BUT STAYING NOW IN STATE GOVERNMENT AND SPECIFICALLY THE STATE LEGISLATURE.

WE TOLD YOU HOW OUR STATE GOVERNMENT WORKS AND IF YOU'RE A REGULAR VIEWER, YOU PROBABLY ALREADY KNEW ANYWAY, BUT WHAT YOU MIGHT NOT KNOW IS HOW THE STATE LEGISLATURE OPERATES WHEN THINGS COME DOWN TO THE WIRE.

IT'S NOT UNCOMMON FOR BIG, CONTROVERSIAL BILLS LIKE THE STATE BUDGET TO BE PASSED IN THE MIDDLE OF THE NIGHT, LIKE 2:00 OR 3:00 A.M., AND THE LEGISLATIVE RULE TO SPEED UP THE LEGISLATIVE PROCESS IN AN EMERGENCY CALLED A MESSAGE OF NECESSITY IS OFTEN USED CASUALLY, WITHOUT A CLEAR REASON.

FOR SOME, THOSE ARE WAYS TO MAKE THE LEGISLATIVE PROCESS MORE EFFICIENT, BUT OTHERS SAY IT REDUCES TRANSPARENCY IN STATE GOVERNMENT.

THAT INCLUDES STATE SENATOR JIM TEDISCO WHO SPONSORS A BILL AIMED AT THAT.

WE SPOKE THIS WEEK ABOUT THE BILL AND HOW IT COULD CHANGE THINGS AT THE STATE CAPITOL.

SENATORTY DISCO, THANK YOU FOR BEING HERE.

I APPRECIATE IT.

MY PLEASURE.

IT'S GOOD TO GET OUT OF THE RAIN A LITTLE BIT.

[LAUGHTER] WE'RE LOOKING FOR SOME DRIER DAYS HERE.

WE'RE PRAYING FOR SOME SUN, A LITTLE LESS HUMIDITY.

EXACTLY.

HOPEFULLY WE'LL GET THERE .

I HOPE SO.

SO THIS BILL IS A PRETTY SIMPLE BILL.

THE INTERESTING THING ABOUT THIS BILL THAT WE'RE TALKING ABOUT IS I THINK WHAT'S INSIDE OF THE BILL AND THE INTENT OF THE BILL ARE THINGS THAT THE PUBLIC HAS NO IDEA ABOUT BECAUSE THE BILL IS KIND OF TARGETED TOWARDS THINGS THAT THE PUBLIC DOESN'T KNOW ANYTHING ABOUT.

I WANT TO GO OVER THE FIRST PART FIRST, WHICH IS SOMETHING CALLED MESSAGES OF NECESSITY.

THESE ARE USED WHEN A BILL IS INTRODUCED AND USUALLY A BILL TO HAVE TO AGE THREE DAYS IN THE LEGISLATURE.

RIGHT.

THE GOVERNOR CAN ISSUE A MESSAGE OF NECESSITY THAT JUST BYPASSES THAT AT ALL.

SO SOMEBODY COULD INTRODUCE A BILL AND TEN MINUTES LATER, YOU COULD VOTE ON IT AND PASS IT.

WHAT THIS BILL WOULD DO WOULD REQUIRE LAWMAKERS TO HAVE TWO-THIRDS MAJORITY IN EACH CHAMBER TO ACCEPT THAT MESSAGE OF NECESSITY AND MOVE FORWARD WITH THE BILL.

SO TALK TO ME ABOUT THAT.

WHY DO YOU THINK THAT IS THE RIGHT WAY TO GO?

WHY SHOULD IT BE TWO-THIRDS OF PEOPLE AND NOT JUST AN AUTOMATIC THING FROM THE GOVERNOR?

WELL, THE BILL, ITSELF, IS CALLED THE NEW YORK STATE BUDGET TRANSPARENCY.

YES.

YOU KNOW, WE'RE NOT ONLY PUBLIC SERVANTS AND SENATORS AND ASSEMBLY PEOPLE.

