Stricken language would be deleted from and underlined language would be added to present law.
Act 126 of the Regular Session
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State of Arkansas As Engrossed: S1/31/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 118 3
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By: Senators J. Dotson, J. Boyd, J. Bryant, Crowell, Dees, Flippo, Gilmore, Hester, Hill, B. Johnson, M. 5
Johnson, M. McKee, C. Penzo, J. Petty, Stone, D. Wallace 6
By: Representatives McAlindon, Andrews, Beaty Jr., Breaux, M. Brown, Ennett, Haak, Hawk, Hudson, 7
Lundstrum, McClure, McCollum, S. Meeks, R. Scott Richardson, Rose, Underwood, Wardlaw 8
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For An Act To Be Entitled 10
AN ACT TO DEFINE THE TERM "ANTISEMITISM" WHEN 11
REVIEWING, INVESTIGA TING, OR DETERMINING WHETHER 12
THERE HAS BEEN A VIOLATION OF L AW OR POLICY 13
PROHIBITING DISCRIMI NATORY ACTS OR PRACT ICES BASED ON 14
RACE, RELIGION, ETHN ICITY, OR NATIONAL O RIGIN; AND 15
FOR OTHER PURPOSES. 16
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Subtitle 19
TO DEFINE THE TERM "ANTISEMITISM" WHEN 20
REVIEWING, INVESTIGATING, OR DETERMINING 21
WHETHER THERE HAS BEEN A VIOLATION OF LAW 22
OR POLICY PROHIBITING DISCRIMINATORY ACTS 23
OR PRACTICES BASED ON RACE, RELIGION, 24
ETHNICITY, OR NATIONAL ORIGIN. 25
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 28
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SECTION 1. Arkansas Code Title 16, Chapter 123, is amended to add an 30
additional subchapter to read as follows: 31
Subchapter 5 — Antisemitism 32
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16-123-501. Intent. 34
It is the intent of the General Assembly to adopt the definition of 35
"antisemitism" adopted on May 26, 2016, by the Internationa l Holocaust 36 As Engrossed: S1/31/23 SB118
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Remembrance Alliance, including the accompanying examples of contemporary 1
antisemitism identified by the International Holocaust Remembrance Alliance, 2
as existing on January 1, 2023, as this definition of "antisemitism" has been 3
adopted and used by dozens of countries as well as various departments within 4
the United States Government. 5
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16-123-502. Definitions. 7
As used in this subchapter: 8
(1)(A) "Antisemitism" means the same as defined by the 9
International Holocaust Remembrance Alliance on May 26, 2016, and includes 10
the contemporary examples of antisemitism identified by the International 11
Holocaust Remembrance Alliance, as existing on January 1, 2023. 12
(B) "Antisemitism" does not include criticism of Israel 13
that is similar to criticism against any other country; 14
(2) “Government” includes a branch, department, agency, 15
instrumentality, political subdivision, official, or other person acting 16
under color of state law; and 17
(3) “State law” includes without limitation a law or ordinance 18
of a political subdivision. 19
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16-123-503. Construction. 21
(a) This subchapter does not diminish or infringe upon any right 22
protected under the First Amendment to the United States Constitution or the 23
Arkansas Constitution. 24
(b) This subchapter shall not b e construed to conflict with federal 25
law or state law concerning discrimination. 26
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16-123-504. Clarification of antisemitism related to discriminatory 28
acts. 29
(a) In reviewing, investigating, or determining whether there has been 30
a violation of any releva nt policy, law, or rule prohibiting discriminatory 31
acts, the government shall take into consideration the definition of 32
antisemitism under § 16 -123-502 for purposes of determining whether the 33
alleged act was motivated by discriminatory antisemitic intent. 34
(b) A court or other relevant authority shall apply the same legal 35
standard to a claim of discrimination because of antisemitism as applicable 36 As Engrossed: S1/31/23 SB118
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to claims of discrimination arising under state laws protecting civil rights, 1
including without limitation § 16 -123-107. 2
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SECTION 2. Arkansas Code Title 25, Chapter 1, Subchapter 1, is amended 4
to add an additional section to read as follows: 5
25-1-126. State personnel education. 6
For the purposes of educating state personnel on issues related to 7
discrimination, diversity, equity, inclusion, and antibias training, the 8
definition of antisemitism under § 16 -123-502 shall be used and incorporated 9
as an educational tool to familiarize state personnel with antisemitism in 10
all of its manifestations. 11
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/s/J. Dotson 13
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APPROVED: 2/21/23 16
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