Bill Text: SC H3686 | 2023-2024 | 125th General Assembly | Draft


Bill Title: Anti-semitism

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced - Dead) 2023-02-23 - Recommitted to Committee on Judiciary [H3686 Detail]

Download: South_Carolina-2023-H3686-Draft.html
2023-2024 Bill 3686 Text of Previous Version (Feb. 16, 2023) - South Carolina Legislature Online

South Carolina General Assembly
125th Session, 2023-2024

Bill 3686


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Committee Report

February 16, 2023

H. 3686

Introduced by Rep. Bernstein

S. Printed 02/16/23--H.

Read the first time January 12, 2023

________

The committee on House Judiciary

To who was referred a Bill (H. 3686) to amend the South Carolina Code of Laws by adding Section 1-1-1710 so as to provide a framework in which anti-semitism is considered regarding all laws prohibiting, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

   Amend the bill, as and if amended, SECTION 1, page 1, by striking the name of the Article on line 22, and inserting:

   Antisemitism

Amend the bill further, SECTION 1, by striking Section 1-1-1710(A) and inserting:

   (A)   For purposes of this section, the term "definition of antisemitism":

      (1)   includes the definition of antisemitism adopted on May 26, 2016, by the International Holocaust Remembrance Alliance, which has been adopted by the United States Department of State;

      (2)   includes contemporary examples of antisemitism identified by the International Holocaust Remembrance Alliance; and

      (3)   does not include criticism of Israel similar to that leveled against any other country.

Amend the bill further, SECTION 1, by striking Section 1-1-1710(C) and (D) and inserting:

   (C)   In reviewing, investigating, or deciding whether there has been a violation of any relevant policy, law, or regulation prohibiting discriminatory acts, the State shall take into consideration the definition of antisemitism set forth in law for purposes of determining whether the alleged act was discriminatory. A court or other relevant authority shall apply the same legal standard as applicable to like claims of discrimination arising under the laws of this State protecting civil rights, including Chapter 13 of this title.

   (D)   For purposes of educating state personnel on issues related to discrimination, diversity, equity, inclusion, and anti-bias training, the definition of antisemitism shall be used and incorporated as an educational tool to familiarize personnel and officials with antisemitism in all of its manifestations.

Renumber sections to conform.

Amend title to conform.

WM. WESTON J. NEWTON for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 1-1-1710 SO AS TO PROVIDE A FRAMEWORK IN WHICH ANTI-SEMITISM IS CONSIDERED REGARDING ALL LAWS PROHIBITING DISCRIMINATORY ACTS, AND TO EDUCATE STATE PERSONNEL AND OFFICIALS ON ANTI-SEMITISM.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.   Chapter 1, Title 1 of the S.C. Code is amended by adding:

   Article 27

   Anti-Semitism

   Section 1-1-1710.   (A)   For purposes of this section, the term "definition of anti-Semitism":

      (1)   includes the definition of anti-Semitism adopted on May 26, 2016, by the International Holocaust Remembrance Alliance, which has been adopted by the United States Department of State;

      (2)   includes contemporary examples of anti-Semitism identified by the International Holocaust Remembrance Alliance; and

      (3)   does not include criticism of Israel similar to that leveled against any other country.

   (B)   Nothing in this section may be construed to:

      (1)   diminish or infringe upon any rights protected under the First Amendment to the United States Constitution or Section 2, Article 1 of the South Carolina Constitution, 1895; or

      (2)   conflict with federal, state, or local discrimination laws.

   (C)   In reviewing, investigating, or deciding whether there has been a violation of any relevant policy, law, or regulation prohibiting discriminatory acts, the State shall take into consideration the definition of anti-Semitism set forth in law for purposes of determining whether the alleged act was motivated by discriminatory anti-Semitic intent. A court or other relevant authority shall apply the same legal standard as applicable to like claims of discrimination arising under the laws of this State protecting civil rights, including Chapter 13 of this title.

   (D)   For purposes of educating state personnel on issues related to discrimination, diversity, equity, inclusion, and anti-bias training, the definition of anti-Semitism must be used and incorporated as an educational tool to familiarize personnel and officials with anti-Semitism in all of its manifestations.

SECTION 2.   This act takes effect upon approval by the Governor.

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This web page was last updated on February 16, 2023 at 01:51 PM

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