards to prevent voter fraud are critical aspects of ensuring free and fair elections, an essential component of democracy under our nation's constitutional republic.

Weakening Election Integrity by Blocking Reforms that Ensure Voter Rolls Remain Updated and that Deceased Individuals are Removed.

This resolution titled "Ending Pro-Putin Pipeline Bans" urges New York Governor Kathy Hochul and New Jersey Governor Philip Murphy to end their states' policies banning the construction of any new natural gas pipelines. The resolution states these policies have "walled off Pennsylvania natural gas from accessing markets in New England. As a result, New England states often must rely on Liquified Natural Gas (LNG) imports from foreign nations, including Russia." Support is the Limited Government Position as all states should work together to grow the U.S. economy by unleashing American energy dominance, especially through the elimination of all unnecessary regulations that hinder development and energy extraction.

Promoting American Energy Dominance by Urging the Governors of New York and New Jersey to Authorize Natural Gas Pipeline Construction

This resolution blocks the implementation of new charter school regulations imposed by the Wolf Administration. Specifically, the measure disapproves Department of Education Regulations (#6-349), which sets a series of regulations and requirements charter schools and cyber charter schools must abide by. Such regulations and requirements including providing comparable health benefits to employees that public schools provide, meeting new disclosure requirements when applying for establishment, posting non-discrimination and student selection policies on their websites, among other new rules. Support is the Limited Government Position as while all charter schools, which receive taxpayer funds, should be subject to oversight to ensure accountability, these onerous regulations are primarily designed to serve as barriers to charter school establishment and protect public schools from competition, reducing the quality of the state's education system.

Blocking Implementation of Excessive Charter School Regulations Imposed by the Wolf Administration.

This bill amends Pennsylvania's version of the Delaware River Basin Compact to make it clear that it is not within the Delaware River Basin Commission's (DRBC) authority to ban fracking. Support is the Limited Government Position as while there is a role for government to protect the river and surrounding landowners from direct and significant environmental threats, an outright ban on fracking represents an example of significant government overreach. A ban on fracking not only infringes on property rights but subjects Americans to unnecessarily high energy prices.

Expanding Energy Production by Ending the Delaware River Basin Commission's Authority to Ban Fracking.

This bill prohibits the Department of Environmental Protection (DEP) from regulating carbon dioxide emissions without the approval of the legislature. As a result, the bill blocks an executive order by the Wolf Administration which enters Pennsylvania into the Regional Greenhouse Gas Initiative (RGGI), which serves as a carbon tax. The bill instead serves as a compromise, providing $250 million for carbon capture, abandoned well plugging and transition for coal communities. Support is the Limited Government Position as while a large portion of the bill's spending may be unnecessary, this "compromise" is certainly better than the state entering into the RGGI that is expected to increase state energy costs by billions of dollars while harming the competitiveness of the state's manufacturing sector.

Preventing Energy Costs from Skyrocketing by Ensuring the State does not Enter into the Regional Greenhouse Gas Initiative (RGGI).

This bill amends the state's Crime Victims Act to ensure victims of violent crimes are provided notice of the defendant's bail proceedings and are provided the opportunity to appear and offer comment. Support is the Limited Government Position as ensuring public safety and protecting property rights serve as essential components of government. While it is critical all defendants be provided their Fifth Amendment right of "innocent until proven guilty", victims of crime deserve the right to communicate harms they allege throughout the arrest and arraignment process.

Increasing Public Safety by Ensuring Victims of Violent Crime have the Right to Appear at the Bail Hearing of the Defendant.

This bill places a 45-day window on permit application decisions by the state's Department of Environmental Protection (DEP) in order to provide a predictable framework and improve the business climate of the state. Support is the Limited Government Position as this bill improves the state's business climate by providing greater regulatory certainty and reducing delays that unnecessarily drive-up business costs.

Improving the State's Business Climate by Establishing a 45 Day Window on DEP Permit Applications.

This bill extends the Office of the Attorney General's concurrent jurisdiction to prosecute gun crimes in Philadelphia while also creating a new task force to investigate and prosecute the unlawful possession, use and transfer of firearms within the city. The bill is in response to policies enacted by Philadelphia District Attorney Larry Krasner that have resulted in minimal prosecution of individuals who have committed gun violence. Support is the Limited Government Position as ensuring public safety and protecting property rights serve as essential components of government. Krasner, who received nearly $1.7 million in campaign support from George Soros during the 2017 election, has demonstrated through countless statistical measurements that he has failed in his duty to protect Philadelphia and surrounding communities.

Increasing Public Safety by Establishing a Task Force and Providing the State AG the Ability to Prosecute Criminals that Commit Gun Violence in Philadelphia.

This bill establishes a regulatory framework that allows autonomous vehicles to be tested and deployed in the state. Additionally, the bill increases penalties for the theft of catalytic converters, which are emission-control devices that contain valuable metal components. Support is the Limited Government Position as reducing government barriers to autonomous vehicle deployment will help reduce development costs, ultimately helping more quickly bring this innovative and pro-economic growth technology to the marketplace. Additionally, the bill helps strengthen property rights and dissuade crime by ensuring criminal penalties on catalytic converter theft better reflect the significant financial harm suffered by victims.

Reducing Regulatory Barriers to Autonomous Vehicle Innovation and Increasing Penalties for Catalytic Converter Theft.

