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Sales tax ballot proposal sparks debate over potential impact on state’s credit rating • South Dakota Searchlight
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Sales tax ballot proposal sparks debate over potential impact on state’s credit rating • South Dakota Searchlight

Opponents of a bill passed on Nov. 5 to reduce the state’s sales tax fear it could be the straw that breaks the camel’s back and destroys South Dakota’s AAA bond rating – a charge that supporters of the bill deny.

The measure would eliminate the state sales tax on groceries, but opponents say the vague language could extend the impact to other goods and services. That uncertainty prompted the state’s Legislative Research Council to offer a rough estimate of the state government’s potential revenue losses from the measure, which it said would range from $134 million to $646 million annually.

This would compound the budget impact of a temporary, across-the-board reduction in the state sales tax from 4.5% to 4.2%. This reduction was enacted in 2023 and is set to expire in 2027. The cost of this decision is estimated to be over $100 million annually while it is in effect. The state’s total budget is about $7 billion.

Republican Matt Michels helped the state earn its AAA rating when he served as lieutenant governor to Gov. Dennis Daugaard from 2011 to 2019. Michels said the budget hole created by the ballot measure and the resulting fight to eliminate it in the Legislature could lead to a rating downgrade.

“Money runs away from instability,” Michels said.

Impact of food tax vote could be between $134 million and $646 million, lawmakers said

On the other side of the debate, Augustana University economics professor and Democratic Sioux Falls state senator Reynold Nesiba supports the ballot proposal and is not concerned about its potential impact on the bond’s credit rating.

“Democrats care about fiscal responsibility, but we also care about the state’s obligations to South Dakota families,” he said. “Forcing people to pay a tax before they eat is just wrong.”

Nesiba said if the measure passes, lawmakers should respect the measure’s limited intent to eliminate state sales taxes on groceries. He said raising general state sales taxes to 4.5% would give credit rating agencies little cause for concern.

An independent expert, Donald BoydCo-director of the State and Local Government Finance Project at the Center for Policy Research at the University at Albany in New York, said in an emailed statement that passing a tax cut without a plan to finance it could affect credit rating agencies’ opinion of the state.

“If everything else remains unchanged, that would be negative in the eyes of the rating agencies,” Boyd said. “Whether it is negative enough to affect the credit rating is another question.”

Explanation of bond ratings

One way for the government to finance public projects is to sell bonds to investors and then pay back the money over time with interest.

Agencies such as S&P Global rate bond issuers based on their creditworthiness, with the highest AAA rating going to those with the strongest repayment capacity. Governments with better ratings can get lower interest rates on their bonds, resulting in lower debt payments.

South Dakota Upgrade from AA+ to AAA occurred under Republican Governor Dennis Daugaard in 2015 and 2016, when all three major rating agencies made the change. The agencies attributed the upgrade to the state’s healthy savings, conservative budget approach, long-term financial planning and fully funded pension fund for state employees.

“We knew we would save taxpayers a lot of money,” Daugaard said.

The ratings also benefit the state’s administrative units, such as school districts. School districts in South Dakota have saved over According to Nancy Van Der Weide, spokeswoman for the South Dakota Department of Education, $33 million in interest has accrued since the upgrade on new construction, land purchases and debt restructuring.

Seventeen States have a AAA rating. Ratings are non-political; South Dakota’s Democratic-leaning neighbor Minnesota has a AAA rating thanks to its large and diverse economy and healthy savings and earnings. Nebraska and Iowa are South Dakota’s other AAA-rated neighbors.

Complicating factors

Republican Rep. Tony Venhuizen of Sioux Falls is Daugaard’s son-in-law and served as his chief of staff. He is concerned about the impact of the sales tax vote on the state’s credit rating.

“Cutting one of our most reliable sources of revenue through a public vote without a plan to pay for the lost revenue does not look good to these credit agencies,” he said.

