Indicates Matter Stricken

Indicates New Matter

 

Amended

May 3, 2023

H. 4042

 

Introduced by Reps Bernstein, Gilliard, Wheeler, Wetmore, King, Howard, Henegan, Stavrinakis, Bauer, Rutherford, W. Newton, Jordan, Pope, Bannister, J. E. Johnson, Brittain, Elliott and Jefferson

 

S. Printed 05/03/23--H.

Read the first time February 28, 2023

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 1-1-1710 SO AS TO PROVIDE A FRAMEWORK IN WHICH ANTISEMITISM IS CONSIDERED REGARDING ALL LAWS PROHIBITING DISCRIMINATORY ACTS.

    Amend Title To Conform

 

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

 

    Antisemitism

 

    Section 1-1-1710.  (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.

    (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 may 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.

 

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

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