An Act to clarify antisemitism as an unfair or discriminatory practice.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 20-13 be amended with a NEW SECTION:

It is a violation of this chapter if any adverse or unequal treatment prohibited by this chapter is antisemitic.

In reviewing, investigating, or deciding whether an alleged violation of this chapter is antisemitic, the Division of Human Rights must consider the definition of antisemitism. For the purposes of this chapter, the term "antisemitism" means a certain perception of Jews that may be expressed as hatred toward Jews, including rhetorical and physical acts of antisemitism directed toward Jewish or non-Jewish individuals or their property, or toward Jewish community institutions and religious facilities.

Nothing in this section may be construed to diminish or infringe upon any protected right under U.S. Const., amend. I or S.D. Const., Art. VI, § 5, or to conflict with any federal, state, or local discrimination law.