24 LC 49 1587S
The Senate Committee on the Judiciary offered 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 certain agencies to consider2
the definition of antisemitism provided for in this Act in the enforcement of laws and3
regulations prohibiting discrimination on the basis of race, color, religion, or national origin;4
to provide for limitations and construction; to provide for definitions; to provide for5
nonseverability; to provide for an effective date; to provide for related matters; to repeal6
conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general10
provisions relative to state government, is amended by adding a new Code section to read as11
follows:12
"50-1-12.13
(a) As used in this Code section, the term:14
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(1) 'Agency' means any agency, authority, department, board, bureau, commission,15
council, corporation, entity, or instrumentality of state government and all local political16
subdivisions of this state.17
(2) 'Definition of antisemitism' has the same meaning as provided for in the working18
definition of antisemitism and the contemporary examples of antisemitism adopted by the19
International Holocaust Remembrance Alliance (IHRA) on May 26, 2016, and20
incorporated by reference in Presidential Executive Order Number 13899, 84 F.R. 6877921
December 11, 2019.22
(b) An agency authorized or required to enforce any criminal or noncriminal law or23
regulation that prohibits discrimination on the basis of race, color, religion, or national24
origin shall consider the definition of antisemitism in the course of such enforcement.25
(c) In determining whether to seek the enhanced penalty or penalties authorized by Code26
Section 17-10-17, the state shall consider the definition of antisemitism for the purpose of27
determining whether such penalty enhancement is authorized.28
(d) Nothing in this Code section shall be construed to diminish or infringe upon any right29
protected under the First Amendment to the United States Constitution or the Georgia30
Constitution. Nothing in this Code section shall be construed to diminish or infringe upon31
an individual's right to engage in legally protected conduct or expressive activity pertaining32
to any matter of United States foreign policy or international affairs. Nothing in this Code33
section shall be construed to conflict with local, federal, or state discrimination laws.34
(e) Nothing in this Code section shall be construed to alter the evidentiary requirements35
pursuant to which an agency makes a determination that conduct, including harassment,36
amounts to actionable discrimination, or to diminish or infringe upon the rights protected37
under any other provision of law.38
(f) Nothing in this Code section shall be construed to impair or otherwise affect the39
authority granted by law to an agency.40
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(g) This Code section shall not create any right or benefit, substantive or procedural, or41
any cause of action, enforceable at law or in equity, by any party against the state or any42
agency."43
SECTION 2.44
In the event any section, subsection, paragraph, subparagraph, item, sentence, clause, phrase,45
or word of this Act is declared or adjudged to be invalid or unconstitutional, the remaining46
portions of this Act shall automatically be repealed upon the entry of such declaration or47
adjudication and shall not remain of full force and effect after such declaration or48
adjudication. The General Assembly declares that it would not have enacted the remaining49
parts of this Act if it had known that such portion of this Act would be declared or adjudged50
invalid or unconstitutional.51
SECTION 3.52
This Act shall become effective upon its approval by the Governor or upon its becoming law53
without such approval.54
SECTION 4.55
All laws and parts of laws in conflict with this Act are repealed.56
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