WE'RE REPRESENTATIVES AND THE REAL PURPOSE OF IT IS TRANSPARENCY.

YEAH.

YOU KNOW, SOMEONE ONCE SAID IN DARKNESS, DEMOCRACY DIES, HAD A LITTLE BIT TO DO WITH THE WATERGATE ISSUE.

THAT'S A FACT AND THAT'S A TRUISM.

BUT IN THIS CASE, YOU'RE RIGHT.

THE CONSTITUTION AND OUR FOUNDERS WERE VERY SMART.

THEY SAID IF YOU'RE A REPRESENTATIVE, YOU'VE GOT TO HAVE A BILL ON YOUR DESK AND YOU'VE GOT TO BE ABLE TO READ IT.

RIGHT.

AT LEAST THREE DAYS TO GIVE US THE OPPORTUNITY TO READ IT, BUT THEY ALSO SAID YOU MAY NEED A MESSAGE OF NECESSITY.

NOW, WHAT IS A NECESSITY?

IT'S AN EMERGENCY.

99 % OF THE TIME THEY NEVER USE IT AS AN EMERGENCY.

RIGHT.

THEY USE IT AS A MESSAGE OF CONVENIENCE NOT TO HAVE TO ANSWER TO OURSELVES, WHO ARE THE REPRESENTATIVES WHO SHOULD INTERACT WITH THE PUBLIC TO GET THEIR INPUT SO WE CAN INTERACT WITH THE MEDIA, LIKE YOURSELF AND OTHERS, WHO CAN REPORT ON IT.

RIGHT AND TELL US WHICH DIRECTION IT'S GOING AND WHAT WE SHOULD DEBATE AND THE QUESTIONS WE SHOULD ASK.

MY BILL TRIES TO TAKE CARE OF THOSE TWO AREAS AND REALLY PROVIDE A REPRESENTATIVE DEMOCRACY APPROACH WHERE PEOPLE, NOT SENATORS OR ASSEMBLY PEOPLE AND GOVERNORS, ARE THE MOST IMPORTANT PART OF THIS GOVERNMENT.

YOU'VE BEEN IN THE LEGISLATURE FOR 40 YEARS NOW, FIRST IN THE ASSEMBLY FOR A LONG TIME AND NOW YOU'RE IN THE STATE SENATE.

HOW HAVE YOU SEEN THIS EVOLVE OVER TIME?

HAS IT ALWAYS BEEN THIS WAY SINCE YOU'RE BEEN HERE?

THAT THEY USED MESSAGES OF NECESSITY PRETTY LIBERALLY?

I JUST PASSED A BILL, V.I.P., VETERANS INTERNSHIP PROGRAM.

IT TOOK ME TEN YEARS TO GET THAT BILL TO THE FLOOR AND I FINALLY PASSED IT THIS YEAR.

BELIEVE IT OR NOT, I'VE HAD THIS BILL FOR 12 YEARS, OKAY.

AND FOR 12 YEARS, IN MANY CASES, BOTH SIDES OF THE AISLE HAVE USED MESSAGES OF NECESSITY.

DEMOCRATS WOULD BLAME REPUBLICANS FOR LATE BUDGETS, REPUBLICANS WOULD BLAME DEMOCRATS N THIS CASE NOW, TRULY, THERE'S ONLY ONE GROUP TO BLAME BECAUSE THERE'S ONLY ONE VOICE FROM ONE POLITICAL AFFILIATION FROM ONE REGION OF THE STATE.

RIGHT.

SUPERMAJORITY IN THE SENATE, SUPER MAJORITY IN THE ASSEMBLY AND A DEMOCRATIC GOVERNOR WHOSE MAYBE A LITTLE BIT MORE MODERATE BUT STILL VERY PROGRESSIVE BECAUSE THEY'RE TURNING HER IN THAT DIRECTION.

SO THIS HAS BEEN AN OLD CHEST-UP.

THIS YEAR, I THINK WE MADE SOME HEADWAY.

