House
File
2303
-
Introduced
HOUSE
FILE
2303
BY
UPMEYER
,
HINSON
,
SALMON
,
HUSEMAN
,
GASSMAN
,
MOMMSEN
,
WILLS
,
PAUSTIAN
,
WORTHAN
,
KERR
,
FISHER
,
THOMPSON
,
KLEIN
,
DEYOE
,
ZUMBACH
,
RUNNING-MARQUARDT
,
THORUP
,
JACOBSEN
,
BACON
,
CARLSON
,
HEIN
,
JONES
,
SORENSEN
,
WINDSCHITL
,
PRICHARD
,
SEXTON
,
FRY
,
HOLT
,
GRASSLEY
,
SHIPLEY
,
OSMUNDSON
,
BLOOMINGDALE
,
LANDON
,
BOSSMAN
,
HAGENOW
,
GERHOLD
,
MOORE
,
DONAHUE
,
McKEAN
,
KAUFMANN
,
STECKMAN
,
HITE
,
MAXWELL
,
BAXTER
,
GUSTAFSON
,
DOLECHECK
,
LOHSE
,
and
BERGAN
A
BILL
FOR
An
Act
requiring
consideration
of
anti-Semitism
by
governmental
1
entities
when
investigating
possible
discriminatory
acts.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2303
Section
1.
NEW
SECTION
.
216F.1
Legislative
findings.
1
The
general
assembly
finds
and
declares
the
following:
2
1.
Anti-Semitism,
and
harassment
on
the
basis
of
actual
3
or
perceived
national
origin,
shared
ancestry,
or
ethnic
4
characteristics
with
a
religious
group,
remains
a
persistent,
5
pervasive,
and
disturbing
problem
in
contemporary
American
6
society.
7
2.
Data
shows
that
Jews
are
among
the
most
likely
of
all
8
minority
groups
to
be
victimized
by
incidents
of
hate,
and
such
9
incidents
are
increasing
at
an
alarming
rate.
10
3.
Campus
anti-Semitism
is
systemic,
broad,
and
deep,
with
11
recent
studies
showing
that
the
number
of
Jewish
students
12
experiencing
anti-Semitism
on
campuses
across
the
United
States
13
had
spiked
sharply.
14
4.
State
officials
and
institutions,
including
educational
15
institutions,
have
a
responsibility
to
protect
citizens
from
16
acts
of
hate
and
bigotry
motivated
by
discriminatory
animus,
17
including
anti-Semitism,
and
must
be
given
the
tools
to
do
so.
18
5.
Valid
monitoring,
informed
analysis
and
investigation,
19
and
effective
policymaking
all
require
uniform
definitions.
20
6.
While
there
is
no
one
exclusive
definition
of
21
anti-Semitism,
given
the
many
forms
anti-Semitism
may
take,
for
22
the
purposes
of
this
chapter,
the
specifically
conduct-based
23
definition
of
anti-Semitism
adopted
by
the
international
24
holocaust
remembrance
alliance,
which
consists
of
over
thirty
25
nations,
and
subsequently
used
by
the
United
States
department
26
of
state
and
the
governments
of
numerous
other
nations,
27
has
been
an
essential
definitional
tool
used
to
determine
28
contemporary
manifestations
of
anti-Semitism,
and
includes
29
useful
examples
of
discriminatory
anti-Israel
acts
that
cross
30
the
line
into
anti-Semitism.
31
7.
Awareness
of
this
conduct-based
definition
of
32
anti-Semitism,
although
it
should
not
be
taken
as
an
exclusive
33
definition,
will
increase
understanding
of
the
parameters
of
34
contemporary
anti-Jewish
crime
and
discrimination
in
certain
35
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circumscribed
areas.
1
Sec.
2.
NEW
SECTION
.
216F.2
Definitions.
2
For
purposes
of
this
chapter,
“anti-Semitism”
means
the
3
definition
of
anti-Semitism
adopted
on
May
26,
2016,
by
the
4
international
holocaust
remembrance
alliance,
including
the
5
contemporary
examples
of
anti-Semitism
accompanying
such
6
definition.
“Anti-Semitism”
does
not
include
criticism
of
7
Israel
similar
to
that
leveled
against
any
other
country.
8
Sec.
3.
NEW
SECTION
.
216F.3
Determination
of
discriminatory
9
acts
——
consideration
of
anti-Semitism.
10
In
reviewing,
investigating,
or
deciding
whether
there
11
has
been
a
violation
of
any
law,
rule,
or
policy
prohibiting
12
discriminatory
acts,
a
governmental
entity
shall
take
into
13
consideration
the
definition
of
anti-Semitism
set
forth
in
this
14
chapter
for
purposes
of
determining
whether
an
alleged
act
was
15
motivated
by
discriminatory
anti-Semitic
intent.
16
Sec.
4.
NEW
SECTION
.
216F.4
Rules
of
construction.
17
This
chapter
shall
not
be
construed
to
diminish
or
infringe
18
upon
any
right
protected
under
the
Constitution
of
the
State
of
19
Iowa
or
the
first
amendment
to
the
Constitution
of
the
United
20
States.
This
chapter
shall
not
be
construed
to
conflict
with
21
local,
state,
or
federal
discrimination
laws.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
requires
a
governmental
entity
reviewing,
26
investigating,
or
deciding
whether
there
has
been
a
violation
27
of
any
law,
rule,
or
policy
prohibiting
discriminatory
acts
28
to
take
into
consideration
the
definition
of
anti-Semitism
29
set
forth
in
the
bill
for
purposes
of
determining
whether
30
an
alleged
act
was
motivated
by
discriminatory
anti-Semitic
31
intent.
32
The
bill
defines
“anti-Semitism”
as
the
definition
of
33
anti-Semitism
adopted
on
May
26,
2016,
by
the
international
34
holocaust
remembrance
alliance
(“IHRA”),
including
the
35
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2303
contemporary
examples
of
anti-Semitism
accompanying
such
1
definition.
“Anti-Semitism”
does
not
include
criticism
of
2
Israel
similar
to
that
leveled
against
any
other
country.
3
The
IHRA
definition
provides:
“Antisemitism
is
a
certain
4
perception
of
Jews,
which
may
be
expressed
as
hatred
toward
5
Jews.
Rhetorical
and
physical
manifestations
of
antisemitism
6
are
directed
toward
Jewish
or
non-Jewish
individuals
and/or
7
their
property,
toward
Jewish
community
institutions
and
8
religious
facilities”.
The
IHRA
definition
includes
11
9
contemporary
examples
of
anti-Semitism,
including
calling
for,
10
aiding,
or
justifying
the
killing
or
harming
of
Jews
in
the
11
name
of
a
radical
ideology
or
an
extremist
view
of
religion.
12
The
bill
shall
not
be
construed
to
diminish
or
infringe
upon
13
any
right
protected
under
the
Constitution
of
the
State
of
Iowa
14
or
the
first
amendment
to
the
Constitution
of
the
United
States
15
and
shall
not
be
construed
to
conflict
with
local,
state,
or
16
federal
discrimination
laws.
17
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