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SB 834 -Tax-exempt status: insurrection.

Introduced by Senator Wiener (Principal coauthor: Assembly Member Mullin) (Coauthors: Senators Becker, Hertzberg, Kamlager, Min, Newman, Portantino, Stern, and Umberg) (Coauthors: Assembly Members Berman, Cristina Garcia, Ting, and Wicks)

Existing federal law defines various crimes against the established republican form of government, including treason, insurrection, and seditious conspiracy, as provided.

This bill would authorize the Attorney General to make a finding that a tax-exempt organization has actively engaged in, or incited the active engagement in, acts or conspiracies defined as criminal under specified federal law, and likely to produce imminent violation of that federal law. The bill would require the Attorney General to notify the Franchise Tax Board of such a finding and would state the existing authority of the Franchise Tax Board to revoke the tax-exempt status of the organization found to be in violation.

POSTED: June 10, 2022

STATUS: Assembly - referred to Committees on Public Safety and Revenue & Taxation on 05/27/22


Thoughts for consideration:

· The partisan purpose of this bill is made clear by stating that the justification for the bill is the January 6 Capitol riot.

· The revocation of an organization 501(c)(3) tax-exempt status would be a judgement call by the Attorney General only as to “actively engaged in…conspiracies”.

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