Gerald Mullery

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 Pennsylvania Economic Development for a Growing Economy (PA EDGE) program provides $1.97 billion in tax credits over the next 25 years to hydrogen producers, milk processors, bio-medical researchers and semi-conductor manufacturers. The bill is designed to incentivize businesses within these industries to move to the state. Oppose is the Limited Government Position as as it shifts tax burdens to other individuals and businesses not favored by government, providing select companies with competitive advantages over others. Instead of attempting to centrally plan the economy, lawmakers should utilize the $2 billion to cut taxes across all industries, which will allow the free market to provide far greater job and business growth.

Expanding Cronyism and Government Central Planning through $2 Billion in Special Interest Subsidies.

This bill prohibits elected officials within the General Assembly from being assigned state-owned vehicles or using state funds to lease a vehicle except for emergency situations. Currently roughly 20 Representatives utilize state-leased cars under a program which authorizes leases of up to $650 a month. And while lawmakers must reimburse the state for the percentage of the vehicle lease that is not utilized for official business, the program has a history of abuse, including a lawmaker who crashed their car multiple times and even fled the scene of an accident. Support is the Limited Government Position as 90% of lawmakers utilize their own vehicles and receive mileage reimbursements and this program is an unnecessary cost for taxpayers to maintain.

Strengthening Government Integrity by Prohibiting Assignment of State-Owned Vehicles to Members of the Legislature.

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 establishes the "Lifeline Scholarship Program" which serves as a school voucher program for students who reside within a school district ranked in the bottom 15% in performance within the state. Under the program, parents would receive a scholarship of $6,697 to use towards the tuition of a private school. This amount would be deducted from the $19,200 per-student funding that the public school receives, allowing the school to still retain the other roughly two-thirds in funding. Support is the Limited Government Position as this bill improves educational outcomes for all students by fostering competition and a market in education, which encourages schools to provide the best education so they can attract parents to enroll their child and receive the associated funding. Additionally, unlike some school choice initiatives which drive-up taxpayer costs, this measure protects taxpayers and ensures public schools retain a portion of their funding to cover overhead costs.

Improving Educational Outcomes by Expanding School Choice via the Lifeline Scholarship Program.

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).

This bill broadens the state's "Open Campus Initiative" (OCI) to include charter schools, regional charter schools, and cyber charter schools. Under the OCI, school districts can enter into collaborative partnerships which allow students from one district to take a class at a school in another district and receive credit for the course. As a result, schools have the ability to offer more specialized classes and students can take courses which best align with their career paths. Support is the Limited Government Position as this bill improves educational outcomes and fosters school choice by providing charter school students with the same benefits as public school students. Additionally, by including charter schools in the initiative, students at public schools also benefit through an expanded competitive market, which provides them a greater number of course options.

Improving Educational Outcomes by Expanding the "Open Campus Initiative" to Include Charter Schools.

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 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.

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.

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

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.

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

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 prohibits local governments across the state from imposing any ordinances which restrict the ability of consumers to access the energy source of their choice, including natural gas, solar, wind, and geothermal. As a result, the bill would preempt bans on natural gas hook-up and all-electric building codes. Support is the Limited Government Position as this bill strengthens both property rights and individual liberties. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Protecting Consumer Choice by Prohibiting Local Governments from Imposing All-Electric Building Codes and Anti-Natural Gas Ordinances.

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".

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.

Increasing Election Integrity and Transparency through the Poll Watcher Empowerment Act

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.

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 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.

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 Keefer amendment #4343 to the Coronavirus Infection Medication Act provides greater legal clarity to ensure doctors can prescribe off-label drugs, such as hydroxychloroquine sulfate and ivermectin, to treat a COVID-19 infection without facing any disciplinary actions from the state's professional and occupational licensing boards. Support is the Limited Government Position as there have been countless reported cases of hydroxychloroquine and ivermectin being effective in treating COVID-19, even though they haven't been approved by the FDA. Additionally, considering the low level of associated risks and side effects of these drugs, patients and their doctors should have the freedom to make their own medical decisions.

Strengthening Medical Freedom by Preventing Licensing Boards from Taking Actions Against Doctors for Prescribing Off-Label Drugs to Treat COVID-19.

This resolution calls on Congress to eliminate or reform emission testing regulations. The resolution is in response to federal clean air goals which has resulted in 25 counties across the state maintaining vehicle emission testing programs since 1995. Support is the Limited Government Position as significant advances in vehicular emissions technology and an increase in hybrid and electric vehicles makes emission testing for automobiles unnecessary. Testing mandates burden motorists with an added financial cost. Such regulations are especially problematic for car collectors that own multiple vehicles, due to the amount of time they waste testing, the miles that are added to their vehicles, and the increased risk for vehicle damage.

Reducing Unnecessary Regulations by Calling Congress to Reform Vehicle Emission Testing Mandates.

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 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.

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.

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.

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 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 establishes a taskforce to study the challenges, economic feasibility, financial impact, and the security requirements involved in turning the Port of Philadelphia into a LNG export terminal. Support is the Limited Government Position as exporting LNG from Philadelphia boosts American energy production and economic growth. It also opens the door for improving international relations and security by making the European market less reliant on Russian energy.

Boosting American Energy Production and International Trade by Establishing a Task Force to Study the Export of Liquified Natural Gas (LNG) from the Port of Philadelphia.

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 prohibits outside groups from funding the administration of election operations. The bill is in response to the hundreds of millions outside groups spent in 2020 for election administration, including $10 million for the administration of election operations in Philadelphia. Support is the Limited Government Position as privately funding election operations introduces serious concerns over their integrity and fairness of election outcomes, an essential component of democracy under our nation's constitutional republic.

Increasing Election Integrity by Prohibiting Private Funds for Election Administration

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.

ILA

Gerald Mullery