The Mullery amendment #5793 to a bill pertaining to the state's unemployment compensation law results in higher unemployment benefit payouts through the elimination of an automatic trigger that will occur in 2026. Unemployment benefits are funded through a payroll tax imposed on all businesses. Oppose is the Limited Government Position as increasing unemployment benefit payouts will inevitably lead to higher business payroll taxes, which, when coupled with other factors, may have an impact on company hiring and employee compensation decisions. Unemployment insurance should not be mandated and carried out by government to oversee, but rather an option for individuals and companies to purchase through the private marketplace.

Imposing Greater Tax Burdens on Businesses by Increasing Unemployment Benefit Payouts.

This motion by Rep. Bernstine advances the "Taxpayer Protection Act", which amends the State Constitution to limit the amount the Commonwealth's spending may increase. The crease will be based on a three-year average of the Commonwealth's inflation and population growth. The cap may only be exceeded by a 2/3 vote of both chambers of the General Assembly. Support is the Limited Government Position as Pennsylvania's state debt and liabilities currently exceed $120 billion, representing a $15,600 debt burden for each state taxpayer. The state must pursue every available avenue to reign in its out-of-control spending, as, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country.

Protecting Taxpayers through a Constitutional Amendment Limiting State Spending to Only Growth in Population and Inflation.

This bill establishes a list of new governing requirements for condominiums, cooperatives, and planned communities (commonly referred to as HOAs). The bill establishes certain vote thresholds for changes to HOA bylaws, how election processes are carried out, and the inclusion of "independent reviewers". Oppose is the Limited Government Position as it is not the role of government to dictate the private contractual agreements and operations of HOAs. HOAs serve as free-market alternatives to government zoning and land use standards, as individuals can choose the restrictiveness of the community they wish to join or select to live on property outside the governance of an HOA.

Infringing Private Contracting Rights through Government Overreach into the Governance Practices of Private Homeowners Associations.

This resolution directs the Joint State Government Commission (JSGC) to conduct a study of all changes within the past 5 years to statutes and regulations under the titles 23 and 67 of the Human Services Code (Domestic Relations and Public Welfare). The JSGC is required to report whether any measures have "exacerbated trauma in children and families" and make recommendations on the drafting of statutes and regulations to "mitigate trauma". Oppose is the Limited Government Position as not only does requiring the JSGC to conduct this study drive-up taxpayer costs and restrict the team from performing other research initiatives, but there are already non-profits within the private sector that provide such analyses. Furthermore, this measure is primarily designed to expand government dependency as recommendations to "mitigate trauma" nearly always involve growing the size and scope of government and increasing government dependency.

Directing the JSGC to Conduct an Unnecessary Study that is Primarily Designed to Justify Growing Government Dependency.

This bill amends Pennsylvania's laws governing insurance to comply with two covered agreements between the United States and the European Union and United Kingdom concerning domestic companies operating in the EU and UK. If Pennsylvania does not adopt this amendment, domestic companies with operations in the EU and UK will be required to comply with stricter regulations and accounting standards. Support is the Limited Government Position as the state (along with the federal government) should work to protect all domestic companies from regulatory overreach by foreign governments which harms business competitiveness and profitability.

Protecting Domestic Insurance Companies with Operations in Europe from Costly and Excessive International Regulations.

This bill expands the Pennsylvania Commercial Property Assessed Clean Energy Program (C-PACE) to include indoor air quality projects and resiliency improvement projects, such as flood mitigation and energy storage. Under the C-PACE program localities may issue bonds (debt) to finance these new initiatives and clean energy projects of commercial property owners, which are then repaid through an additional assessment on their property. Oppose is the Limited Government Position as not only is it not the proper role of government to compete in the lending industry, but taxpayer funds are unnecessarily placed at risk in the event of a default. Furthermore, the C-PACE program creates additional complications in the mortgage industry concerning lien priority and debt recovery.

Placing Taxpayer Funds at Risk by Further Expanding the Commercial Property-Assessed Clean Energy Program (C-PACE).

The Longietti amendment #4330, to a bill concerning the Educational Improvement Tax Credit and Opportunity Scholarship Tax Credit programs, authorizes employees within the Department of Community and Economic Development (DCED) to make document requests to scholarship granting organizations that distribute tax credits that fund school choice vouchers. The amendment does not contain any limitations on the type of requests that may be made. Oppose is the Limited Government Position as, while scholarship granting organizations should be subject to strong oversight since they are awarding taxpayer funds, this open-ended measure is primarily designed to serve as a tool by anti-school choice advocates to harass these entities and subject them to costly and time-consuming reporting.

Attacking School Choice by Subjecting Scholarship Granting Organizations to Abuse through Open Record Requests

The "Poll Watcher Empowerment Act" permits all eligible registered voters of Pennsylvania to enlist as a poll watcher in any precinct and levies penalties against election officials who prohibit poll watchers from performing their official duties. Previously, poll watchers had to be a resident of the precinct they were appointed to. Support is the Limited Government Position as poll watchers play a critical role in maintaining election integrity and transparency, an essential component of democracy under our nation's constitutional republic. Due to the fact a vote cast in any of the state's precincts has an impact on the outcome of a state-wide election, every precinct must be properly staffed with competent poll watchers, regardless of where the poll watchers reside.

ILA

Kerry A. Benninghoff