Date: Mon, 18 Jun 2001 14:34:29 -0400 From: bobhunt@erols.com Subject: [lpaz-repost] (fwd) Bypassing Voters on Debt To: american_Liberty@egroups.com, Individual-Sovereignty@egroups.com, sierratimes@egroups.com, lpaz-repost@yahoogroups.com, TnLP@egroups.com
On Mon, 18 Jun 2001 01:56:44 -0400, "Alexandra H. Mulkern" <amulkern@Radix.Net> wrote:
Wall Street Journal
June 18, 2001
Bypassing Voters on Debt
It's been a quarter century since New York's Urban Development Corporation defaulted on its debt and plunged New York City into fiscal chaos. Times are better now and memories dimmer, which explains why cities and states are once again creating independent entities that are taking on massive debt without voter approval.
Only two states will elect a Governor this year, and in both New Jersey and Virginia the issue of runaway debt is a growing concern. No one argues against taking out debt for legitimate capital projects. But most states limit that debt by requiring voter approval. hat check on abuses is breaking down as government-controlled entities issue bonds and ignore constitutional restrictions.
In New Jersey, former Governor Christie Whitman more than tripled the state's indebtedness. Just before leaving to become EPA Administrator, she signed an $8.6 billion bond to rehabilitate school buildings. New Jersey law requires voter approval of debt that exceeds 1% of the state's budget, but the state's pols argued that because the new borrowing will be charged to an independent agency it isn't "general state debt." A court rejected a lawsuit by Bogota Mayor Steve Lonegan against this charade, and the case is now pending before a state appellate court.
Jersey City Mayor Bret Schundler, a GOP candidate for Governor, has made the soaring costs of school construction an issue. He says his city's experience in opening charter schools that operate outside the maze of existing rules and use vacant buildings could work statewide to improve education and negate the need for more debt. His conservative themes are helping him close the gap against former GOP Congressman Bob Franks, who now leads him on by only five points in a new Public Opinion Strategies poll.
In Virginia, local governments have made an art form of doing end-runs around laws requiring voter approval of debt. After Loudoun County voters rejected a $36 million government center, it was built anyway using a lease-purchase agreement not subject to a vote. As one Loudoun supervisor said, "If they say no, then you look for another means of financing." The problem is that during the 1990s lease-purchase deals in Virginia were defaulted on a total of 42 times.
Nonetheless, last year Virginia's legislature passed a bill to allow cities to establish special bodies to issue bonded debt without voter approval. Only a veto by Governor Jim Gilmore blocked it from becoming law. A new debt study by the Virginia Institute for Public Policy will put some heat on both candidates for Governor to show how they stand on this kind of flimflm.
New York City began getting into trouble in the 1960s when bond lawyer John Mitchell, later Richard Nixon's Attorney General, created bonds that were secured only by future government revenues. When asked if this was "a form of political elitism that bypasses the voter's right to a referendum," he replied: "That's exactly the purpose of them." Today, official U.S. local government debt is estimated at $1.2 trillion, but the creation of dodges like independent agencies that issue their own debt may mean the real figure is as high as $4 trillion. It's time voters learn about how their rights to vote on debt are being trampled, and the Governor's races in Virginia and New Jersey this year look to us like good places to start.
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