Stricken language would be deleted from and underlined language would be added to present law.
Act 126 of the Regular Session
1 State of Arkansas As Engrossed: S1/31/23
2 94th General Assembly A Bill
3 Regular Session, 2023 SENATE BILL 118
4
5 By: Senators J. Dotson, J. Boyd, J. Bryant, Crowell, Dees, Flippo, Gilmore, Hester, Hill, B. Johnson, M.
6 Johnson, M. McKee, C. Penzo, J. Petty, Stone, D. Wallace
7 By: Representatives McAlindon, Andrews, Beaty Jr., Breaux, M. Brown, Ennett, Haak, Hawk, Hudson,
8 Lundstrum, McClure, McCollum, S. Meeks, R. Scott Richardson, Rose, Underwood, Wardlaw
9
10 For An Act To Be Entitled
11 AN ACT TO DEFINE THE TERM "ANTISEMITISM" WHEN
12 REVIEWING, INVESTIGATING, OR DETERMINING WHETHER
13 THERE HAS BEEN A VIOLATION OF LAW OR POLICY
14 PROHIBITING DISCRIMINATORY ACTS OR PRACTICES BASED ON
15 RACE, RELIGION, ETHNICITY, OR NATIONAL ORIGIN; AND
16 FOR OTHER PURPOSES.
17
18
19 Subtitle
20 TO DEFINE THE TERM "ANTISEMITISM" WHEN
21 REVIEWING, INVESTIGATING, OR DETERMINING
22 WHETHER THERE HAS BEEN A VIOLATION OF LAW
23 OR POLICY PROHIBITING DISCRIMINATORY ACTS
24 OR PRACTICES BASED ON RACE, RELIGION,
25 ETHNICITY, OR NATIONAL ORIGIN.
26
27
28 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
29
30 SECTION 1. Arkansas Code Title 16, Chapter 123, is amended to add an
31 additional subchapter to read as follows:
32 Subchapter 5 — Antisemitism
33
34 16-123-501. Intent.
35 It is the intent of the General Assembly to adopt the definition of
36 "antisemitism" adopted on May 26, 2016, by the International Holocaust
*JMB056* 01-31-2023 08:53:58 JMB056
 As Engrossed: S1/31/23 SB118
1 Remembrance Alliance, including the accompanying examples of contemporary
2 antisemitism identified by the International Holocaust Remembrance Alliance,
3 as existing on January 1, 2023, as this definition of "antisemitism" has been
4 adopted and used by dozens of countries as well as various departments within
5 the United States Government.
6
7 16-123-502. Definitions.
8 As used in this subchapter:
9 (1)(A) "Antisemitism" means the same as defined by the
10 International Holocaust Remembrance Alliance on May 26, 2016, and includes
11 the contemporary examples of antisemitism identified by the International
12 Holocaust Remembrance Alliance, as existing on January 1, 2023.
13 (B) "Antisemitism" does not include criticism of Israel
14 that is similar to criticism against any other country;
15 (2) “Government” includes a branch, department, agency,
16 instrumentality, political subdivision, official, or other person acting
17 under color of state law; and
18 (3) “State law” includes without limitation a law or ordinance
19 of a political subdivision.
20
21 16-123-503. Construction.
22 (a) This subchapter does not diminish or infringe upon any right
23 protected under the First Amendment to the United States Constitution or the
24 Arkansas Constitution.
25 (b) This subchapter shall not be construed to conflict with federal
26 law or state law concerning discrimination.
27
28 16-123-504. Clarification of antisemitism related to discriminatory
29 acts.
30 (a) In reviewing, investigating, or determining whether there has been
31 a violation of any relevant policy, law, or rule prohibiting discriminatory
32 acts, the government shall take into consideration the definition of
33 antisemitism under § 16-123-502 for purposes of determining whether the
34 alleged act was motivated by discriminatory antisemitic intent.
35 (b) A court or other relevant authority shall apply the same legal
36 standard to a claim of discrimination because of antisemitism as applicable
2 01-31-2023 08:53:58 JMB056
 As Engrossed: S1/31/23 SB118
1 to claims of discrimination arising under state laws protecting civil rights,
2 including without limitation § 16-123-107.
3
4 SECTION 2. Arkansas Code Title 25, Chapter 1, Subchapter 1, is amended
5 to add an additional section to read as follows:
6 25-1-126. State personnel education.
7 For the purposes of educating state personnel on issues related to
8 discrimination, diversity, equity, inclusion, and antibias training, the
9 definition of antisemitism under § 16-123-502 shall be used and incorporated
10 as an educational tool to familiarize state personnel with antisemitism in
11 all of its manifestations.
12
13 /s/J. Dotson
14
15
16 APPROVED: 2/21/23
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
3 01-31-2023 08:53:58 JMB056