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added = the amendment's new text.
House File 2504 -H-8089 IntroducedAmend HOUSEthe FILEamendment, 2504H-8082, BYto COMMITTEEHouse ONFile JUDICIARY2504 (SUCCESSORas TOfollows: HF 2303) A BILL FOR An Act requiring consideration of antisemitism by governmental entities when investigating possible discriminatory acts.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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2504 Section 1.
NEW SECTION.
216F.1 Legislative findings.
The general assembly finds and declares the following:
Antisemitism,Page and1, harassmentby onstriking thelines basis4 ofthrough actual27 or perceived national origin, shared ancestry, or ethnic characteristics with a religious group, remains a persistent, pervasive, and disturbinginserting: problem in contemporary American society.
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Data___. shows that Jews are among the most likely of all minority groups to be victimized by incidents of hate, and such incidents are increasing at an alarming rate.
3.
Campus antisemitism is systemic, broad, and deep, with recent studies showing that the number of Jewish students experiencing antisemitism on campuses across the United States had spiked sharply.
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State officials and institutions, including educational institutions, have a responsibility to protect citizens from acts of hate and bigotry motivated by discriminatory animus, including antisemitism, and must be given the tools to do so.
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Valid monitoring, informed analysis and investigation, and effective policymaking all require uniform definitions.
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While there is no one exclusive definition of antisemitism, given the many forms antisemitism may take, for the purposes of this chapter, the specifically conduct-based definition of antisemitism adopted by the international holocaust remembrance alliance, which consists of over thirty nations, and subsequently used by the United States department of state and the governments of numerous other nations, has been an essential definitional tool used to determine contemporary manifestations of antisemitism, and includes useful examples of discriminatory anti-Israel acts that cross the line into antisemitism.
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Awareness of this conduct-based definition of antisemitism, although it should not be taken as an exclusive definition, will increase understanding of the parameters of contemporary anti-Jewish crime and discrimination in certain LSB 5647HV (2) 88 -1- je/jh 1/3 H.F.
2504 circumscribed areas.
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2.
216F.2729A.2A Definitions.Hate crime —— religion.
1.For purposes of this chapter, “hate crime”, when committed against a person or a person’s property because of the person’s religion, includes but is not limited to a hate crime motivated by antisemitism, Islamophobia, or discriminatory intent against the religious belief of evangelical Christians, atheists, agnostics, or a person with any other religious belief.> 2.
ForPage purposes1, ofby thisstriking chapter,lines “antisemitism”29 meansand the30 definitionand adoptedinserting <Act concerning hate crimes committed based on Maya 26,person’s 2016,religion.> by______________________________ theABDUL-SAMAD internationalof holocaustPolk remembrance______________________________ alliance:BEARINGER of Fayette ______________________________ BENNETT of Linn ______________________________ BRECKENRIDGE of Jasper ______________________________ BROWN-POWERS of Black Hawk ______________________________ COHOON of Des Moines H8082.3564 (3) 88 -1- je/jh 1/6 ______________________________ DERRY of Polk ______________________________ DONAHUE of Linn ______________________________ EHLERT of Linn ______________________________ FORBES of Polk ______________________________ GAINES of Polk ______________________________ GASKILL of Wapello ______________________________ HALL of Woodbury ______________________________ HUNTER of Polk ______________________________ ISENHART of Dubuque H8082.3564 (3) 88 -2- je/jh 2/6 ______________________________ JACOBY of Johnson ______________________________ JAMES of Dubuque ______________________________ JUDGE of Dallas ______________________________ KACENA of Woodbury ______________________________ KONFRST of Polk ______________________________ KRESSIG of Black Hawk ______________________________ KURTZ of Lee ______________________________ LENSING of Johnson ______________________________ MASCHER of Johnson H8082.3564 (3) 88 -3- je/jh 3/6 ______________________________ MATSON of Polk ______________________________ McCONKEY of Pottawattamie ______________________________ McKEAN of Jones ______________________________ MEYER of Polk ______________________________ NIELSEN of Johnson ______________________________ OLDSON of Polk ______________________________ OLSON of Polk ______________________________ OURTH of Warren ______________________________ PRICHARD of Floyd H8082.3564 (3) 88 -4- je/jh 4/6 ______________________________ RUNNING-MARQUARDT of Linn ______________________________ R.
ASMITH certainof perceptionBlack Hawk ______________________________ STAED of Jews,Linn which______________________________ maySTECKMAN beof expressedCerro asGordo hatred______________________________ towardSUNDE Jews.of Polk ______________________________ THEDE of Scott ______________________________ WESSEL-KROESCHELL of Story ______________________________ WILBURN of Story ______________________________ WILLIAMS of Black Hawk H8082.3564 (3) 88 -5- je/jh 5/6 ______________________________ WINCKLER of Scott ______________________________ WOLFE of Clinton H8082.3564 (3) 88 -6- je/jh 6/6
Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.
2.
“Antisemitism” includes the contemporary examples of antisemitism accompanying such definition.
“Antisemitism” does not include criticism of Israel similar to that leveled against any other country.
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3.
NEW SECTION.
216F.3 Determination of discriminatory acts —— consideration of antisemitism.
In reviewing, investigating, or deciding whether there has been a violation of any law, rule, or policy prohibiting discriminatory acts, a governmental entity shall take into consideration the definition of antisemitism set forth in this chapter for purposes of determining whether an alleged act was motivated by discriminatory antisemitic intent.
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4.
NEW SECTION.
216F.4 Rules of construction.
This chapter shall not be construed to diminish or infringe upon any right protected under the Constitution of the State of Iowa or the first amendment to the Constitution of the United States.
This chapter shall not be construed to conflict with local, state, or federal discrimination laws.
EXPLANATION The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.
This bill requires a governmental entity reviewing, investigating, or deciding whether there has been a violation of any law, rule, or policy prohibiting discriminatory acts to take into consideration the definition of antisemitism LSB 5647HV (2) 88 -2- je/jh 2/3 H.F.
2504 set forth in the bill for purposes of determining whether an alleged act was motivated by discriminatory antisemitic intent.
The bill defines “antisemitism” as the definition adopted on May 26, 2016, by the international holocaust remembrance alliance (“IHRA”), including the contemporary examples of antisemitism accompanying such definition.
“Antisemitism” does not include criticism of Israel similar to that leveled against any other country.
The IHRA definition provides:
“Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews.
Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities”.
The IHRA definition includes 11 contemporary examples of antisemitism, including calling for, aiding, or justifying the killing or harming of Jews in the name of a radical ideology or an extremist view of religion.
The bill shall not be construed to diminish or infringe upon any right protected under the Constitution of the State of Iowa or the first amendment to the Constitution of the United States and shall not be construed to conflict with local, state, or federal discrimination laws.
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