THE OTHER PART OF THIS WHOLE THING, WHEN I SAID IN DARKNESS DEMOCRACY DIES, BESIDES THIS MESSAGE OF NECESSITY, WHERE THEY GIVE US AN HOUR AND A HALF, AND SAY HERE'S A 200-PAGE BUDGET DOCUMENT AND BY THE WAY, IT'S NOT ONLY FOR THE BUDGET BILLS, THEMSELVES, IT'S FOR EXTENDERS.

THEY KNOW, THREE, FOUR DAYS IN ADVANCE.

THEY KNOW A WEEK IN ADVANCE.

THEY WON'T GIVE IT TO US AN HOUR AND A HALF BEFORE SO WE CAN READ IT.

YOU ONLY USE MESSAGE OF NECESSITY WHEN IT IS A NECESSITY BECAUSE IT'S SUPPOSED TO BE FOR AN EMERGENCY LIKE A TERRORIST ATTACK, A FINANCIAL DISASTER, AN IMPENDING STORM, MAYBE A PANDEMIC.

YEAH.

YOU MIGHT HAVE WANTED TO USE IT BACK WHEN THE PANDEMIC WAS TAKING PLACE BUT NOT FOR THE CONVENIENCE OF NOT HAVING TO ANSWER QUESTIONS.

SO YEAH.

IT'S BEEN A LONG HAUL.

WE'VE TALKED ABOUT IT A LOT IN THE PAST.

BUT THIS YEAR, WE PUT SO MUCH PRESSURE ON THEM, THEY DID MOST OF THE WORK BETWEEN 8:00 A.M. AND 12:00, BUT THEY STILL USE THAT MESSAGE OF NECESSITY, REALLY AS A MESSAGE OF CONVENIENCE, THAT'S A SLAP IN THE FACE TO OUR CONSTITUENTS AND TO ALL THE RANK AND FILE MEMBERS AS WELL.

OF COURSE, WHEN I SAY RANK AND FILE, THE MAJORITIES HAVE THE BILL WAY IN ADVANCE OF US.

YES.

WE'RE THE ONES WHO HAVE TO CATCH UP.

AND THAT'S AN AFFRONT, I THINK, TO THE PEOPLE WHO I SAID ARE MOST IMPORTANT IN THIS REPRESENTATIVE DEMOCRACY, AND THAT'S ARE THE CONSTITUENTS, THE VOTERS AND THE PEOPLE WE REPRESENT, THE TAXPAYERS.

RIGHT.

THE MAJORITIES, AS YOU MENTIONED, HAVE A KIND OF ONGOING CONVERSATION WITHIN THEIR CONFERENCES ABOUT HOW THE LEGISLATION IS DEVELOPING.

BY THE TIME THEY GET TO IT AND HAVE A DEAL, THEY KIND OF HAVE AN UNDERSTANDING OF WHERE IT'S HEADED OR WHAT'S GOING TO BE IN IT.

THE MINORITIES DON'T GET ANYTHING UNLESS THEY'RE LEAKED SOMETHING BY ANOTHER MEMBER OR THE MEDIA UNCOVERS IT.

THAT BEING SAID THIS IS UP IS A COMMON PRACTICE IN ALBANY TO, AS YOU SAID, I THINK INTENTIONALLY A LOT OF THE TIME DOES SHADOW WHAT'S HAPPENING AT THE CAPITOL.

THE MAJORITIES ARE SO ENTRENCHED IN THIS.

I THINK WHEN REPUBLICANS WERE IN THE MAJORITY, AS YOU SAID, THEY USED THIS, TOO.

DEMOCRATS DID, TOO.

THIS BILL, I SHOULD MENTION, IS A BIPARTISAN BILL.

YES.

IT'S NOT BEING JUST LED BY ONE PARTY.

HOW DO YOU CONVINCE EVERYBODY ELSE WHO IS SO USED TO THIS SYSTEM TO COME OVER TO YOUR SIDE AND SEE THAT YOU CAN WORK IN A DIFFERENT WAY TO BENEFIT CONSTITUENTS?

