Senate Bill S6306

                                 BILL NUMBER:  S6306

 TITLE OF BILL :
An act to amend the state finance law, in relation to disqualification
from bidding on public contracts for five years for the disruption of
public hearings


 GENERAL IDEA OF BILL :

To provide disqualification from bidding on public contracts for five
years for the disruption of a public hearing.

 SUMMARY OF SPECIFIC PROVISIONS :

The State Finance Law is amended by adding a new Section 139-1, which
would insert a clause to all specifications or contracts to require
that any disruption of a public hearing would result in
disqualification from submitting bids or receiving awards or entering
into any contracts with the state for a period of five years. It
further provides that the state may also cancel or terminate an
existing contract without incurring any penalty or damages. A new
Section 139-2 defines disruption of a public hearing to mean
disorderly, contemptuous, or insolent behavior that is committed
during a public hearing, in its immediate view and presence, and
directly intending to interrupt its proceedings.
              

 JUSTIFICATION :

Public hearings are a vital and integral element of democracy. They
are designed to engage public participation in the decision making
process and to provide everyone the opportunity to ask questions and
to be heard. Public hearings are intended for the government to hear
directly from constituents, community organizations, and others on
issues of great public interest. It also has the added purpose of
informing the public of vital issues that affect them.

There has been a disturbing increase in the number of public hearings
that have been disrupted by special interest groups attempting to
shape public discourse. As a result, individual citizens and
representatives of relevant organizations have been denied the
legitimate access to being heard. Such disruptions are a subversion of
a central element of our democracy.

The need for this legislation is a direct response to citizens'
discontent and discord around the public hearing/meeting process
relating to the Atlantic Yards Arena and Redevelopment Plan in
Brooklyn, New York. The plan, among other things, includes a 19,000
seat Arena and 16 high rises which are to be built during a ten year
time period. The 22-acre site adjoins the neighborhoods of Fort
Greene, Prospect Heights, Parks Slope and Boerum Hill in Brooklyn. It
includes an 8-acre site owned by the MTA, and other properties owned
by the City and private property owners. The Plan received all of its
approvals in December 2006. The approval includes an override of the
local zoning laws; an override of a more strict NYC Environmental
Review; and taking properties by eminent domain.

This legislation will provide all interest groups the opportunity to
be heard in a neutral environment, without any interruptions. It seeks
to deter disruptions from public hearings by disqualifying interest
groups from bidding on public contracts for five years should there be
disruptions of any kind.

 PRIOR LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.