{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}
NOW A LETTER FROM THE CAPITAL DEVELOPMENT BOARD TO SENATOR
DURBIN STATED THAT THE PROJECT WOULD HAVE TO BE COMPETITIVELY
BID BECAUSE THEY WOULD REQUIRE IT. THEY SAID THEY CAN'T DO
THINGS THAT AREN'T COMPETITIVELY BID. WELL, THAT'S NICE THEY
PUT THAT IN THEIR LETTER, BUT THEIR LETTER IS FLATLY
CONTRADICTEDED BY THEIR STATUTE. THE STATUTE THAT GOVERNS THE
CAPITAL DEVELOPMENT BOARD HAS A CLEAR -- CLEAR -- OPT OUT SO
{19:45:36} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
THAT THE STATE CAN JUST OPT OUT OF COMPETITIVELY BIDDING THIS
PROJECT. $50 MILLION IN TAXPAYER MONEY. IT'S A LOT OF MONEY.
NOW SENATOR DURBIN, THE ONE CONCERN HE MENTIONED WAS THAT IF WE
WERE TO ATTACH THE FEDERAL COMPETITIVE BID GUIDELINES TO THIS
PROJECT IN SPRINGFIELD TO MAKE SURE IT WAS PROPERLY APPLIED,
THAT WE DIDN'T HAVE POLITICAL INFLUENCE IN THE AWARDING OF THE
MANY CONTRACTS THAT WOULD BE GIVEN OUT -- THERE'S, AFTER ALL,
$120 MILLION OF TAXPAYER MONEY WHEN YOU PUT THE STATE OF
{19:46:09} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
ILLINOIS MONEY AND THE FEDERAL MONEY AND THE CITY OF
SPRINGFIELD MONEY IN ANY PRIVATE -- AND ANY PRIVATE MONEY THAT
IS CONTRIBUTED TO THE PROJECT. THAT IS A LOT OF MONEY, $120
MILLION. YOU'D THINK YOU'D WANT CAREFUL SAFEGUARDS IN THAT LAW.
IT'S HARD FOR ME TO THINK OF ANY REASON WHY ANYBODY WOULD
OPPOSE THE STRICTEST POSSIBLE EXCEPTIONS ON HOW WE SPEND THE
TAXPAYER MONEY TO ENSURE THAT THERE IS COMPETITIVE BIDDING.
WHAT R BUT SENATOR DURBIN WONDERED HOW WOULD IT WORK?
{19:46:41} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
IF FEDERAL GUIDELINES WERE APPLIED THE STATE OF ILLINOIS
WOULDN'T KNOW HOW TO HANDLE IT. I DON'T THINK THAT'S CORRECT.
INCH, AS I POINTED OUT TO SENATOR DURBIN, IT'S VERY CLEAR THAT
THE STATE CONTEMPLATES THAT FEDERAL GUIDELINES WILL FREQUENTLY
BE ATTACHED WHEN THE FEDERAL GOVERNMENT GIVES MONEY TO THE
STATE OF ILLINOIS. YOU GET FEDERAL MONEY FROM SOMEWHERE, OR YOU
GET MONEY FROM SOMEBODY. IT'S NOT UNUSUAL THAT STRINGS ARE
ATTACHED. AND I WOULD, MR. PRESIDENT, LIKE TO NOTE THAT ARTICLE
{19:47:14} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
20 OF THE ILLINOIS PROCUREMENT CODE, SOURCE, SELECTION AND
CONTRACT FORMATION, AT 500/20-85, THEY HAVE A SECTION. THEY
CONTEMPLATED THE ATTACHMENT OF FEDERAL SPRINGS. SECTION 20-85,
FEDERAL REQUIREMENTS. A STATE AGENCY RECEIVING FEDERAL AID
FUNDS, GRANTS OR LOANS SHALL HAVE AUTHORITY TO ADOPT ITS
PROCEDURES, RULES, PROJECT STATEMENTS, DRAWINGS, MAPS, SURVEYS,
{19:47:50} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
PLANS, SPECIFICATIONS, CONTRACT TERMS, ESTIMATES, BID FORMS,
BOND FORMS AND OTHER DOCUMENTS OR PRACTICES TO COMPLY WITH THE
REGULATIONS, POLICIES AND PROCEDURES OF THE DESIGNATED
AUTHORITY, ADMINISTRATION OR DEPARTMENT OF THE UNITED STATES IN
ORDER TO REMAIN ELIGIBLE FOR SUCH FEDERAL AID FUNDS, GRANTS OR
LOAN. SO CLEARLY, MR. PRESIDENT, IF I COULD ASK LEAVE TO
INTRODUCE THIS STATUTE INTO THE RECORD, I'D ASK FOR UNANIMOUS
CONSENT TO INTRODUCE IT AT THIS POINT IN THE RECORD.