YEAH.

WELL, AS I SAID, MOST IMPORTANT BUT ALSO THE MOST POWERFUL INDIVIDUALS IN THIS REPRESENTATIVE DEMOCRACY ARE NOT SENATORS, ASSEMBLY MEN AND GOVERNORS.

THEY'RE THE PUBLIC.

I'M IN THE MINORITY.

MY COLLEAGUES IN THE ASSEMBLY ARE IN THE MINORITY.

ALL THREE PARTS OF GOVERNMENT ARE CONTROLLED BY ONE BODY, AND BY THE WAY, FIRST TIME IN 40 YEARS THAT'S THE CASE.

YEAH.

THAT THEY'VE CONTROLLED THIS AND THEY REALLY HAVE PROVEN, DAN, THEY CAN'T DO A BUDGET IN A TIMELY FASHION BECAUSE THE LATEST BUDGET IN THE LAST 10 YEARS, 30 DAYS LATE.

I THINK WE HAVE TO DO OUR BEST TO HARNESS THE PUBLIC AND SAY YOU HAVE TO PUT THE PRESSURE ON THEM TO HELP US GET THE MESSAGE THAT YOU WANT SOME TRANSPARENCY.

YOU WANT YOUR ELECTED OFFICIALS NOT ONLY TO BE SENATORS, NOT ONLY TO BE PUBLIC SERVANTS AND ASSEMBLY PEOPLE, YOU WANT THEM TO BE REPRESENTATIVES.

AND A REPRESENTATIVE CAN ONLY DO THAT IF THEY CAN TELL THEM WHAT'S HAPPENING AT THE CAPITOL AND GET THEIR INPUT AND FIND THE DIRECTION THEY WANT THEIR STATE TO BE TAKING IT.

THAT'S NOT HAPPENING RIGHT NOW.

SO THE SECOND PART OF THE BILL WOULD DEAL WITH WHEN YOU WORK.

AS YOU MENTIONED BEFORE, YOU WANT TO WORK OR SHOULD WORK FROM 8:00 A.M. TO 12:00 A.M., TO MIDNIGHT.

YEAH.

THIS BILL WOULD SAY THE LEGISLATURE CAN'T PASS A BILL BETWEEN MIDNIGHT AND 8:00 A.M.

UNLESS, AGAIN, THERE'S A TWO-THIRDS MAJORITY OF MEMBERS WHO WANT TO DO THAT, WHEN THERE IS AN ACTUAL EMERGENCY AT 3:00 A.M RIGHT.

THE TIMING ELEMENT IS INTERESTING TO ME.

WHY JUST 12:00 A.M. TO 8:00 A.M.?

WHY NOT SAY YOU HAVE TO PASS BILLS BETWEEN 9:00 A.M. TO 5:00 P.M.?

WELL, WE WANT TO GIVE A REASONABLE AMOUNT OF TIME.

BECAUSE WE DON'T WANT TO RUSH THE DEBATE.

RIGHT.

THAT'S ANOTHER PART OF TRANSPARENCY BECAUSE THEY WOULD LOVE TO LIMIT THE DEBATE ON SOME ISSUES THAT ARE CONTROVERSIAL.

THAT'S A PART OF THIS WHOLE THING.

THAT TWO-THIRDS VOTE IS GIVING THEM A WAY TO REALLY HAVE A MESSAGE OF NECESSITY.

IF WE SAID YOU COULDN'T DO A TWO-THIRDS VOTE TO OVERRIDE THE MESSAGE OF NECESSITY WHEN IT REALLY IS A TERRORIST ATTACK OR SOMETHING LIKE THAT, THAT WOULD KIND OF BE PROBLEMATIC.

SOMETIMES THERE ARE REAL ISSUES, VERY RARELY BUT I THINK ON OCCASION, LIKE WE TALKED ABOUT THE PANDEMIC.

YEAH.

I THINK YOU NEED THAT DEBATABLE TIME.

