friedo, please. Not zombies and werewolves… chupacabras, man!
(though truth be told I’ve heard no sightings reported in like 4 years…)
Working in politics down here I’ve been getting bombarded for two years with the impending debt disaster scenarios and the Cunning* Plan Of The Month to deal with it to the point I’m numb.
(* but doomed)
Allright first the issue of Chapter 9 Bankruptcy: this is the part of the code that deals with chartered municipalities and state-owned corporations, NOT the state governments per se, thus Detroit. For some reason nobody can explain, in the mid 1980s the language in the statute was amended in such a fashion that now Puerto Rico’s public dependencies were explicitly out of the scope. People are trying to figure out what happened there. So the bills in Congress would equiparate treatment and allow for municipal or state-owned-corporation bankruptcy.
*Thing is… *that many of the “state corporations” in Puerto Rico are corporations in paper only, being run IRL as government programs commanded by an agent of the sitting Governor – and in many of these cases, their “corporate” debt was issued with the Commonwealth as guarantor. This was of course a clever ruse to make it so under normal circumstances the debt for their projects would not be counted towards the General Obligations debt but if the “corporation” goes tits up the creditors have already advised they’ll sue to the effect that they entered the deal under the premise of “no bankruptcy”.
Meanwhile, as to the handling of the general debt: upon the adoption of the Commonwealth constitution in 1952, and the addition of a debt limit amendment in 1964, one of the elements that devolved upon PR was the credit of the polity – Under the Commonwealth’s constitution there are
(a) a fixed limit on how much obligation of principal and service can be incurred as General Fund Obligations in a fiscal year, of 15% of the average of the last two years’ Revenues; and
(b) a constitutional mandate that if revenues are insufficient to cover the budget, payment and service of the GO debt must be covered first, and then you deal with the rest of the budget.
Now, these and a balanced budget mandate should have been good brakes on the situation, except that under a set of PR court rulings and other legal and regulatory jiggerypokery, the balanced budget mandate was interpreted to refer to expenses must equal available resources, not just revenues, and credit is an available resource as long as you did not hit the hard limit, so the state has been running a disguised deficit, essentially redefining what is on or off budget and doing repeated refinancings of the “off budget” entities to lower and stretch the payments and have as much cash as possible in hand for paying current expense (and spreading pork, natch).
Well… over the last 10 years the economy tanked, we are having a huge loss of workforce and thus of tax base, and the Treasury is now upside down. The General Fund revenue is not generating enough cash flow to pay as we go ***both ***the debt service and current operations. The last administration, faced with the credit raters (who had previously been happilly AAA-ing anything made of paper with numbers on it, remember?) suddenly getting all righteous in the middle of the Great Recession, was forced into layoffs of thousands of public employees to bring things under control and it cost them reelection. Between that and the Stimulus funds they bought an extra 6 years, but there has been no real recovery so the debt exploded further. The current administration has stated that they’ll die on the hill of no layoffs of public employees: for two years they’ve done over 90 tax or fee increases, incentive programs, benefit cuts, let the bonds get junked then taken over by “vulture” hedge funds, massacred my pension fund, cleaned out every cash-on-hand reserve any agency or dependency had… and still not enough.
And meanwhile the White House and Fed hace been hinting that they lean towards the “Drop Dead” option. (Why? Because primary season is coming and the Lunatic Wing of American politics would likely crucify anyone who even seems to be in the same building as a bailout) So they have decided to announce, in a political move, that rather than fire teachers or reduce medicaid rolls or do a shutdown, they’ll rather ignore the constitution, default, and seeya in court, what ya gonna do, bring Blackwater to seize the harbor?
Meanwhile the Governor, LtGov and entire legislative leadership were at D or R political junkets all last week trying to get some sort of signal but none of the headliners are really sticking their necks out on this. If the debt is not serviced, recurrent revenue IS enough to pay current ops expense on a cash-as-you-go basis… for a while, but it’ll catch up soon enough and then come the chupacabras or zombies, or SOMEONE blinks, be it DC or Wall Street.
The more conspiratorially inclined among us would claim that the current administration (pro-statu-quo) is deliberately letting this happen in the view of the world in order to poison the well for any statehood petition for the next 30 years (under the assumption that after increasing the sales tax from 7% to 11.5% and rogering the pension fund, they’ll lose the next election to the pro-statehood opposition and they only want to leave them scorched earth). Or that they actually want a Federal Control Board named so when the corrective measures are taken they can point to some “outsider” from the Big Bad Feds as the source of the pain.
Now if you’ll excuse me I have to go OD on antidepressants…