Bill Summary for S 739 (2023-2024)

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Summary date: 

Apr 6 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 739 (Public) Filed Thursday, April 6, 2023
AN ACT DEFINING ANTI-SEMITISM FOR PURPOSES OF INVESTIGATING AND DETERMINING WHETHER THERE HAS BEEN A VIOLATION OF STATE LAW OR POLICY PROHIBITING DISCRIMINATORY ACTS OR PRACTICES ON THE BASIS OF RACE, ETHNICITY, NATIONAL ORIGIN, OR RELIGIOUS AFFILIATION.
Intro. by Hanig.

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Bill summary

Adds new Article 62, Anti-Semitism Defined for Criminal Investigations, in GS Chapter 14, providing as follows. Enacts GS 14-465 (pertaining to the standard for determining anti-Semitic discrimination), which requires law enforcement, a court, or other relevant authority, in determining whether a person charged with a crime was motived to commit the crime by the victim’s race, ethnic origin, or religious affiliation, to take into consideration (1) the working definition of antisemitism adopted by the International Holocaust Remembrance Alliance (IHRA) on May 26, 2016, and incorporated into federal Executive Order 13899, 84 Federal Register 68779 and (2) the "Contemporary Examples of Anti-Semitism" identified by the IHRA, to the extent that any examples might be useful as evidence of discriminatory antisemitic intent. As the act incorporates these provisions of the IHRA into other antidiscrimination provisions of State law, this summary will refer to these provisions as the “IHRA Provisions.” Effective December 1, 2023, and applies to offenses committed on or after that date.

Enacts new GS 143-422.4 (pertaining to State Equal Employment Practices), enacts new GS 41A-5.5 (pertaining to housing), amends GS 95-151 (pertaining to employment discrimination) and amends GS 99D-1 (interference with civil rights) to direct a court or other relevant authority to take into consideration the IHRA Provisions in determining whether a person alleging antisemitic bias in these matters has been illegally discriminated against on the basis of race, ethnic origin, or religious affiliation.

Amends GS 126-16.1 to require Equal Employment Opportunity training for supervisors or managers in state agencies, departments, institutions, and UNC to also include training on anti-Semitic bias as unlawful discrimination using the IHRA Provisions.

Sets forth rules of construction pertaining to free speech protections under the federal and State constitutions and federal, state, and local antidiscrimination law. Contains severability clause.

Effective October 1, 2023, and applies to claims arising on and after that date.