Georgia 2023 2023-2024 Regular Session

Georgia House Bill HB30 Introduced / Bill

Filed 01/13/2023

                    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
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(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