Sen. Saddam Salim

Constitutional amendment (first reference); fundamental right to reproductive freedom. Provides that every individual has the fundamental right to reproductive freedom and that the right to make and effectuate one's own decisions about all matters related to one's pregnancy cannot be denied, burdened, or otherwise infringed upon by the Commonwealth, unless justified by a compelling state interest and achieved by the least restrictive means. The amendment prohibits the Commonwealth from penalizing, prosecuting, or otherwise taking adverse action against an individual for exercising the individual's right to reproductive freedom or for aiding another individual in the exercise of such right, unless justified by a compelling state interest.

State plan for medical assistance services; fertility preservation treatments; genetic material misuse; penalty. Directs the Board of Medical Assistance Services to amend the state plan for medical assistance services to include a provision for payment of medical assistance for coverage of fertility preservation for individuals diagnosed with cancer who need treatment for that cancer that may cause a substantial risk of sterility or iatrogenic infertility, as defined in the bill, including surgery, radiation, or chemotherapy. The bill also establishes that it is a Class 3 felony for a health care provider to provide assisted conception treatment to a patient and use the health care provider's own gamete without the written consent of the patient.

Constitutional amendment (first reference); marriage between two individuals; repeal of same-sex marriage prohibition; affirmative right to marry. Repeals the constitutional provision defining marriage as only a union between one man and one woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment provides that the right to marry is a fundamental right inherent in the liberty of persons and prohibits the Commonwealth and its political subdivisions from denying the issuance of a marriage license to two parties contemplating a lawful marriage on the basis of the sex, gender, or race of such parties. The Commonwealth and its political subdivisions are required to recognize any lawful marriage between two parties and to treat such marriages equally under the law, regardless of the sex, gender, or race of such parties. The amendment provides that religious organizations and clergy acting in their religious capacity have the right to refuse to perform any marriage.

Collective bargaining by firefighters and emergency medical services providers. Authorizes firefighters and emergency medical services providers employed by a political subdivision of the Commonwealth to engage in collective bargaining through labor organizations or other designated representatives. The bill provides for the appointment of a three-member board of arbitration regarding any dispute arising between an employer and firefighters or emergency medical services providers. Under the bill, determinations made by such board of arbitration are final on a disputed issue and are binding on the parties involved.

Grounds for divorce; cruelty, abuse, desertion, or abandonment; waiting period. Eliminates the one-year waiting period for a divorce to be decreed on the grounds of cruelty, reasonable apprehension of bodily hurt, or willful desertion or abandonment.

Local prohibition or regulation of gas-powered leaf blowers; civil penalty. Provides that any locality may by ordinance prohibit or regulate the use of gas-powered leaf blowers. The bill provides that the ordinance may include provisions for a civil penalty and that the funds from such civil penalties may be used by the locality to assist with the purchase of nonprohibited leaf blowers by residents and local businesses.

Department of Medical Assistance Services; Preferred Drug List/Common Core Formulary; approval of a nonpreferred drug. Directs the Department of Medical Assistance Services to eliminate the requirement that a patient try and fail a drug from the Preferred Drug List/Common Core Formulary in the six months immediately prior to approval of a nonpreferred drug when such patient has previously tried the drug from the Preferred Drug List/Common Core Formulary and experienced harmful side effects.

Department of Aging and Rehabilitative Services; Office of the Independent Living Community Ombudsman established. Establishes the Office of the Independent Living Community Ombudsman, with the purpose of receiving, recording, and responding to concerns related to independent living communities. The bill directs the Office to operate a complaint line to receive, record, and respond to such concerns.

Firearm locking device required for sale or transfer of firearm; warning against accessibility to children; penalty. Makes it a Class 3 misdemeanor for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any firearm to any person other than a licensed manufacturer, licensed importer, or licensed dealer unless the transferee is provided with a locking device for that firearm and the firearm is accompanied by a warning, in conspicuous and legible type in capital letters printed on a separate sheet of paper included within the packaging enclosing the firearm, that firearms should be locked and kept away from children and that there may be civil and criminal liability for failing to do so. The bill provides exceptions for law-enforcement and governmental agencies. This bill incorporates HB 12.

Local anti-rent gouging authority; civil penalty. Provides that any locality may by ordinance adopt anti-rent gouging provisions. The bill provides for notice and a public hearing prior to the adoption of such ordinance and specifies that all landlords who are under the ordinance may be required to give at least two months' written notice of a rent increase and cannot increase the rent by more than the locality's calculated allowance, described in the bill as the maximum amount a landlord can increase a tenant's rent during any 12-month period, in effect at the time of the increase. The bill sets such allowance as equal to the annual increase in the Consumer Price Index or seven percent, whichever is less, states that such allowance is effective for a 12-month period beginning July 1 each year, and requires the locality to publish such allowance on its website by June 1 of each year. Certain facilities, as outlined in the bill, are exempt from such ordinance. The bill also allows a locality to establish an anti-rent gouging board that will develop and implement rules and procedures by which landlords may apply for and be granted exemptions from the rent increase limits set by the ordinance. Finally, the bill provides that a locality may establish a civil penalty for failure to comply with the requirements set out in the ordinance.