Assembly Bill A2139A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2139--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced  by M. of A. BERGER, LAVINE, STERN, WEPRIN, DINOWITZ, SAYEGH,
   KAY,  HEVESI,  YEGER,  EICHENSTEIN,  ROZIC,  PAULIN,  GLICK,   WIEDER,
   PHEFFER AMATO,  SLATER, SHIMSKY, WOERNER, McMAHON, CONRAD -- read once
   and referred to the Committee on Governmental Operations --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  civil  rights  law, in relation to enacting the
   "Honoring Our Pledge to Eliminate Antisemitism (HOPE) act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "Honoring
 Our Pledge to Eliminate Antisemitism (HOPE) act".
   § 2. Legislative intent. It is the intent of the legislature to ensure
 that individuals of  Jewish  faith,  heritage,  or  identity  are  fully
 protected from discrimination. This act is not intended to infringe upon
 the First Amendment rights guaranteed by the United States Constitution,
 nor  the  free speech protections afforded under the Constitution of the
 state of New York.
   § 3. The civil rights law is amended by adding a new section  79-r  to
 read as follows:
   § 79-R. ADOPTION  OF  THE INTERNATIONAL HOLOCAUST REMEMBRANCE ALLIANCE
 DEFINITION OF ANTISEMITISM. 1.  AS USED IN THIS SECTION,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ANTISEMITISM" SHALL HAVE THE SAME MEANING AS PROVIDED FOR IN THE
 WORKING DEFINITION OF ANTISEMITISM ADOPTED BY  THE  INTERNATIONAL  HOLO-
 CAUST  REMEMBRANCE  ALLIANCE  (IHRA)  ON  MAY TWENTY-SIXTH, TWO THOUSAND
 SIXTEEN, AND SHALL INCLUDE THE CONTEMPORARY EXAMPLES OF ANTISEMITISM SET
 FORTH THEREIN.
   (B) "STATE AGENCY" SHALL MEAN ANY OFFICE, DEPARTMENT,  BOARD,  COMMIS-
 SION, BUREAU, DIVISION, PUBLIC CORPORATION, AGENCY OR INSTRUMENTALITY OF
 THE STATE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01172-03-5
              

 A. 2139--A                          2
 
   2.  IN  REVIEWING, INVESTIGATING, OR DECIDING WHETHER THERE HAS BEEN A
 VIOLATION OF ANY RULE OR POLICY PROHIBITING DISCRIMINATORY ACTS, A STATE
 AGENCY SHALL TAKE INTO CONSIDERATION THE DEFINITION OF  ANTISEMITISM  AS
 SET FORTH IN THIS SECTION FOR PURPOSES OF DETERMINING WHETHER AN ALLEGED
 ACT  WAS  MOTIVATED  BY DISCRIMINATORY ANTISEMITIC INTENT, INCLUDING BUT
 NOT LIMITED TO CLAIMS BROUGHT PURSUANT TO ARTICLE FIFTEEN OF THE  EXECU-
 TIVE LAW.
   3. A STATE AGENCY SHALL APPLY THE SAME LEGAL STANDARD AS APPLICABLE TO
 LIKE  CLAIMS OF DISCRIMINATION ARISING UNDER LAWS OF THIS STATE, INCLUD-
 ING ARTICLE FIFTEEN OF THE EXECUTIVE LAW.
   4. FOR THE PURPOSES OF TRAINING OF STATE PERSONNEL RELATED TO DISCRIM-
 INATION AND ANTI-BIAS TRAINING, THE DEFINITION OF ANTISEMITISM DESCRIBED
 IN THIS SECTION SHALL BE USED AS  AN  EDUCATIONAL  TOOL  TO  FAMILIARIZE
 STAFF AND OFFICIALS WITH ANTISEMITISM.
   § 4. This act shall take effect immediately.