2025 - 2026 LEGISLATURE
LRBs0420/1
MPG:wlj
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 446
February 17, 2026 - Offered by Representative Tusler.
AB446-ASA1,1,4
1An Act to create 20.932 of the statutes; relating to: consideration of a certain
2definition of antisemitism for purposes of laws, ordinances, policies, or
3criminal penalty enhancers concerning discrimination based on race, religion,
4color, or national origin. Analysis by the Legislative Reference Bureau
This bill provides that each state agency or other body in state government, each local governmental unit, and each employee or official of the state or a local governmental unit must consider the definition of antisemitism adopted by the International Holocaust Remembrance Alliance on May 26, 2016, including its examples, when evaluating evidence of discriminatory intent for any law, ordinance, or policy in Wisconsin that prohibits discrimination based on race, religion, color, or national origin or that provides for enhanced criminal penalties for criminal offenses when the defendant intentionally selects the victim or group of victims or selects the property that is damaged or otherwise affected by the crime because of the victim’s or group of victims’ actual or perceived race, religion, color, or national origin. The bill specifies that nothing in the bill may be construed to diminish or infringe upon any right protected under the first amendment to the U.S. Constitution, to conflict with federal or state antidiscrimination laws, or to create an additional civil or criminal penalty, including for activity protected under the first amendment to the U.S. Constitution at any public school in Wisconsin or at any University of Wisconsin System institution or technical college.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB446-ASA1,1
1Section 1. 20.932 of the statutes is created to read: AB446-ASA1,2,3220.932 Discrimination based on antisemitism. (1) Definitions. In this 3section: AB446-ASA1,2,74(a) “Local governmental unit” means a political subdivision, a special purpose 5district, an agency or corporation of a political subdivision or special purpose 6district, a school district, or a combination or subunit of any of the foregoing, in this 7state. AB446-ASA1,2,88(b) “Political subdivision” means a city, village, town, or county. AB446-ASA1,2,119(c) “State agency” means an association, authority, board, department, 10commission, independent agency, institution, office, society, or other body in state 11government created or authorized to be created by the constitution or any law. AB446-ASA1,3,212(2) Consideration of definition of antisemitism. Each state agency and 13local governmental unit and each employee or official of this state or of a local 14governmental unit shall consider the definition of antisemitism adopted by the 15International Holocaust Remembrance Alliance on May 26, 2016, including its 16examples, when evaluating evidence of discriminatory intent for any law, 17ordinance, or policy in this state that prohibits discrimination based on race, 18religion, color, or national origin or that provides for enhanced criminal penalties 19for criminal offenses when the defendant intentionally selects the victim or group of 20victims or selects the property that is damaged or otherwise affected by the crime
1because of the victim’s or group of victims’ actual or perceived race, religion, color, 2or national origin. AB446-ASA1,3,53(3) Constructions. (a) Nothing in this section may be construed to diminish 4or infringe upon any right protected under the first amendment to the U.S. 5Constitution or to conflict with federal or state antidiscrimination laws. AB446-ASA1,3,96(b) Nothing in this section may be construed to create any additional civil or 7criminal penalty, including for activity protected under the first amendment to the 8U.S. Constitution at any public school in this state or at any University of Wisconsin 9System institution or technical college.