{19:48:23 NSP} (THE PRESIDING OFFICER) { NOT AN OFFICIAL TRANSCRIPT }
THE PRESIDING OFFICER: WITHOUT OBJECTION.
{19:48:26 NSP} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
MR. FITZGERALD: THANK YOU, MR. PRESIDENT. CLEARLY THE STATE OF
ILLINOIS CONTEMPLATES THAT FOR MANY GRANTS FROM THE FEDERAL
GOVERNMENT, THEY WILL HAVE TO COMPLY WITH THE FEDERAL
GOVERNMENT'S REQUIREMENTS. THAT'S NOT UNUSUAL. THE FEDERAL
GOVERNMENT HAS REQUIREMENTS FOR EDUCATION MONEY, FOR MEDICAID
MONEY AND THE LIKE. FOR THIS PROJECT, I THINK IT'S REASONABLE.
WE DON'T WANT TO UNDULY HAMPER IT. BUT FEDERAL COMPETITIVE
BIDDING. WHO WOULD OPPOSE THAT?
I DON'T THINK DEMOCRATS WOULD OPPOSE IT. I DON'T THINK
{19:48:56} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
REPUBLICANS WOULD OPPOSE IT. CERTAINLY NO DEMOCRAT, NO
REPUBLICAN IN THE UNITED STATES SENATE WISH TO GO ON RECORD
OPPOSING IT. IT'S A SIMPLE, SAFE PRECAUTION FOR THE TAXPAYERS.
AND AGAIN, MR. PRESIDENT, THIS STATUTE WHICH WE'VE TALKED ABOUT
ON AND OFF ALL DAY REALLY CONCLUSIVELY DEMOL LISHS -- DEMONTHLY
LISHS THE LETTERS BEING PUT OUT BY THE CAPITAL DEVELOPMENT
BOARD SAYING THEY MUST USE COMPETITIVE BIDDING AND THERE'S NO
WAY COMPETITIVE BIDDING WON'T BE USED. BUT LET ME REFLECT ON
THAT ARGUMENT AGAIN THAT THEY'RE SAYING THAT CLEARLY
{19:49:28} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
COMPETITIVE BIDDING WILL BE USED, AND THIS PROJECT NOW IS THE
FOCUS OF A LOT OF TENSION AROUND THE STATE OF ILLINOIS AND A
LOT OF PEOPLE HAVE SAID IT WILL DEFINITELY BE COMPETITIVELY
BID. THEN IF THAT'S THE CASE, WHY SUCH STIFF OPPOSITION TO
ATTACHING THE FEDERAL COMPETITIVE BID GUIDELINES?
IF THEY'RE GOING TO BID IT ACCORDING TO BOOK, AND THERE WON'T
BE ANY PROBLEMS WITH THE CONTRACTS, THEN WHY IS ANYBODY OPPOSED?
WHY IS IT?
{19:50:03} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
I DON'T KNOW. CLEARLY THE OFFICE OF THE GOVERNOR OF ILLINOIS
FELT STRONGLY ENOUGH THAT THESE GUIDELINES, THESE RESTRICTIONS
NOT BE ATTACHED THAT THEY CHOSE TO GO AROUND THE UNITED STATES
SENATE AND TRY AND GET THE LANGUAGE SNUCK INTO A CONFERENCE
COMMITTEE REPORT, STRIPPED OF THE COMPETITIVE BIDDING LANGUAGE
AND IN A WAY SO THAT IT WOULD BE ROLLED INTO AN $18 BILLION
APPROPRIATIONS BILL THAT IS A MUST-PASS BILL. AND THAT
{19:50:38} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
CONFERENCE COMMITTEE REPORT CAN'T BE AMENDED OR RECOMMITTED. SO
THEY WENT TO A LOT OF TROUBLE. IN FACT, THEY WERE PRACTICALLY
DOING ANYTHING AND STOPPING AT NOTHING TO AVOID THE COMPETITIVE
BID GUIDELINES WHICH THEY'RE ESSENTIALLY SAYING THEY'RE GOING
TO DO ANYWAY. IT DOESN'T MAKE A LOT OF SENSE TO ME. WHY THE
OBJECTION?
