Senators keep IHRA definition in proposed antisemitism measure, adopt amendments and reject Jerusalem Declaration
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Summary
Nebraska senators adopted floor changes to LB538 — retaining the IHRA working definition of antisemitism, stripping an investigator/reporting requirement, and removing students from a mandatory training mandate — rejected an alternative Jerusalem Declaration amendment and later passed the bill over for further action; workplace conduct allegations between senators surfaced during the debate.
Senators on the Nebraska Legislature’s floor on Friday adopted several amendments to LB538, a bill to define and address antisemitism in schools and public institutions, while rejecting an alternative definitional proposal and exposing an allegation of inappropriate conduct between members.
Sponsor Senator Hardin persuaded colleagues to remove an investigator/reporting subsection that had generated a fiscal note and to retain the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism as the statutory core. The body adopted a package of floor amendments that, in aggregate, removed the investigation-and-reporting requirement, limited mandatory training to employees rather than students, and eliminated what the sponsor described as language that had produced an estimated fiscal exposure.
Why it matters: The choice of definition affects how schools and agencies will interpret complaints and complaints-handling procedures, and opponents warned that some formulations could chill protected political speech. Supporters said a clear statutory definition would improve protections for Jewish Nebraskans and create enforceable expectations for schools.
Senator Hardin, defending the package, said proponents were responding to institutions’ concerns about cost and implementation and that the body should enshrine the IHRA working definition. He also argued the fiscal exposure tied to a coordinator position was avoidable: “The fiscal note will be null and void,” he said after describing amendments that strike the relevant subsections and technical language.
An alternative amendment offered by Senator Hunt would have substituted the Jerusalem Declaration on Antisemitism (JDA) for the IHRA examples. Hunt said the JDA more clearly separates political criticism of Israel from antisemitism and therefore better protects free expression. She read from the JDA on the floor and urged colleagues to consider whether it provides a workable, less legally risky approach. The Senate rejected that amendment on a roll-call vote, 8 ayes to 26 nays.
Key votes and motions: FAA9 55 (striking the coordinator investigation/reporting subsection) was adopted (voice vote reported as 35 ayes, no nays). AM2009 (the Hunt/JDA amendment) failed on a roll call, 8–26. AM1972 (the sponsor’s amendment, which incorporates university-requested changes and limits reporting) was adopted (voice vote reported 34 ayes, 3 nays). FA9 57 (removing students from the mandatory training requirement) was adopted (39–0). FA9 60 (technical/fiscal language to kill remaining fiscal triggers) was adopted on roll call (report 32–1).
Debate and legal concerns: Opponents raised First Amendment concerns and cited a 2024 federal district court ruling (Students for Justice in Palestine v. Abbott) that held incorporation of a similar definition could constitute viewpoint discrimination; Senator Conrad asked that decision be included in the record as relevant precedent. Proponents pointed to executive actions and widespread institutional use of IHRA examples as a practical enforcement tool.
Workplace conduct allegation: The floor debate was interrupted by a separate but related confrontation. Senator Hunt told colleagues she had been told by the bill’s sponsor that she was “a nonstarter” for raising a definition authored elsewhere and that he said, “when you bring the thunder, you gotta get ready to get really wet.” Hunt described the remark as inappropriate and urged the body to address workplace harassment. Senator Mikaela Kavanaugh said the executive committee has a responsibility to open an investigation; she asked that the bill be passed over and reintroduced under a different sponsor if necessary. The Senate agreed to pass over LB538 for later consideration; no formal disciplinary finding or investigation was announced on the floor.
What happened next: After adopting several amendments, the body passed over LB538 (and LB538A) by agreement of the sponsor and the Speaker and moved on to other business. The record shows the package of adopted floor amendments remains part of the bill text as reported. The Legislature adjourned and is scheduled to reconvene on the date set by the body.
Votes and actions are reported in the journal and on the record; the bill was not finally enacted or defeated on the floor during this session and was passed over for later consideration.
