Arkansas 2023 Regular Session

Arkansas Senate Bill SB118 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 126 of the Regular Session
3	2		JMB056 01-31-2023 08:53:58 JMB056
4	3
5	4		State of Arkansas As Engrossed: S1/31/23 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 SENATE BILL 118 3
8	7		4
9	8		By: Senators J. Dotson, J. Boyd, J. Bryant, Crowell, Dees, Flippo, Gilmore, Hester, Hill, B. Johnson, M. 5
10	9		Johnson, M. McKee, C. Penzo, J. Petty, Stone, D. Wallace 6
11	10		By: Representatives McAlindon, Andrews, Beaty Jr., Breaux, M. Brown, Ennett, Haak, Hawk, Hudson, 7
12	11		Lundstrum, McClure, McCollum, S. Meeks, R. Scott Richardson, Rose, Underwood, Wardlaw 8
13	12		9
14	13		For An Act To Be Entitled 10
15	14		AN ACT TO DEFINE THE TERM "ANTISEMITISM" WHEN 11
16	15		REVIEWING, INVESTIGA TING, OR DETERMINING WHETHER 12
17	16		THERE HAS BEEN A VIOLATION OF L AW OR POLICY 13
18	17		PROHIBITING DISCRIMI NATORY ACTS OR PRACT ICES BASED ON 14
19	18		RACE, RELIGION, ETHN ICITY, OR NATIONAL O RIGIN; AND 15
20	19		FOR OTHER PURPOSES. 16
21	20		17
22	21		18
23	22		Subtitle 19
24	23		TO DEFINE THE TERM "ANTISEMITISM" WHEN 20
25	24		REVIEWING, INVESTIGATING, OR DETERMINING 21
26	25		WHETHER THERE HAS BEEN A VIOLATION OF LAW 22
27	26		OR POLICY PROHIBITING DISCRIMINATORY ACTS 23
28	27		OR PRACTICES BASED ON RACE, RELIGION, 24
29	28		ETHNICITY, OR NATIONAL ORIGIN. 25
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32	31		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 28
33	32		29
34	33		SECTION 1. Arkansas Code Title 16, Chapter 123, is amended to add an 30
35	34		additional subchapter to read as follows: 31
36	35		Subchapter 5 — Antisemitism 32
37	36		33
38	37		16-123-501. Intent. 34
39	38		It is the intent of the General Assembly to adopt the definition of 35
40	39		"antisemitism" adopted on May 26, 2016, by the Internati onal Holocaust 36 As Engrossed: S1/31/23 SB118
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45	44		Remembrance Alliance, including the accompanying examples of contemporary 1
46	45		antisemitism identified by the International Holocaust Remembrance Alliance, 2
47	46		as existing on January 1, 2023, as this definition of "antisemitism" has been 3
48	47		adopted and used by dozens of countries as well as various departments within 4
49	48		the United States Government. 5
50	49		6
51	50		16-123-502. Definitions. 7
52	51		As used in this subchapter: 8
53	52		(1)(A) "Antisemitism" means the same as defined by the 9
54	53		International Holocaust Remembrance Alliance on May 26, 2016, and includes 10
55	54		the contemporary examples of antisemitism identified by the International 11
56	55		Holocaust Remembrance Alliance, as existing on January 1, 2023. 12
57	56		(B) "Antisemitism" does not include criticism of Israel 13
58	57		that is similar to criticism against any other country; 14
59	58		(2) “Government” includes a branch, department, agency, 15
60	59		instrumentality, political subdivision, official, or other person acting 16
61	60		under color of state law; and 17
62	61		(3) “State law” includes without limitation a law or ordinance 18
63	62		of a political subdivision. 19
64	63		20
65	64		16-123-503. Construction. 21
66	65		(a) This subchapter does not diminish or infringe upon any right 22
67	66		protected under the First Amendment to the United States Constitution or the 23
68	67		Arkansas Constitution. 24
69	68		(b) This subchapter shall not be construed to conflict with federal 25
70	69		law or state law concerning discrimination. 26
71	70		27
72	71		16-123-504. Clarification of antisemitism related to discriminatory 28
73	72		acts. 29
74	73		(a) In reviewing, investigating, or determining whether there has been 30
75	74		a violation of any relev ant policy, law, or rule prohibiting discriminatory 31
76	75		acts, the government shall take into consideration the definition of 32
77	76		antisemitism under § 16 -123-502 for purposes of determining whether the 33
78	77		alleged act was motivated by discriminatory antisemitic intent. 34
79	78		(b) A court or other relevant authority shall apply the same legal 35
80	79		standard to a claim of discrimination because of antisemitism as applicable 36 As Engrossed: S1/31/23 SB118
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85	84		to claims of discrimination arising under state laws protecting civil rights, 1
86	85		including without limitation § 1 6-123-107. 2
87	86		3
88	87		SECTION 2. Arkansas Code Title 25, Chapter 1, Subchapter 1, is amended 4
89	88		to add an additional section to read as follows: 5
90	89		25-1-126. State personnel education. 6
91	90		For the purposes of educating state personnel on issues related to 7
92	91		discrimination, diversity, equity, inclusion, and antibias training, the 8
93	92		definition of antisemitism under § 16 -123-502 shall be used and incorporated 9
94	93		as an educational tool to familiarize state personnel with antisemitism in 10
95	94		all of its manifestations. 11
96	95		12
97	96		/s/J. Dotson 13
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99	98		15
100		-	~~APPROVED: 2/21/23~~ 16
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