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From my piece today at The Examiner, “A power-grab against charity and religion”:

“The model Protection of Charitable Assets Act — which is being promoted by the National Association of State Charity Officials — represents a state power grab of poorly defined discretion over the property rights of private charities, churches, and even the estates of the deceased. It is special interest legislation for increasing bureaucratic power.


“POCAA gives state regulators unilateral authority to intrude by claiming a “public interest” in private charitable or religious assets. That phrase, which was specifically debated during POCAA’s drafting, is vitally important. “On behalf of the public” would have given state attorneys general legal standing to litigate when charitable assets might be misused. But with the words “in the public interest,” POCAA misconstrues this authority, giving the state a larger say in charities’ activities. It also extends this authority to other state officials who are not attorneys general or even attorneys. This makes POCAA even more ripe for unqualified and subjective interpretations.”

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