SOMETIMES WE'LL GO-- WE EACH GET TWO YOUR HOES OF DEBATE.

IF MY 21 MEMBERS TOOK TWO HOURS, OF COURSE, THAT WOULD GO WAY PAST THE 8:00 A.M. TO 12:00.

I THINK IT'S REASONABLE TO DO THAT.

WE WANT TO GIVE A REASONABLE PROPOSAL ESPECIALLY WHEN WE KNOW THEY HAVE A SUPERMAJORITY AND WE WOULD HAVE TO BRING THEM KICKING AND SCREAMING.

I THINK HOCHUL BROUGHT THEM KICKING AND SCREAMS TO MAKE SOME TYPE OF REFORMS WITH THE CASH BAIL THING, BUT SHE DIDN'T GO TO THE PLACE WHERE I THINK MAKES IT PLAUSIBLE TO HAVE SAFETY LIKE 49 OTHER STATES HAVE TO PUT IN PLACE, THE JUDGE HAVING DISCRETION TO CONSIDER DANGER TO A CERTAIN EXTENT.

BUT YEAH.

I THINK 8:00 A.M. TO 12:00 IS REASONABLE.

IT ALLOWS US TO DEBATE.

BUT IT WON'T BE IN THE MIDDLE OF THE NIGHT.

THE MEDIA CAN FOLLOW THROUGH AND GET A REPORT THE NEXT DAY OR THE DAY AFTER, AND WE CAN GET BACK TO THE PUBLIC, OUR CONSTITUENTS, WHICH AS I SAID, THEY'RE THE MOST IMPORTANT PART OF THIS REPRESENTATIVE DEMOCRACY.

YEAH.

YOU KNOW, THE SYSTEM IS PLACE RIGHT NOW IS REALLY DESIGNED IN WAYS, AS WE'VE MENTIONED, TO NOT BE VERY TRANSPARENT AND SOMETIMES SLIP THINGS UNDER THE COVER OF DARKNESS, IF YOU WILL.

IT'S A STRATEGY THAT I NEVER QUITE UNDERSTOOD BECAUSE AS A REPORTER HAVING TO WATCH A DEBATE AT 2:00 A.M., I'M REALLY NOT GETTING THE INFORMATION THAT'S THERE UNLESS I'VE HAD EIGHT HOURS OF SLEEP BEFOREHAND.

NO.

FOR US AS JOURNALISTS, TOO, IT'S TOUGH TO KIND OF HAVE TO TUNE IN AT 2:00 O' 3:00 A.M. AND DECIPHER WHAT YOU GUYS ARE TALKING ABOUT BECAUSE IT MIGHT BE PART OF THE BUDGET THAT I KNOW NOTHING ABOUT.

THIS IS JUST SOMETHING I THOUGHT ABOUT IT, AND I SAID IT BEFORE.

THEY LIKE THE MEDIA, MY COLLEAGUES, BOTH SIDES OF THE AISLE.

WHY HE.

THAT'S THE WAY WE GET OUR MESSAGES ACROSS.

DURING ELECTION PERIOD, THAT'S HOW WE GET ELECTED.

WE HAVE PRESS CONFERENCES, WE TELL THEM WHAT WE'RE SUPPORTING, WHAT WE'VE WORKED ON, WHAT WE'VE DONE.

I SAY TO MY COLLEAGUES, HERE'S THE ARGUMENT I MAKE.

IF IT'S SO GOOD TO DO A BUDGET BILL, THE MOST IMPORTANT THING WE DO 2:00, 3:00, 4:00 A.M.

IN THE MORNING ON THE FLOOR WHEN THE TV CAMERA HAS US ON TV, WHY DON'T YOU HOLD YOUR PRESS CONFERENCES AT 2:00, 3:00, 4:00 A.M.

IN THE MIDDLE OF THE NIGHT?

YOU KNOW WHY?

THE MEDIA WON'T BE THERE.

THE PRESS CONFERENCE WON'T TAKE PLACE.

