23 LC 49 1082 H. B. 30 - 1 - House Bill 30 By: Representatives Carson of the 46 th , Efstration of the 104 th , Panitch of the 51 st , Evans of the 57 th , Bazemore of the 69 th , and others A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to 1 general provisions relative to state government, so as to provide for the definition of2 antisemitism; to require state agencies and departments to consider such definition when3 determining whether an alleged act was motivated by discriminatory antisemitic intent; to4 provide for limitations and construction; to provide legislative findings; to provide for related5 matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 The General Assembly finds that:9 (1) Antisemitism, including harassment on the basis of actual or perceived Jewish origin,10 ancestry, ethnicity, identity, affiliation, or faith, remains a persistent, pervasive, and11 disturbing problem in contemporary American society;12 (2) Jewish people continue to be a targeted minority in the United States. Data show, for13 instance, that Jews are consistently the most likely of all religious groups to be victimized14 by incidents of hate, and that such incidents are increasing at an alarming rate;15 23 LC 49 1082 H. B. 30 - 2 - (3) State officials and institutions have a responsibility to protect citizens from acts of 16 hate and bigotry motivated by discriminatory animus, including antisemitism, and must17 be given the tools to do so;18 (4) Valid monitoring, informed analysis and investigation, and effective policy making19 all require uniform definitions;20 (5) While there can be no exhaustive definition of antisemitism, as it can take many21 forms, the International Holocaust Remembrance Alliance (IHRA) Working Definition22 has been an essential definitional tool used to determine contemporary manifestations of23 antisemitism and includes useful examples of discriminatory anti-Israel acts that can24 cross the line into antisemitism;25 (6) The IHRA definition is used by various agencies of the federal government and by26 over 30 governments around the world, recommended for use by the European Council27 and the European Parliament, endorsed by the Secretary-General of the United Nations28 and the Secretary General of the OAS, included in policy guides prepared by the29 Organization for Security and Cooperation in Europe, and has been formally adopted by30 a growing number of nations, cities, universities, sports teams, and civil society31 organizations; and32 (7) Use of this definition of antisemitism, although it is not to be taken as an exhaustive33 definition, will increase the awareness and understanding of the parameters of34 contemporary anti-Jewish discrimination in certain circumscribed areas.35 SECTION 2.36 Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general37 provisions relative to state government, is amended by adding a new Code section to read as38 follows:39 23 LC 49 1082 H. B. 30 - 3 - "50-1-12.40 (a) As used in this Code section, the term 'antisemitism' has the same meaning as provided41 for in the working definition of antisemitism adopted by the International Holocaust42 Remembrance Alliance (IHRA) on May 26, 2016, and includes the examples of43 antisemitism set forth therein.44 (b) All state departments and agencies shall consider antisemitism as evidence of45 discriminatory intent for any law or policy in this State which prohibits discrimination46 based on race, color, religion, or national origin or provides for enhanced criminal penalties47 for criminal offenses when the defendant intentionally selected any victim or group of48 victims or any property as the object of the offense because of such victim's or group of49 victims' actual or perceived race, color, religion, or national origin.50 (c) Nothing in this Code section shall be construed to diminish or infringe upon any right51 protected under the First Amendment to the United States Constitution or the Georgia52 Constitution. Nothing in this Code section shall be construed to conflict with local, federal,53 or state discrimination laws.54 (d) Nothing in this Code section shall be construed to alter the evidentiary requirements55 pursuant to which an agency or department makes a determination that conduct, including56 harassment, amounts to actionable discrimination, or to diminish or infringe upon the rights57 protected under any other provision of law.58 (e) Nothing in this Code section shall be construed to impair or otherwise affect the59 authority granted by law to a department or agency.60 (f) This Code section is not intended to and does not create any right or benefit,61 substantive or procedural, enforceable at law or in equity by any party against the state, its62 departments, agencies, or entities, its officers, employees, or agents, or any other person."63 SECTION 3.64 All laws and parts of laws in conflict with this Act are repealed.65