Pennsylvania HB 1175: An Act amending the act of December 9, 2002 (P.L.1701, No.214), known as the Religious Freedom Protection Act, further providing for definitions; and providing for land use regulation limited.

Bill Text

PRINTER'S NO. 1312
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1175
Session of
2025
INTRODUCED BY MALAGARI, HILL-EVANS, GIRAL, KHAN, SANCHEZ,
FREEMAN, OTTEN, ZIMMERMAN, CERRATO, GREEN AND CURRY,
APRIL 9, 2025
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 9, 2025
AN ACT
Amending the act of December 9, 2002 (P.L.1701, No.214),
entitled "An act protecting the free exercise of religion;
and prescribing the conditions under which government may
substantially burden a person's free exercise of religion,"
further providing for definitions; and providing for land use
regulation limited.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3 of the act of December 9, 2002
(P.L.1701, No.214), known as the Religious Freedom Protection
Act, is amended by adding a definition to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Charitable use." The use of property for the advancement of
a charitable purpose, including:
(1) the relief of poverty;
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(2) the advancement and provision of education,
including postsecondary education;
(3) the advancement of religion; and
(4) the prevention and treatment of disease or injury.
* * *
Section 2. The act is amended by adding a section to read:
Section 4.1. Land use regulation limited.
(a) Prohibition.--A municipality may not impose or implement
a land use regulation in a manner that regulates charitable uses
related to a person's free exercise of religion within the
existing buildings, facilities and capacities of a place of
regularly established public worship or essential to carrying
out the charitable uses, unless:
(1) the regulation is necessary to protect a compelling
governmental interest in the health, safety or welfare of the
community; and
(2) the protection of health, safety and welfare cannot
be achieved through less restrictive means.
(b) Defense.--Notwithstanding section 5, a person may assert
a violation of this section as a defense in a judicial or
administrative proceeding.
Section 3. This act shall take effect in 60 days.
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