2023 -- S 0649

========

LC002361

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE CIVIL RIGHTS ACT OF

1990

     Introduced By: Senators E Morgan, Rogers, de la Cruz, and DeLuca

     Date Introduced: March 07, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Legislative findings.

     (1) Anti-Semitism and harassment on the basis of actual or perceived national origin,

shared ancestry, or ethnic characteristics with a religious group remains a persistent, pervasive, and

disturbing problem in contemporary American society.

     (2) The Jewish people continue to be a targeted minority in the United States. Data shows

that Jews are among the most likely of all religious groups to be victimized by incidents of hate,

and such incidents are increasing at an alarming rate.

     (3) State officials and institutions, including educational institutions, have a responsibility

to protect citizens from acts of hate and bigotry motivated by a discriminatory animus, including

anti-Semitism, and must be given the tools to do so.

     (4) Valid monitoring, informed analysis and investigation, and effective policy making all

require uniform definitions.

     (5) While there is no exhaustive definition of anti-Semitism, as it can take many forms, the

International Holocaust Remembrance Alliance's (IHRA) working definition has been an essential

tool used to determine contemporary manifestations of anti-Semitism and includes useful examples

of discriminatory anti-Israel acts that cross the line into anti-Semitism.

     (6) On May 26, 2016, the member states of the IHRA, including the United States, adopted

the non-legally binding working definition of anti-Semitism at its plenary session in Bucharest.

This definition is used by various agencies of the federal government and the other thirty-three (33)

governments that are members of the IHRA. The definition has been recommended for use by the

European Council and the Secretary General of the Organization of American States, included in

policy guides prepared by the Organization for Security and Cooperation in Europe, and formally

adopted by a growing number of European nations.

     (7) Awareness of this conduct-based definition of anti-Semitism, although it is not to be

taken as an exclusive definition, will increase understanding of the parameters of contemporary

anti-Jewish crime and discrimination in certain circumscribed areas.

     SECTION 2. Section 42-112-1 of the General Laws in Chapter 42-112 entitled "The Civil

Rights Act of 1990" is hereby amended to read as follows:

     42-112-1. Discrimination prohibited.

     (a) All persons within the state, regardless of race, color, religion, sex, disability, age, or

country of ancestral origin, have, except as is otherwise provided or permitted by law, the same

rights to make and enforce contracts, to inherit, purchase, to lease, sell, hold, and convey real and

personal property, to sue, be parties, give evidence, and to the full and equal benefit of all laws and

proceedings for the security of persons and property, and are subject to like punishment, pains,

penalties, taxes, licenses, and exactions of every kind, and to no other.

     (b) For the purposes of this section, the right to “make and enforce contracts, to inherit,

purchase, to lease, sell, hold, and convey real and personal property” includes the making,

performance, modification and termination of contracts and rights concerning real or personal

property, and the enjoyment of all benefits, terms, and conditions of the contractual and other

relationships.

     (c) Nothing contained in this chapter shall be construed to affect chapter 14.1 of title 37,

chapter 5.1 of title 28 or any other remedial programs designed to address past societal

discrimination.

     (d) For the purposes of this section, the terms “sex” and “age” have the same meaning as

those terms are defined in § 28-5-6, the state fair employment practices act. The term “disability”

has the same meaning as that term is defined in § 42-87-1, and the terms, as used regarding persons

with disabilities, “auxiliary aids and services,” “readily achievable,” “reasonable accommodation,”

“reasonable modification,” and “undue hardship” shall have the same meaning as those terms are

defined in § 42-87-1.1.

     (e) For purposes of this section, the term “definition of anti-Semitism” shall include:

     (1) The definition of anti-Semitism adopted on May 26, 2016, by the International

Holocaust Remembrance Alliance, which has been adopted by the United States Department of

LC002361 - Page 2 of 4

State;

     (2) Contemporary examples of anti-Semitism identified by the International Holocaust

Remembrance Alliance; and

     (3) Does not include criticism of Israel similar to that leveled against any other country.

     (f) 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 Article I of the Rhode Island State Constitution; or

     (2) Conflict with federal or state discrimination laws.

     (g) In reviewing, investigating, or deciding whether there has been a specific instance of

discrimination that violates a state law prohibiting discrimination or is otherwise subject to the

authority of the commission, the state, any of its agencies, or local subdivisions of state agencies,

shall take into consideration the definition of anti-Semitism for purposes of determining whether

the instance of discrimination was motivated by anti-Semitic intent.

     (h) A discriminatory act includes any harassing conduct that is so severe, pervasive, or

persistent so as to interfere with or limit the ability of the victim to participate in or benefit from

any service, activity, opportunity, or privilege.

     SECTION 3. This act shall take effect upon passage.

========

LC002361

========

LC002361 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE CIVIL RIGHTS ACT OF

1990

***

     This act would define “anti-Semitism” for the state human affairs commission to use while

investigating and working to resolve complaints of discrimination and for the commission against

prejudice and bias to use in defining hate crimes.

     This act would take effect upon passage.

========

LC002361

========

LC002361 - Page 4 of 4