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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Statutes/Laws affected:
Printer's No. 1312: P.L.1701, No.214