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The South Dakota Government Transparency & Performance Act (SD-GT&P)

South Dakota state companion to GT&P. Extends Civil Service Commission (S.D. Codified Laws Title 3 Ch. 6A / Ch. 6D), SD Open Records (Sec. 1-27-1 et seq.), and SD Medicaid fraud recovery (S.D. Codified Laws Title 22 Ch. 45).

THE SOUTH DAKOTA GOVERNMENT TRANSPARENCY & PERFORMANCE ACT (SD-GT&P)

Vehicle: State passage. South Dakota Legislature, regular session. Primary referral to House / Senate State Affairs / Appropriations.

SECTION 1. SHORT TITLE

This Act may be cited as the “South Dakota Government Transparency & Performance Act (SD-GT&P).”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

The Legislature finds that South Dakota Civil Service operates under S.D. Codified Laws Title 3 Ch. 6A and Ch. 6D; that the South Dakota Open Records Law operates under S.D. Codified Laws Sec. 1-27-1 et seq.; that the Bureau of Finance and Management administers the Executive Budget under S.D. Codified Laws Ch. 1-33; that the Legislative Research Council provides fiscal analysis; that South Dakota does not have a general False Claims Act but recovers Medicaid fraud under S.D. Codified Laws Title 22 Ch. 45 (Medical Assistance Fraud) and S.D. Codified Laws Title 28 (Public Welfare); and that the Medicaid Fraud Control Unit operates under the Office of the Attorney General pursuant to 42 U.S.C. Sec. 1396b(q). This Act extends these frameworks.

TITLE I — DEFINITIONS & COORDINATION WITH SOUTH DAKOTA LAW

Sec. 101. Definitions

  1. (a) “SD-BFM” means the Bureau of Finance and Management.
  2. (b) “Publicly visible outcome” means a metric published under Sec. 201.
  3. (c) “MFCA” means South Dakota’s Medicaid fraud-recovery authority under S.D. Codified Laws Title 22 Ch. 45 and related Title 28 provisions.

Sec. 102. Coordination with Existing South Dakota Law

  1. (a) Consistent with:
  • S.D. Codified Laws Title 3 Ch. 6A and Ch. 6D (Civil Service).
  • S.D. Codified Laws Sec. 1-27-1 et seq. (Open Records).
  • S.D. Codified Laws Ch. 1-33 (Bureau of Finance and Management).
  • S.D. Codified Laws Title 22 Ch. 45 (Medical Assistance Fraud).

TITLE II — OUTCOME-BASED BUDGETING

Sec. 201. Outcome Metrics for Covered Programs

  1. (a) Each covered program in the Executive Budget shall publish at least three outcome metrics.
  2. (b) The Bureau of Finance and Management shall publish the South Dakota Outcome Dashboard in machine-readable form.

Sec. 202. Fiscal-Note Outcome Integration

  1. (a) Legislative Research Council fiscal notes shall identify outcome metrics from Sec. 201.

TITLE III — CIVIL-SERVICE MERIT PROTECTIONS

Sec. 301. Codification of Performance-Standards Protections

  1. (a) S.D. Codified Laws Title 3 Ch. 6A and Ch. 6D are amended so that nothing precludes policy-influencing-position classifications with publicly posted performance standards.

TITLE IV — SOUTH DAKOTA MEDICAID FRAUD QUI TAM (MFCA Rewire)

Sec. 401. Medicaid Fraud Qui Tam Authority

  1. (a) Given that South Dakota does not have a general False Claims Act, this Title operates as a Medicaid-specific qui tam authority under S.D. Codified Laws Title 22 Ch. 45 and in coordination with the Medicaid Fraud Control Unit under 42 U.S.C. Sec. 1396b(q).

Sec. 402. Credentialing and Outcome-Data Fraud

  1. (a) A person presenting a materially false or fraudulent claim involving SDRMC, Federal FRAC, SD-OBSA outcome data, or Medicaid-related credential claims is liable to the State for a civil penalty and treble damages.

Sec. 403. Whistleblower Award

  1. (a) A whistleblower whose information leads to recovery shall receive between 15 and 30 percent of the State recovery, as determined by the Attorney General.

TITLE V — IMPLEMENTATION & GENERAL PROVISIONS

Sec. 501. Severability

If any provision is held invalid, the invalidity shall not affect the remainder.

Sec. 502. Effective Date

This Act shall take effect July 1 of the year following enactment.

Canonical federal version: GT&P. Other South Dakota bills: SD-ACSA, SD-MEWRA, SD-AI-Workforce.