WHY THE FIERCE FIGHT OVER REQUIRING FEDERAL PROCUREMENT LAWS BE FOLLOWED?
NOW THROUGHOUT THE DAY I HAVE SET THE CONTEXT IN WHICH THIS
{19:51:13} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
DEBATE HAS BEEN OCCURRING. I FELT THAT WAS NECESSARY BECAUSE
FOR THOSE WHO AREN'T FROM THE WONDERFUL LAND OF LINCOLN, THE
GREAT STATE OF ILLINOIS, THEY MAY NOT BE FULLY FAMILIAR WITH
THE POLITICS. SOMETIMES OUR POLITICS HAVE BECOME FAMOUS.
CHICAGO KIND OF HAS A FAMOUS POLITICAL TRADITIONS. STATE
GOVERNMENT PROBABLY HASN'T BEEN AS WELL KNOWN AS THE CITY OF
CHICAGO'S GOVERNMENT. BUT I FELT I NEEDED TO SET THE TABLE HERE
TO LAY THE FOUNDATION AND GIVE THE SENATORS FROM OTHER STATES
{19:51:48} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
THE CONTEXT IN WHICH I WAS CONCERNED THAT THIS MONEY WOULD BE
GOING REALLY IN A WAY THAT WOULD PERMIT UNFETTERED DISCRETION
ON THE PART OF WHOMEVER MIGHT GET THIS -- MIGHT GET THIS $50
MILLION AUTHORIZED APPROPRIATION. AND I TALKED ABOUT, I READ A
NUMBER OF AFERLS INTO THE RECORD THIS MORNING -- NUMBER OF
ARTICLES INTO THE RECORD THIS MORNING THAT TALKED ABOUT
PROBLEMS THAT HAVE OCCURRED IN STATE GOVERNMENT IN ILLINOIS NOT
JUST UNDER REPUBLICAN ADMINISTRATIONS, BUT UNDER BOTH
{19:52:26} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
REPUBLICAN AND DEMOCRATIC ADMINISTRATIONS, WHERE BECAUSE OF A
LACK OF COMPETITIVE BIDDING, BECAUSE OF LAX, WEAK PROCUREMENT
LAWS THAT LEFT TOO MUCH TO THE SUBJECTIVE PREFERENCES OF STATE
OFFICIALS ON AWARDING CONTRACTS, THAT WE'VE HAD JUST A LONG,
REALLY KIND OF SAD HISTORY OF PROCUREMENT PROBLEMS IN THE STATE
OF ILLINOIS. HOPEFULLY THE STATE'S NEW PROCUREMENT LAW WILL CUT
DOWN ON FUTURE PROBLEMS LIKE THAT. BUT AS I POINTED OUT, IT HAS
{19:53:02} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
A FEW LOOPHOLES THAT I HOPE WILL GET CLEANED UP. WE HAVE TALKED
ABOUT LEASES OF BUILDINGS. WE'VE TALKED ABOUT CONSTRUCTION
PROJECTS. WE HAVE HIGHLIGHTED A NUMBER OF INSTANCES BY TALKING
ABOUT THOSE LEASES THAT AT THAT TIME WERE NOT COMPETITIVELY
BID, WHERE THERE ARE A LOT OF QUESTIONS ABOUT THE AMOUNTS THAT
THE TAXPAYERS WERE PAYING FOR THE STATE TO LEASE BUILDINGS, AND
CERTAINLY THE PEOPLE INVOLVED LEASING THE PROPERTIES TO THE
STATE SEEMED TO BE VERY INVOLVED IN THE POLITICAL PROCESS WHICH
{19:53:39} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
RAISES A LOT OF QUESTIONS IN ONE'S MIND. I ALSO TALKED ABOUT
THE HOTEL LOAN WHICH INVOLVED A LOAN TO POLITICALLY CONNECTED
