Georgia 2023-2024 Regular Session

Georgia House Bill HB30 Compare Versions

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1-24 HB 30/AP
2-House Bill 30 (AS PASSED HOUSE AND SENATE)
3-By: Representatives Carson of the 46
4-th
5-, Efstration of the 104
6-th
7-, Panitch of the 51
8-st
9-, Evans of
10-the 57
11-th
12-, Cooper of the 45
13-th
14-, and others
1+24 LC 49 1587S
2+The Senate Committee on the Judiciary offered the following
3+substitute to HB 30:
154 A BILL TO BE ENTITLED
165 AN ACT
17-To amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to
18-1
6+To amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to1
197 general provisions relative to state government, so as to require certain agencies to consider2
208 the definition of antisemitism provided for in this Act in the enforcement of laws and3
219 regulations prohibiting discrimination on the basis of race, color, religion, or national origin;4
2210 to provide for limitations and construction; to provide for definitions; to provide for5
2311 nonseverability; to provide for an effective date; to provide for related matters; to repeal6
2412 conflicting laws; and for other purposes.7
2513 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
2614 SECTION 1.9
2715 Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general10
2816 provisions relative to state government, is amended by adding a new Code section to read as11
2917 follows:12
30-"50-1-12.
31-13
18+"50-1-12.13
3219 (a) As used in this Code section, the term:14
33-H. B. 30
34-- 1 - 24 HB 30/AP
20+- 1 - 24 LC 49 1587S
3521 (1) 'Agency' means any agency, authority, department, board, bureau, commission,15
3622 council, corporation, entity, or instrumentality of state government and all local political16
3723 subdivisions of this state.17
3824 (2) 'Definition of antisemitism' has the same meaning as provided for in the working18
3925 definition of antisemitism and the contemporary examples of antisemitism adopted by the19
4026 International Holocaust Remembrance Alliance (IHRA) on May 26, 2016, and20
4127 incorporated by reference in Presidential Executive Order Number 13899, 84 F.R. 6877921
4228 December 11, 2019.22
4329 (b) An agency authorized or required to enforce any criminal or noncriminal law or23
4430 regulation that prohibits discrimination on the basis of race, color, religion, or national24
4531 origin shall consider the definition of antisemitism in the course of such enforcement.25
4632 (c) In determining whether to seek the enhanced penalty or penalties authorized by Code26
4733 Section 17-10-17, the state shall consider the definition of antisemitism for the purpose of27
4834 determining whether such penalty enhancement is authorized.28
4935 (d) Nothing in this Code section shall be construed to diminish or infringe upon any right29
5036 protected under the First Amendment to the United States Constitution or the Georgia30
5137 Constitution. Nothing in this Code section shall be construed to diminish or infringe upon31
5238 an individual's right to engage in legally protected conduct or expressive activity pertaining32
5339 to any matter of United States foreign policy or international affairs. Nothing in this Code33
5440 section shall be construed to conflict with local, federal, or state discrimination laws.34
5541 (e) Nothing in this Code section shall be construed to alter the evidentiary requirements35
5642 pursuant to which an agency makes a determination that conduct, including harassment,36
5743 amounts to actionable discrimination, or to diminish or infringe upon the rights protected37
5844 under any other provision of law.38
5945 (f) Nothing in this Code section shall be construed to impair or otherwise affect the39
6046 authority granted by law to an agency.40
61-H. B. 30
62-- 2 - 24 HB 30/AP
47+- 2 - 24 LC 49 1587S
6348 (g) This Code section shall not create any right or benefit, substantive or procedural, or41
6449 any cause of action, enforceable at law or in equity, by any party against the state or any42
6550 agency."43
6651 SECTION 2.44
6752 In the event any section, subsection, paragraph, subparagraph, item, sentence, clause, phrase,45
6853 or word of this Act is declared or adjudged to be invalid or unconstitutional, the remaining46
6954 portions of this Act shall automatically be repealed upon the entry of such declaration or47
7055 adjudication and shall not remain of full force and effect after such declaration or48
7156 adjudication. The General Assembly declares that it would not have enacted the remaining49
7257 parts of this Act if it had known that such portion of this Act would be declared or adjudged50
7358 invalid or unconstitutional.51
7459 SECTION 3.52
7560 This Act shall become effective upon its approval by the Governor or upon its becoming law53
7661 without such approval.54
7762 SECTION 4.55
7863 All laws and parts of laws in conflict with this Act are repealed.56
79-H. B. 30
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