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 TLSB 5647YH (3) 88 je/jh

H.F. 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 -1- LSB 5647YH (3) 88 je/jh 1/ 3

H.F. 2303 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 -2- LSB 5647YH (3) 88 je/jh 2/ 3

H.F. 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 -3- LSB 5647YH (3) 88 je/jh 3/ 3