23 LC 49 1412S
H. B. 30 (SUB)
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The House Committee on Judiciary offers the following substitute to HB 30:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to1
general provisions relative to state government, so as to require state agencies to consider2
antisemitism when determining whether an alleged act was motivated by discriminatory3
intent; to provide for limitations and construction; to provide for definitions; to provide for4
an effective date; to provide for related matters; to repeal conflicting laws; and for other5
purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general9
provisions relative to state government, is amended by adding a new Code section to read as10
follows:11
"50-1-12.
12
(a) As used in this Code section, the term:13
(1) 'Antisemitism' has the same meaning as provided for in the advisory definition of14
antisemitism adopted by the International Holocaust Remembrance Alliance (IHRA) on15
May 26, 2016: a certain perception of Jews, which may be expressed as hatred toward16
Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish17 23 LC 49 1412S
H. B. 30 (SUB)
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or non-Jewish individuals and/or their property, toward Jewish community institutions
18
and religious facilities.19
(2) 'State agency' means any branch of state government or any agency, authority,20
department, board, bureau, commission, council, corporation, entity, or instrumentality21
of this state or of a local political subdivision of this state.22
(b) All state agencies shall consider antisemitism as evidence of discriminatory intent for23
any criminal or noncriminal law or policy in this state which prohibits discrimination based24
on race, color, religion, or national origin or any criminal law in this state which provides25
for enhanced criminal penalties for criminal offenses when the defendant intentionally26
selected any victim or group of victims or any property as the object of the offense because27
of such victim's or group of victims' actual or perceived race, color, religion, or national28
origin.29
(c) Nothing in this Code section shall be construed to diminish or infringe upon any right30
protected under the First Amendment to the United States Constitution or the Georgia31
Constitution. Nothing in this Code section shall be construed to diminish or infringe upon32
an individual's right to engage in legally protected conduct or expressive activity pertaining33
to any matter of United States foreign policy or international affairs. Nothing in this Code34
section shall be construed to conflict with local, federal, or state discrimination laws.35
(d) Nothing in this Code section shall be construed to alter the evidentiary requirements36
pursuant to which an agency or department makes a determination that conduct, including37
harassment, amounts to actionable discrimination, or to diminish or infringe upon the rights38
protected under any other provision of law.39
(e) Nothing in this Code section shall be construed to impair or otherwise affect the40
authority granted by law to a department or agency.41
(f) This Code section is not intended to and does not create any right or benefit,42
substantive or procedural, enforceable at law or in equity by any party against the state, its43
departments, agencies, or entities, its officers, employees, or agents."44 23 LC 49 1412S
H. B. 30 (SUB)
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SECTION 2.45
This Act shall become effective upon its approval by the Governor or upon its becoming law46
without such approval.47
SECTION 3.48
All laws and parts of laws in conflict with this Act are repealed.49