Nathan Sanderson, executive director of the South Dakota Retailers Association, is part of a coalition opposing the ballot measure and served as Daugaard’s director of policy and operations when the higher credit rating was reached.

He said his former boss was able to overcome the skepticism of credit rating agencies that suggested South Dakota relied on a single revenue source for most of its income: the sales tax.

“Daugaard has shown that even though we only have a sales tax, we are really, really fiscally responsible,” Sanderson said. “Someone with limited income can get a large loan at a low interest rate if they live within their means, build solid savings and pay their bills on time.”

Nathan Sanderson, executive director of the South Dakota Retailers Association, speaks before the House State Affairs Committee on February 8, 2024. (Makenzie Huber/South Dakota)
Nathan Sanderson, executive director of the South Dakota Retailers Association, speaks before the House State Affairs Committee on February 8, 2024. (Makenzie Huber/South Dakota)

Sanderson fears that the elimination of another large, reliable part of the sales tax could change the views of the rating agencies.

If the bill passes, lawmakers could try to limit its impact by amending the measure to affect only state sales taxes on groceries. They could also try to end the existing across-the-board sales tax cut early, ahead of its scheduled expiration date in 2027.

However, this would be considered a vote on increasing or introducing a new tax, which, according to Michels, would require a two-thirds majority in parliament.

“I think it will be quite difficult to get the two-thirds,” he said.

If the referendum passes and lawmakers do not immediately raise the state sales tax back to 4.5%, Michels said, they would likely have to cut the budget or dip into state reserve funds to meet the constitutional requirement of a balanced annual budget.

Sanderson said the need for budget cuts or reserve spending would strain the state budget as it weans off several years of federal COVID-19 pandemic funding. The state’s most recently passed budget was $7.3 billion, of which $3.2 billion was federal funding. For comparison, the state’s 2019 budget was $4.3 billion, of which $1.4 billion was federal funding.

“This is happening while we are already anticipating budget cuts,” Sanderson said.

In 2023, lawmakers decided to pass the temporary sales tax cut rather than accept Gov. Kristi Noem’s proposal to cut the state sales tax on groceries to zero percent. While lobbying for her proposal, Noem warned lawmakers that if lawmakers did not act, voters would pass a ballot proposal to eliminate the state sales tax on groceries.

Her office did not grant an interview but sent South Dakota Searchlight a statement.

“Governor Noem and her team are preparing for all possible scenarios depending on what the people of South Dakota decide at the ballot box,” wrote her spokesman Ian Fury. “South Dakota will have a balanced budget next year, just as we have had for 135 years.”

Jim Terwilliger, a member of Noem’s cabinet and commissioner of the Bureau of Finance and Management, said in an emailed statement that the state’s low debt, strong reserve funds, fully funded pension fund, strong economy and long history of prudent fiscal management would not be lost if the ballot proposal is adopted.

“These are all positive aspects in the assessment of our country and I do not expect that any measure taken will change that,” he said.

“Do the right thing”

Nesiba claimed that Republicans like Michels, Venhuizen and Sanderson were essentially arguing that the Republican-dominated legislature could not be trusted to manage the budget if voters chose to eliminate the state sales tax on groceries.

“They argue that the people of South Dakota are voting to eliminate the sales tax on groceries and then Republicans are acting irresponsibly and somehow that’s the voters’ fault,” Nesiba said. “That would be a failure of Republican leadership. The legislature works for the people, so they have to make it work. If voters can’t trust Republican leadership, then we need new leadership.”

Nesiba said credit agencies would only downgrade South Dakota’s credit rating if they lost confidence in the legislature’s ability to handle the issue in a fiscally responsible manner.

“I trust that the legislature will do the right thing,” he said.

Among the 45 states that impose a nationwide sales tax, South Dakota is currently ranked 36th. of combined state and local tax rates, making it one of the lowest, according to the nonprofit, nonpartisan Tax Foundation.

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