Committee Report

April 10, 2024

 

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 04/10/24--S.

Read the first time May 04, 2023

 

________

 

The committee on Senate Judiciary

To whom was referred a Bill (H. 4042) 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, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 1-1-1710(C) and inserting:

    (C)  In reviewing, investigating, or deciding whether there has been a violation of any relevant policy, law, or regulation prohibiting discriminatory acts, the State shall 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.

 

Renumber sections to conform.

Amend title to conform.

 

LUKE RANKIN for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill establishes the statutory definition of antisemitism to include the definition adopted on May 26, 2016, by the IHRA, contemporary examples of antisemitism identified by the IHRA, and does not include criticism of Israel similar to that leveled against any country.  The bill specifies that nothing in the section may be construed to diminish or infringe upon rights protected by the First Amendment to the United States Constitution or conflict with any federal, state, or local discrimination laws. The bill further specifies that 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 for purposes of determining whether the alleged act was discriminatory.

 

Department of Administration.  This bill may result in additional requirements for Admin in its State Human Resources capacity.  Based on a previous response from Admin, we anticipate that compliance with the provisions of this bill can be managed with existing resources and will have no expenditure impact on the agency.  We will update this fiscal impact statement if Admin provides a different response.

 

Judicial.  This bill specifies that in reviewing, investigating, or deciding whether there has been a violation of any policy, law, or regulation prohibiting discriminatory acts, the State may take into consideration the definition of antisemitism for the purposes of determining whether the alleged act was motivated by antisemitic intent.  Courts or other relevant authorities must apply the same legal standard as applicable to similar claims of discrimination under State laws protecting civil rights.  Judicial indicated that this may increase circuit court caseloads, as well as the cost of training for Judicial staff.  Judicial indicated that this expenditure increase will be managed within existing appropriations.

 

Human Affairs Commission.  The expenditure impact of the bill on the SCHAC is pending, contingent upon a response from the agency.

 

State Expenditure

This bill establishes the statutory definition of antisemitism to include the definition adopted on May 26, 2016, by the IHRA, contemporary examples of antisemitism identified by the IHRA, and does not include criticism of Israel similar to that leveled against any country.  The bill states that nothing in the section may be construed to diminish or infringe upon rights protected by the First Amendment to the United States Constitution or conflict with any federal, state, or local discrimination laws.

 

Department of Administration.  This bill may result in additional requirements for Admin in its State Human Resources capacity.  Admin indicated that compliance with the provisions of this bill will be managed with existing resources and will have no expenditure impact on the agency.

 

Judicial.  This bill states that in reviewing, investigating, or deciding whether there has been a violation of any policy, law, or regulation prohibiting discriminatory acts, the State must take into consideration the definition of antisemitism for the purposes of determining whether the alleged act was motivated by antisemitic intent.  Courts or other relevant authorities must apply the same legal standard as applicable to similar claims of discrimination under State laws protecting civil rights.  Judicial indicated that this may increase circuit court caseloads, as well as the cost of training for Judicial staff.  Judicial indicated that this expenditure increase will be managed within existing appropriations.

 

Human Affairs Commission.  The expenditure impact of the bill on the SCHAC is pending, contingent upon a response from the agency.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

_______

 

 

 

 

 

 

 

 

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.

 

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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