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ND HB1217

Bill

Status

Introduced

1/3/2019

Primary Sponsor

Nathan Toman

Click for details

Origin

House of Representatives

66th Legislative Assembly

AI Summary

  • Creates a petition process allowing individuals directly affected by state agency or institution competition with private enterprise to request a Public Service Commission determination on whether such competition exists.

  • Requires the Public Service Commission to direct state agencies or institutions to terminate competitive activities unless cessation would create an emergency, cost at least 10 percent more through private providers, private enterprise cannot adequately provide the service, or cessation would cause irreparable harm or substantial loss of invested funds.

  • Mandates the Public Service Commission issue written decisions within twenty days of hearings and allows unsuccessful appellants to appeal to district court but pay the state's hearing, appeal, and reasonable attorney's fees.

  • Allows state agencies or institutions engaged in competitive activities before the effective date to continue until existing contracts expire, and requires fair market value fees for any authorized competitive activities unless a compelling public interest is demonstrated.

  • Requires the Public Service Commission to report to legislative management by March 15th of each even-numbered year on the status of petitions received under this section.

Legislative Description

Competition between the government and private industry and to require a report to the legislative management.

Last Action

Second reading, failed to pass, yeas 24 nays 67

1/31/2019

Committee Referrals

Government and Veterans Affairs1/3/2019

Full Bill Text

No bill text available