PRINTER'S NO. 2124
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1606
Session of
2017
INTRODUCED BY WHEELAND, D. COSTA, EVERETT AND MULLERY,
JUNE 22, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 22, 2017
AN ACT
Providing for public safety facilities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Public Safety
Facilities Act.
Section 2. 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:
"Closure." The temporary or permanent shutdown of a single
site that results in the loss or reassignment of employment and
the cessation or relocation of primary operations for any period
longer than 180 days.
"Political subdivision." A county, city, borough, town,
township or school district.
"Public entity." A Commonwealth department or commission
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that owns or maintains direction and control over the work
performed within a public safety facility.
"Public safety facility." A State-owned or State-leased
building or structure under the jurisdiction of the Pennsylvania
State Police or Department of Corrections, including a barracks
or State correctional institution, that for the previous 12
months employs 12 or more full-time individuals who are trained
to provide law enforcement, security or care, custody and
control of inmates.
Section 3. Notice of proposed closure of public safety
facilities and duties of public entities.
(a) General rule.--Except as provided under subsection (c),
at the time a closure of a public safety facility is reasonably
proposed and no later than 12 months prior to a closure, the
public entity shall provide written notice to all of the
following stakeholders:
(1) The Governor's Office.
(2) The Secretary of Corrections or the Commissioner of
the Pennsylvania State Police, whichever is not the public
entity.
(3) The chairperson of the Pennsylvania Board of
Probation and Parole.
(4) The chairperson of the Pennsylvania Commission on
Crime and Delinquency.
(5) The Secretary of Administration.
(6) The Secretary of General Services.
(7) The Secretary of Community and Economic Development.
(8) The Secretary of Labor and Industry.
(9) The Secretary of Human Services.
(10) All Federal, State and local elected officials of
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each political subdivision in which the public safety
facility is located.
(11) Representatives of each employee labor organization
that represents employees within the public safety facility.
(12) Any other department, agency, board, commission or
organization deemed necessary by the public entity or the
Governor's Office.
(b) Duties of public entity.--Except as provided under
subsection (c), after providing notice of a proposed closure to
stakeholders under subsection (a), the public entity shall:
(1) Request and analyze information from stakeholders
and any other relevant Commonwealth departments and local
entities regarding the impacts of the proposed closure of the
public safety facility on all of the following:
(i) State and local resources for the delivery of
law enforcement and care, custody and control of inmates
and the protection of public health, safety and welfare.
(ii) The work force of the public safety facility.
(iii) The State, regional and local economies and
labor markets.
(iv) The financial resources of State and local
entities.
(v) The feasibility of reusing or repurposing the
public safety facility, including recommendations to make
best use of available resources and programs.
(2) Hold at least one public hearing in the county in
which the public safety facility is located at least 120 days
prior to a final decision and announcement of a closure.
(3) Make a written report detailing the recommendations
from the stakeholders identified under subsection (a) to the
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Governor, the Majority Leader and Minority Leader of the
Senate and the Majority Leader and Minority Leader of the
House of Representatives.
(c) Exception.--A public safety facility may be closed
without complying with the provisions of subsections (a) and (b)
if:
(1) It is determined by the Governor that its full use
and occupation present an immediate threat to the life,
health or safety of a classification of inmates or employees
within the public safety facility or of the community.
(2) Written notice detailing the reasons for the closure
is provided to the Majority Leader and Minority Leader of the
Senate and the Majority Leader and Minority Leader of the
House of Representatives at the time the decision is made or
as soon as practicable thereafter.
Section 4. Closure of public safety facilities.
If, after submission of the written report required under
section 3(b)(3), a public entity elects to close a public safety
facility, the public entity must:
(1) Provide 30 days' written notice by certified mail to
all of the following:
(i) Federal, State and local elected officials of
each political subdivision in which the public safety
facility is located.
(ii) The employee labor organizations representing
employees of the public safety facility.
(iii) The managerial employees of the public safety
facility.
(2) Coordinate with Commonwealth departments, political
subdivisions and affected labor organizations to develop
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strategies that mitigate the impact of the closure on all of
the following:
(i) The delivery of law enforcement.
(ii) The care, custody and control of inmates.
(iii) The work force of the public safety facility.
(iv) The regional and local economies.
Section 5. Effective date.
This act shall take effect immediately.
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