PRINTER'S NO. 2452
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1921
Session of
2023
INTRODUCED BY MALAGARI, SANCHEZ, BOYD, HILL-EVANS, MADDEN,
CURRY, CERRATO, KHAN, ZIMMERMAN AND GREEN, DECEMBER 27, 2023
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, DECEMBER 27, 2023
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;
(2) the advancement and provision of education,
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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) General rule.--An agency 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 stated public worship, unless:
(1) the regulation is necessary to protect 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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