Provides that individuals or organizations that disrupt public hearings will be unable to bid on public contracts for five years

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.