ND HB1169

Allows individuals directly affected by alleged state agency or institution competition with private enterprise to petition a commission for determination of whether such competition exists.

Requires the commission to direct cessation of the competitive activity after a hearing unless: cessation creates an emergency, private enterprise costs at least 10 percent more, private enterprise cannot adequately provide the service, or cessation causes irreparable harm or loss of substantial invested funds.

Commission must submit written decisions to parties within twenty days of the hearing, with unsuccessful appellants to district court required to pay state hearing and appeal costs including reasonable attorney's fees.

Establishes state policy to contract with private enterprise for activities unless a state agency demonstrates a compelling public interest, and requires the commission to set fees reflecting fair market value and actual costs for authorized competitive activities.

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