DEVELOPER TO BUILD THE SPRINGFIELD RENAISSANCE HO TEM IN
SPRINGFIELD. IT WAS A $15 MILLION LOAN FROM THE STATE OF
ILLINOIS. IT APPEARED ALSO, AS WE READ SOME OF THOSE ARTICLES,
THAT FEDERAL MONEY WAS INVOLVED IN THAT TOO. AND THAT THAT LOAN
WAS NEVER REPAID TO THE STATE OF ILLINOIS. SOME PAYMENTS WERE
{19:54:12} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
MADE. I DON'T KNOW WHAT THE UNPAID BALANCE IS TODAY, BUT I
THINK IT'S QUITE SUBSTANTIAL. AND SO THAT DEVELOPER STILL HAS
THAT HOTEL TOO. AND THIS HOTEL IS VERY CLOSE, ABOUT A BLOCK AND
A HALF, MAYBE TWO BLOCKS AWAY, AS WE SAW, FROM THE PROPOSED
ABRAHAM LINCOLN PRESIDENTIAL LIBRARY. I HOPE THAT IF THE
LIBRARY IS BUILT AND IT BECOMES THE WONDERFUL ATTRACTION THAT
WE HOPE IT WILL BE FOR CITIZENS FROM ALL OVER THE COUNTRY TO
{19:54:48} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
COME AND ENJOY AND LEARN ABOUT ABRAHAM LINCOLN IN THE HOMETOWN
OF ABRAHAM LINCOLN, CERTAINLY IT WILL GENERATE A LOT OF TOURIST
REVENUE FOR THE CITY OF SPRINGFIELD. I WOULD IMAGINE THAT THE
SPRINGFIELD RENAISSANCE HOTEL WOULD BENEFIT FROM THAT, THE
PROJECTIONS OF INCREASED TOURISM. I WOULD HOPE THAT WOULD BE
THE CASE. I WOULD HOPE THAT PERHAPS AT THAT TIME THE HOTEL, THE
PARTNERSHIP THAT RUNS IT WOULD THINK ABOUT WHETHER THEY COULD
MAKE MORE PAYMENTS TO THE STATE ON THAT $15 MILLION TAXPAYER
{19:55:23} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
LOAN THAT GOES BACK TO THE EARLY 1980'S. NOW I KNOW THAT STATE
FIRMS RELEASE PERSONAL GUARANTEES AND WAIVE THE STATE'S RIGHT
TO FORECLOSE ON THAT HOTEL LOAN. SO IT'S CLEAR THERE PROBABLY
ISN'T MUCH OF A LEGALLY ENFORCEABLE NOTE ANYMORE. AND SO I
GUESS YOU'D HAVE TO WONDER IF THOSE PEOPLE WOULD THINK ABOUT
WHETHER IT WOULDN'T JUST BE A GOOD IDEA FOR THEM, THE RIGHT
THING FOR THEM TO DO TO TRY AND MAKE PAYMENTS WHEN THEY COULD.
THEY PROBABLY WOULD ARGUE THAT THE NOTES ARE WORTHLESS NOW THAT
{19:56:00} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
THE STATES, ALL THE STATES RIGHTS AS LENDER WERE WAIVED WHILE
THE LOAN WAS IN DEFAULT. IT'S KIND OF UNUSUAL. IN FACT, I'VE
NEVER REALLY HEARD OF IT FOR A LENDER WHEN THEY HAVE A BAD LOAN
TO WAIVE ALL THEIR RIGHTS. IT SEEMED KIND OF ODD TO ME. BUT IN
ANY CASE, THERE IS ANOTHER EPISODE IN OUR STATE'S RECENT
HISTORY THAT I WAS VERY VOCAL ON WHEN I WAS IN THE STATE
SENATE, AND THAT WAS ON HOW RIVERBOAT LICENSES WERE GIVEN OUT.
{19:56:36} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
BACK IN ABOUT 1990 THE STATE CREATED TEN RIVERBOAT LICENSES.
