PRINTER'S NO. 2588
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2023
Session of
2024
INTRODUCED BY RYNCAVAGE, PICKETT, OWLETT, STAATS, D'ORSIE,
GILLEN, MENTZER, STENDER, JOZWIAK, KAUFFMAN, GLEIM,
OBERLANDER, JAMES AND HAMM, FEBRUARY 9, 2024
REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 9, 2024
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 for free exercise of
religion protected.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "substantially burden" in
section 3 of the act of December 9, 2002 (P.L.1701, No.214),
known as the Religious Freedom Protection Act, is amended and
the section 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:
"Adverse action." The application of a civil or criminal
penalty or the imposition of an administrative sanction.
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"Substantially burden." An agency action which does any of
the following:
(1) Significantly constrains or inhibits conduct or
expression mandated by a person's sincerely held religious
beliefs.
(2) Significantly curtails a person's ability to express
adherence to the person's religious faith.
(3) Denies a person a reasonable opportunity to engage
in activities which are fundamental to the person's religion.
(4) Compels conduct or expression which violates a
specific tenet of a person's religious faith.
(5) Prevents a person from physically assembling or
gathering in order to engage in the free exercise of
religion, including preventing a person from traveling for
the purpose of physically assembling or gathering in order to
engage in the free exercise of religion.
(6) Authorizes any adverse action against a person for
the person's free exercise of religion.
Section 2. Section 4 of the act is amended by adding a
subsection to read:
Section 4. Free exercise of religion protected.
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(c) Limitation on exception.--No order issued pursuant to
the authority granted under section 20 of Article IV of the
Constitution of Pennsylvania, 35 Pa.C.S. ยง 7301 (relating to
general authority of Governor) or a control measure taken under
the act of April 23, 1956 (1955 P.L.1510, No.500), known as the
Disease Prevention and Control Law of 1955, may be used by an
agency for the purposes of an exception under subsection (b).
Section 3. This act shall take effect in 60 days.
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