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.

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
 1   Amending the act of December 9, 2002 (P.L.1701, No.214),
 2      entitled "An act protecting the free exercise of religion;
 3      and prescribing the conditions under which government may
 4      substantially burden a person's free exercise of religion,"
 5      further providing for definitions; and providing for land use
 6      regulation limited.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    Section 3 of the act of December 9, 2002
10   (P.L.1701, No.214), known as the Religious Freedom Protection
11   Act, is amended by adding a definition to read:
12   Section 3.   Definitions.
13      The following words and phrases when used in this act shall
14   have the meanings given to them in this section unless the
15   context clearly indicates otherwise:
16      * * *
17      "Charitable use."    The use of property for the advancement of
18   a charitable purpose, including:
19          (1)   the relief of poverty;
 1            (2)   the advancement and provision of education,
 2      including postsecondary education;
 3            (3)   the advancement of religion; and
 4            (4)   the prevention and treatment of disease or injury.
 5      * * *
 6      Section 2.    The act is amended by adding a section to read:
 7   Section 4.1.    Land use regulation limited.
 8      (a)   Prohibition.--A municipality may not impose or implement
 9   a land use regulation in a manner that regulates charitable uses
10   related to a person's free exercise of religion within the
11   existing buildings, facilities and capacities of a place of
12   regularly established public worship or essential to carrying
13   out the charitable uses, unless:
14            (1)   the regulation is necessary to protect a compelling
15      governmental interest in the health, safety or welfare of the
16      community; and
17            (2)   the protection of health, safety and welfare cannot
18      be achieved through less restrictive means.
19      (b)   Defense.--Notwithstanding section 5, a person may assert
20   a violation of this section as a defense in a judicial or
21   administrative proceeding.
22      Section 3.    This act shall take effect in 60 days.




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