WHEN YOU WANT TO TALK ABOUT SOMETHING POSITIVE YOU'RE PUTTING FORWARD OR A BILL YOU WANT SUPPORT FOR OR HONOR YOU'VE RECEIVED OR SOMETHING LIKE THAT, YOU DON'T DO IT AT 3:00, 4:00 IN THE MIDDLE OF THE NIGHT, YOU DO IT AT 10:00 A.M.

IN THE MORNING, 10:30, WHEN THE READY TO REPORT IT THE FULL EXTEND OF THE DAY.

SO THAT'S AN INDICATION THAT THEY WANT SOME CONFIDENTIALITY ABOUT SOME OF THE ISSUES THAT THEY FEEL A LITTLE BIT UNCOMFORTABLE ABOUT BUT THEY WANT TO STILL SUPPORT AND GET IN PLACE.

I ASKED THEM, IF YOU WANT TO DO IT AT 4:00 A.M.

IN THE MORNING, YOU SHOULD DO YOUR PRESS CONFERENCES AT THE TIME BUT NOBODY DOES THAT RIGHT NOW, DAN.

YOU KNOW THAT.

I DO QUITE KNOW THAT.

THIS WOULD BE AN AMENDMENT TO THE STATE CONSTITUTION.

MEANING THE LEGISLATURE WOULD HAVE TO PASS IT EITHER THIS YEAR, IF YOU COME BACK OR NEXT YEAR AND THEN YOU WOULD HAVE TO PASS IT AGAIN AFTER THE NEXT ELECTION.

YEAH.

AT THE LEGISLATURE AND THEN IT WOULD GO TO VOTERS ON THE BALLOT.

WE HAD AN IN-DEPTH CONVERSATION ABOUT THIS.

IF I WAS A VOTER WATCHING THIS, GIVE ME YOUR 30-SECOND ELEVATOR PITCH.

I WOULD JUST TELL THEM YOU ARE THE MOST IMPORTANT PART OF THE OF OUR REPRESENTATIVE DEMOCRACY.

I KNOW YOU HAVE A BUSY LIFE, AND THIS IS THE PROBLEM WITH THAT.

AND WHEN YOU HAVE LACK OF TRANSPARENCY, THEY DON'T SOMETIMES EVEN KNOW THIS IS A PROCESS THAT IS NOT WORKING.

RIGHT.

THIS IS THE WORKING PROCESS THEY USE THAT'S NOT WORKING BECAUSE I THINK EVERY EXTENDER FOR A LATE BUDGET, EVERY BUDGET BILL, ITSELF, THIS YEAR WAS VOTED UPON WITH A MESSAGE OF NECESSITY.

THERE WAS NO REASON FOR THAT TO RUSH IT THROUGH TO NOT INFORM THE PUBLIC.

SO IF YOU WANT REPRESENTATIVE DEMOCRACY, CALL YOUR GOVERNOR, CALL YOUR ELECTED OFFICIAL AND TELL MY COLLEAGUES ACROSS THE STATE, ALL SIDES, SOUTH, WEST, EAST, NORTH, TELL THEIR ELECTED OFFICIALS AND THEIR CONSTITUENTS, RELATIVES, FRIENDS, PASS THIS BILL SO WE HAVE MORE TRANSPARENCY SO WE INVOLVE MORE FULLY THE MOST IMPORTANT PART OF THIS REPRESENTATIVE DEMOCRACY, AND THAT'S THE TAXPAYERS AND THE VOTERS.

THAT'S THE BEST WE CAN DO RIGHT NOW BECAUSE WE DO HAVE THAT LACK OF TRANSPARENCY AND THAT'S A KEY PART OF REPRESENTATIVE DEMOCRACY.

RIGHT.

SENATOR JIM TEDISCO, THANK YOU SO MUCH.

THANKS FOR HAVING ME, DAN.

AN IMPORTANT ISSUE.

I APPRECIATE YOU TAKING IT UP.

OF COURSE.

[ THEME MUSIC ]