HB 54 — 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 for free exercise of religion protected.

PRINTER'S NO.   44

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 54
                                               Session of
                                                 2025

     INTRODUCED BY RYNCAVAGE, HAMM, M. BROWN, M. MACKENZIE, REICHARD,
        OLSOMMER, JAMES, KAUFFMAN AND STAATS, JANUARY 14, 2025

     REFERRED TO COMMITTEE ON HEALTH, JANUARY 14, 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 for free exercise of
 6      religion protected.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    The definition of "substantially burden" in
10   section 3 of the act of December 9, 2002 (P.L.1701, No.214),
11   known as the Religious Freedom Protection Act, is amended and
12   the section is amended by adding a definition to read:
13   Section 3.   Definitions.
14      The following words and phrases when used in this act shall
15   have the meanings given to them in this section unless the
16   context clearly indicates otherwise:
17      "Adverse action."    The application of a civil or criminal
18   penalty or the imposition of an administrative sanction.
19      * * *
20      "Substantially burden."    An agency action which does any of
 1   the following:
 2            (1)   Significantly constrains or inhibits conduct or
 3      expression mandated by a person's sincerely held religious
 4      beliefs.
 5            (2)   Significantly curtails a person's ability to express
 6      adherence to the person's religious faith.
 7            (3)   Denies a person a reasonable opportunity to engage
 8      in activities which are fundamental to the person's religion.
 9            (4)   Compels conduct or expression which violates a
10      specific tenet of a person's religious faith.
11            (5)   Prevents a person from physically assembling or
12      gathering in order to engage in the free exercise of
13      religion, including preventing a person from traveling for
14      the purpose of physically assembling or gathering in order to
15      engage in the free exercise of religion.
16            (6)   Authorizes any adverse action against a person for
17      the person's free exercise of religion.
18      Section 2.     Section 4 of the act is amended by adding a
19   subsection to read:
20   Section 4.     Free exercise of religion protected.
21      * * *
22      (c)   Limitation on exception.--An agency may not use an order
23   issued in accordance with the authority granted under section 20
24   of Article IV of the Constitution of Pennsylvania, 35 Pa.C.S. §
25   7301 (relating to general authority of Governor) or a control
26   measure taken under the act of April 23, 1956 (1955 P.L.1510,
27   No.500), known as the Disease Prevention and Control Law of
28   1955, for the purposes of an exception under subsection (b).
29      Section 3.     This act shall take effect in 60 days.



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