State can run out of money, but can't file for bankruptcy
Daily Herald Staff, 2/6/2009 12:03 AM
http://www.dailyherald.com/story/?id=269994&src=109

SPRINGFIELD - Facing an ever-growing pile of bills, crushing debt and
less tax money flowing into the state treasury, Illinois is broke. But
could the state climb out of its nearly $9 billion budget hole by
declaring bankruptcy?

No, say tax and budget experts.

Federal law permits individuals, businesses and local governments to
file for bankruptcy reorganization and sometimes debt forgiveness.
States are not covered by the law. No U.S. state has ever declared
bankruptcy.

"A state is not going to just shut down," said Elizabeth McNichol, a
state budget specialist at the Center on Budget and Policy Priorities,
a nonpartisan Washington, D.C., think tank.

"As bad as things are, no state is going to have zero revenue coming
in," McNichol said. "It's really just a matter of choices."

So, rather than having a court restructure its finances as in a
bankruptcy filing, a state would have to reorganize its spending and
debt on its own. That's the current challenge for Gov. Pat Quinn and
lawmakers.

Illinois has long balanced the stack of bills on the comptroller's
desk very carefully. Certain payments must be made on certain days, so
other bills sometimes get pushed back a few days - or longer - to make
sure there is enough cash on hand, said a spokeswoman for Comptroller
Dan Hynes.

But should state finances became especially dire, Illinois could keep
going by not paying back money it has borrowed. Such a move is
unlikely and the consequences of default would make the state's
financial situation worse.

That's because it would greatly hinder the state's ability to borrow
in the future. Plus, the people Illinois owes money to could go to
court to force the state to pay.

"It's not something you want to do because when you want to borrow in
the future you'll have to pay a lot more interest because you're a
higher risk," explained Beverly Bunch, an associate professor of
public administration at the University of Illinois at Springfield.

But if the state manages to muddle through, the future could get
pretty bleak. California's current $41 billion budget crisis is a
preview of what Illinois might have to do to stay solvent.

California has been borrowing to pay its everyday bills. But facing a
$346 million shortfall just for February, California Controller John
Chaing this week stopped writing checks for nearly everything other
than education and debt payments.

That means spending on state agencies, including public safety,
payments for state purchases and tax refunds will be delayed until at
least March.

The Illinois Constitution says state pensions cannot be "diminished or
impaired." But money for schools, public safety, and payments to
cities and counties are offered no such protection and could all be
delayed.

The trickle-down effect of stopped payments in the Golden State is
busting the budgets of cities and counties across California.
Riverside County, located between Los Angeles and San Diego, is going
to court for permission to stop providing state mandated services if
the county does not receive state funding.

Starting today, California's 238,000 state workers begin "Furlough
Fridays" - unpaid days off on the first and third Friday of every
month through June 2010. The furloughs will save the state $1.3
billion over the next 17 months, but will also end up costing the
state revenue as those workers pay less tax on smaller incomes.

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