House File 2504 - Introduced HOUSE FILE 2504 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2303) A BILL FOR An Act requiring consideration of antisemitism by governmental 1 entities when investigating possible discriminatory acts. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5647HV (2) 88 je/jh

H.F. 2504 Section 1. NEW SECTION . 216F.1 Legislative findings. 1 The general assembly finds and declares the following: 2 1. Antisemitism, 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 antisemitism is systemic, broad, and deep, with 11 recent studies showing that the number of Jewish students 12 experiencing antisemitism 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 antisemitism, 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 antisemitism, given the many forms antisemitism may take, for 22 the purposes of this chapter, the specifically conduct-based 23 definition of antisemitism 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 antisemitism, and includes 29 useful examples of discriminatory anti-Israel acts that cross 30 the line into antisemitism. 31 7. Awareness of this conduct-based definition of 32 antisemitism, 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 -1- LSB 5647HV (2) 88 je/jh 1/ 3

H.F. 2504 circumscribed areas. 1 Sec. 2. NEW SECTION . 216F.2 Definitions. 2 1. For purposes of this chapter, “antisemitism” means 3 the definition adopted on May 26, 2016, by the international 4 holocaust remembrance alliance: 5 A certain perception of Jews, which may be expressed as 6 hatred toward Jews. Rhetorical and physical manifestations 7 of antisemitism are directed toward Jewish or non-Jewish 8 individuals and/or their property, toward Jewish community 9 institutions and religious facilities. 10 2. “Antisemitism” includes the contemporary examples of 11 antisemitism accompanying such definition. “Antisemitism” does 12 not include criticism of Israel similar to that leveled against 13 any other country. 14 Sec. 3. NEW SECTION . 216F.3 Determination of discriminatory 15 acts —— consideration of antisemitism. 16 In reviewing, investigating, or deciding whether there 17 has been a violation of any law, rule, or policy prohibiting 18 discriminatory acts, a governmental entity shall take into 19 consideration the definition of antisemitism set forth in this 20 chapter for purposes of determining whether an alleged act was 21 motivated by discriminatory antisemitic intent. 22 Sec. 4. NEW SECTION . 216F.4 Rules of construction. 23 This chapter shall not be construed to diminish or infringe 24 upon any right protected under the Constitution of the State of 25 Iowa or the first amendment to the Constitution of the United 26 States. This chapter shall not be construed to conflict with 27 local, state, or federal discrimination laws. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill requires a governmental entity reviewing, 32 investigating, or deciding whether there has been a violation 33 of any law, rule, or policy prohibiting discriminatory acts 34 to take into consideration the definition of antisemitism 35 -2- LSB 5647HV (2) 88 je/jh 2/ 3

H.F. 2504 set forth in the bill for purposes of determining whether an 1 alleged act was motivated by discriminatory antisemitic intent. 2 The bill defines “antisemitism” as the definition adopted 3 on May 26, 2016, by the international holocaust remembrance 4 alliance (“IHRA”), including the contemporary examples of 5 antisemitism accompanying such definition. “Antisemitism” 6 does not include criticism of Israel similar to that leveled 7 against any other country. The IHRA definition provides: 8 “Antisemitism is a certain perception of Jews, which may be 9 expressed as hatred toward Jews. Rhetorical and physical 10 manifestations of antisemitism are directed toward Jewish or 11 non-Jewish individuals and/or their property, toward Jewish 12 community institutions and religious facilities”. The IHRA 13 definition includes 11 contemporary examples of antisemitism, 14 including calling for, aiding, or justifying the killing 15 or harming of Jews in the name of a radical ideology or an 16 extremist view of religion. 17 The bill shall not be construed to diminish or infringe upon 18 any right protected under the Constitution of the State of Iowa 19 or the first amendment to the Constitution of the United States 20 and shall not be construed to conflict with local, state, or 21 federal discrimination laws. 22 -3- LSB 5647HV (2) 88 je/jh 3/ 3