Cantor declares state bankruptcy law DOA

By Reuters
Posted Jan. 24 at 4:20 p.m.

House Majority Leader Eric Cantor on Monday dismissed the idea that states should be allowed to declare bankruptcy, diminishing the possibility that any legislation opening bankruptcy courts to the states will work its way through Congress.

Cantor, speaking to reporters, was reacting to reports last week that some fellow Republican members of Congress were preparing legislation to allow cash-strapped states to declare bankruptcy as an alternative to turning to the federal government for financial help.

Bankruptcy also would let states renegotiate contracts with public employee unions.

Cantor, who opposes any federal bailouts, said states do not need bankruptcy filings — something they are now prohibited from doing because they are considered sovereign in the U.S. Constitution.

“I don’t think that that is necessary because state governments have at their disposal the requisite tools to address their fiscal ills,” Cantor said. “They’ve got the ability to enter into new negotiations if there are any collective bargaining agreements in place. They’ve got the ability to adjust levels of spending as well as revenues at the state level.”

The rebuff by Cantor, one of the most powerful leaders in Congress, along with an outpouring of criticism from states, economists, and investors in the $2.8 trillion municipal bond market, decreased the chances of any bankruptcy bill introduced in the House becoming law.

The municipal bond market, which has recently been rocked by fears of defaults, could suffer another blow, driving up borrowing costs more, if the legislation gained traction.

The idea is “clearly not beneficial to an already fragile municipal market,” said Chris Mauro, municipal strategist for RBC Capital Markets, in a statement.

Last week, Newt Gingrich, the former House Speaker who remains a powerful Republican, told Reuters that legislation was being prepared in Congress to let states declare bankruptcy. Gingrich, a potential 2012 presidential candidate, has been talking up the idea in recent months.

States, even those with yawning budget problems, flatly rejected the suggestion of bankruptcy protection.

California Treasurer Bill Lockyer told Reuters Insider Monday that states may not need the same freedom to declare bankruptcy as major companies because they have a guaranteed source of revenue.

“The major difference, of course, is that we’re looking at sovereign governments that have the ability to enact a tax, and that’s not the case of these private corporations that may have unfunded obligations that they can’t deal with,” he said.

Lockyer, who last week told Reuters that California had no interest in using bankruptcy to solve its fiscal problems, said that even the potential of bankruptcy legislation could disrupt states’ abilities to borrow.

Mauro, of RBC Capital Markets, also warned of the cost consequences of bankruptcy legislation.

“If the current discussions in Washington move out of the conceptual stage, the result could be a repricing of the state general obligation market, forcing yields higher,” he said.

After Republicans took control of the House in NovemberĀ  on promises of cutting spending, the party’s leaders became apprehensive about states’ shaky financial conditions.

The longest and deepest recession since the Great Depression caused a revenue collapse in most states, forcing them to cut spending, lay off workers, borrow heavily and turn to the federal government for assistance.

Many states have yet to recover, and Republicans worry they may ask for a repeat of the extraordinary assistance included in the $814 billion economic stimulus plan — the largest transfer of federal funds to states in U.S. history.

“There will be no bailout of the states; the states can deal with this and have the ability to do so on their own,” Cantor said.

Other Republicans are also taking a “tough love” approach. Last week, Rep. Randy Neugebauer introduced legislation to prevent the Federal Reserve from buying short-term municipal debt. By purchasing the notes, the Fed would effectively lend states cash.

Federal Reserve Chairman Ben Bernanke has repeatedly resisted calls to buy the debt.

Lockyer posited the bankruptcy bill was a swipe at public employees becauseĀ  bankruptcy would allow a state to renegotiate labor contracts.

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2 comments:

  1. Phil Cooper Jan. 24 at 4:47 pm

    Some states have cut spending. Others, like California, have just kept ramping it up, and if some agency or department doesn’t get the full expected annual budget increase, they scream that their budget has been “cut”. Insanity.

  2. jack (me) Jan. 25 at 1:40 pm

    I bet Quinn is teed off over Republican obstructionism about this. Sure.

    Of course, his spokesperson said yesterday that Illinois does not deal in hypotheticals.