71 Pa. Stat. § 2403

Current through P.A. Acts 2023-32
Section 2403 - 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:

"Agency." A Commonwealth agency or a non-Commonwealth agency. The term shall not include the courts of this Commonwealth or a grand jury acting pursuant to 42 Pa.C.S. § 4548 (relating to powers of investigating grand jury).

"Commonwealth agency." The Commonwealth, including the Executive Department and its boards and commissions; an independent administrative department, board and commission; or a public official thereof, acting under color of State law.

"Correctional employee." A public official, employee, agent, contractor or volunteer working for or providing services relating to a correctional facility or its inmates.

"Free exercise of religion." The practice or observance of religion under section 3 of Article I of the Constitution of Pennsylvania.

"Non-Commonwealth agency." A political subdivision, municipal authority or any other local government instrumentality authorized by law, or a public official thereof, acting under the color of State law.

"Person." An individual or a church, association of churches or other religious order, body or institution which qualifies for exemption from taxation under section 501(c)(3) or (d) of the Internal Revenue Code of 1986 ( Public Law 99-514, 26 U.S.C. § 501 ).

"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.

71 P.S. § 2403

2002, Dec. 9, P.L. 1701, No. 214, § 3, imd. effective.