19 | 7 | | general provisions relative to state government, so as to require certain agencies to consider2 |
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20 | 8 | | the definition of antisemitism provided for in this Act in the enforcement of laws and3 |
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21 | 9 | | regulations prohibiting discrimination on the basis of race, color, religion, or national origin;4 |
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22 | 10 | | to provide for limitations and construction; to provide for definitions; to provide for5 |
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23 | 11 | | nonseverability; to provide for an effective date; to provide for related matters; to repeal6 |
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24 | 12 | | conflicting laws; and for other purposes.7 |
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25 | 13 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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26 | 14 | | SECTION 1.9 |
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27 | 15 | | Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general10 |
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28 | 16 | | provisions relative to state government, is amended by adding a new Code section to read as11 |
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29 | 17 | | follows:12 |
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35 | 21 | | (1) 'Agency' means any agency, authority, department, board, bureau, commission,15 |
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36 | 22 | | council, corporation, entity, or instrumentality of state government and all local political16 |
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37 | 23 | | subdivisions of this state.17 |
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38 | 24 | | (2) 'Definition of antisemitism' has the same meaning as provided for in the working18 |
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39 | 25 | | definition of antisemitism and the contemporary examples of antisemitism adopted by the19 |
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40 | 26 | | International Holocaust Remembrance Alliance (IHRA) on May 26, 2016, and20 |
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41 | 27 | | incorporated by reference in Presidential Executive Order Number 13899, 84 F.R. 6877921 |
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42 | 28 | | December 11, 2019.22 |
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43 | 29 | | (b) An agency authorized or required to enforce any criminal or noncriminal law or23 |
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44 | 30 | | regulation that prohibits discrimination on the basis of race, color, religion, or national24 |
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45 | 31 | | origin shall consider the definition of antisemitism in the course of such enforcement.25 |
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46 | 32 | | (c) In determining whether to seek the enhanced penalty or penalties authorized by Code26 |
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47 | 33 | | Section 17-10-17, the state shall consider the definition of antisemitism for the purpose of27 |
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48 | 34 | | determining whether such penalty enhancement is authorized.28 |
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49 | 35 | | (d) Nothing in this Code section shall be construed to diminish or infringe upon any right29 |
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50 | 36 | | protected under the First Amendment to the United States Constitution or the Georgia30 |
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51 | 37 | | Constitution. Nothing in this Code section shall be construed to diminish or infringe upon31 |
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52 | 38 | | an individual's right to engage in legally protected conduct or expressive activity pertaining32 |
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53 | 39 | | to any matter of United States foreign policy or international affairs. Nothing in this Code33 |
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54 | 40 | | section shall be construed to conflict with local, federal, or state discrimination laws.34 |
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55 | 41 | | (e) Nothing in this Code section shall be construed to alter the evidentiary requirements35 |
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56 | 42 | | pursuant to which an agency makes a determination that conduct, including harassment,36 |
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57 | 43 | | amounts to actionable discrimination, or to diminish or infringe upon the rights protected37 |
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58 | 44 | | under any other provision of law.38 |
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59 | 45 | | (f) Nothing in this Code section shall be construed to impair or otherwise affect the39 |
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60 | 46 | | authority granted by law to an agency.40 |
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63 | 48 | | (g) This Code section shall not create any right or benefit, substantive or procedural, or41 |
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64 | 49 | | any cause of action, enforceable at law or in equity, by any party against the state or any42 |
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65 | 50 | | agency."43 |
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66 | 51 | | SECTION 2.44 |
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67 | 52 | | In the event any section, subsection, paragraph, subparagraph, item, sentence, clause, phrase,45 |
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68 | 53 | | or word of this Act is declared or adjudged to be invalid or unconstitutional, the remaining46 |
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69 | 54 | | portions of this Act shall automatically be repealed upon the entry of such declaration or47 |
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70 | 55 | | adjudication and shall not remain of full force and effect after such declaration or48 |
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71 | 56 | | adjudication. The General Assembly declares that it would not have enacted the remaining49 |
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72 | 57 | | parts of this Act if it had known that such portion of this Act would be declared or adjudged50 |
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73 | 58 | | invalid or unconstitutional.51 |
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74 | 59 | | SECTION 3.52 |
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75 | 60 | | This Act shall become effective upon its approval by the Governor or upon its becoming law53 |
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76 | 61 | | without such approval.54 |
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77 | 62 | | SECTION 4.55 |
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78 | 63 | | All laws and parts of laws in conflict with this Act are repealed.56 |
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