THE FIRST SIX OF THEM, THEY WERE FAIRLY SITE SPECIFIC IN THEIR
STATUTE ON WHERE THE RIVERBOAT LICENSES HAD TO GO. THAT ALWAYS
RAISED QUESTION BECAUSE THERE WERE QUESTIONS OF WHETHER IN
DRAWING UP THE STATUTE THE STATE WAS ACTUALLY ATTEMPTING TO
STEER THESE RIVERBOAT LICENSES TO CERTAIN INDIVIDUALS. IT JUST
SO HAPPENED THAT AN INVESTOR IN THE FIRST RIVERBOAT LICENSE
AWARDED UNDER THE ILLINOIS GAMING LAW WAS THE VERY SAME
{19:57:10} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
INDIVIDUAL, MR. WILLIAM CELLINI, WHO WE HAVE READ SOME ARTICLES
ABOUT, WHO GOT THE HOTEL LOAN, DIDN'T HAVE TO PAY BACK, HADED
LEASES AT STATE BUILDINGS, HAS BEEN INVOLVED IN POLITICS IN
ILLINOIS FOR A LONG TIME. I WOULD, IF I COULD, LIKE TO CONTINUE
ON IN AN EXAMINATION OF WHAT HAPPENED WHEN THE STATE DIDN'T
COMPETITIVELY BID THE RIVERBOAT LICENSES, WHICH I ALWAYS
THOUGHT THEY SHOULD BE COMPETITIVELY BID. YOU HAD LICENSES THAT
{19:57:42} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
TURNED OUT TO BE PHENOMENALLY LUCRATIVE. IN SOME CASES VERY
SMALL INVESTMENTS MADE MANY PEOPLE VERY RICH VERY QUICKLY.
THERE WAS ALWAYS QUESTION AS TO HOW THE STATE DETERMINED WHO
GOT THE LICENSES. THE PEOPLE WHO WOUND UP GETTING THE FIRST SIX
LICENSES WHICH WERE FAIRLY SITE SPECIFIC TENDED TO BE PEOPLE
WHO WERE VERY MUCH INVOLVED IN STATE POLITICS IN ILLINOIS. THEY
WOULD -- THEY WERE WHAT I WOULD CALL INSIDERS IN THE STATE
{19:58:15} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
CAPITAL. OF COURSE THEY ALWAYS ENCOURAGED THE PERCEPTION THAT
IT WAS JUST A COINCIDENCE THAT THESE VERY LUCRATIVE LICENSES
FELL INTO THEIR HANDS, AND THEY GOT REAL RICH REAL QUICK. IN
FACT, A BOAT -- A RIVERBOAT THAT WAS PUT UP IN JOLLIETTE,
ILLINOIS -- I REMEMBER I WAS IN THE STATE SENATE WHEN THAT BOAT
THAT WAS CALLED THE JOLLIETTE EMPRESS, WE COULDN'T FIND OUT THE
FINANCIAL RESULTS OF THESE BOATS. IT WAS AN COMBEPGS TO THE
{19:58:51} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
FREEDOM OF INFORMATION LAWS IN SPRINGFIELD AS TO WHETHER, EVEN
THOSE THESE BOATS GOT A LICENSE FROM THE STATE, THEY DIDN'T
HAVE TO GIVE OUT FINANCIAL INFORMATION TO THE PUBLIC. BUT THE
JOLIET EMPRESS DECIDEED TO DO A PUBLIC OFFERING OF ITS STOCK IN
THEIR -- ACTUALLY NOT OF ITS STOCK. BOND OFFERING, AS I RECALL.
AND IN ORDER TO DO THAT PUBLIC OFFERING OF ITS DEBT SECURITIES,
IT HAD TO FILE A REGISTRATION STATEMENT WITH THE SECURITIES
EXCHANGE COMMISSION. AND IN THE PROCESS OF FILING THAT
STATEMENT, THEY DISCLOSED THEIR INVESTORS AND DISCLOSED SOME OF
{19:59:23} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
THE FINANCIAL RESULTS OF THE RIVERBOAT. I REMEMBER THAT BEING
STRUCK THAT ON THIS RELATIVELY SMALL INVESTMENT I'M GOING TO
SUGGEST IN THE NEIGHBORHOOD, THE ORIGINAL INVESTMENT WAS
SOMEWHERE IN THE NEIGHBORHOOD OF $20 MILLION. BUT IN THE FIRST
18 MONTHS, AS I RECALL, THAT RIVERBOAT, THE NINE PEOPLE WHO
OWNED IT, TOOK IN SOMETHING LIKE $87 MILLION IN CASH DIVIDENDS.
KIND OF MAKES THE INTERNET FIRMS THAT WE'RE READING ABOUT AND
{19:59:58} (MR. FITZGERALD) { NOT AN OFFICIAL TRANSCRIPT }
THE SOARING NASDAQ INDEX SEEM LIKE NOTHING.
{END: 2000/10/04 TIME: 20-00 , Wed. 106TH SENATE, SECOND SESSION}
{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}