Limitation of liability provisions contained within packaging or click-through agreements for certain products.
Impact
The enactment of SB2109 will facilitate state agencies in adopting more flexible procurement strategies by allowing them to navigate the complexities of liability associated with packaging and click-through agreements. By clarifying the acceptable conditions under which these products can be procured, the bill aims to streamline purchases and potentially reduce the administrative burden on agencies. This may lead to cost savings and improved operational efficiency as agencies utilize commercially available products that previously posed legal concerns due to liability issues.
Summary
Senate Bill 2109 aims to amend the North Dakota Century Code by establishing provisions regarding the limitation of liability in certain agreements associated with routine or standardized products. Specifically, the bill allows agencies to purchase these products that come with adhesive contract terms, which might not align with the existing legal framework, provided that consultations with the attorney general and the office of management and budget confirm there is no substantial risk involved. The bill particularly applies to products with a cost not exceeding one thousand dollars, thereby focusing on lower-value procurement while ensuring relative consumer protection in state purchases.
Sentiment
Support for SB2109 appears to be united among lawmakers, as evidenced by the unanimous approval in both the Senate and House votes—46 to 0 in the Senate and 85 to 0 in the House. The sentiment around the bill seems to reflect a collective agreement on the necessity of such amendments to existing law, emphasizing practical governance while prioritizing efficient procurement practices. The unanimous votes suggest that there may not have been significant public contention or robust opposition regarding the bill during discussions.
Contention
While the bill has received overwhelming support, the notable points of contention might arise from concerns over consumer protection and potential liability loopholes associated with click-through agreements. Critics may argue that allowing agencies to bypass traditional liability constraints could expose the state to unforeseen risks, especially regarding data and system security, which end users may not be fully aware of when agreeing to such terms. Nonetheless, legislative discussions seem to have favored the practical implications of the bill over these concerns, leading to its smooth passage.
Limitations on civil actions alleging sexual assault, sexual abuse, gross sexual imposition, or childhood sexual abuse, and the notice requirement for claims against the state.
The department of transportation entering into reciprocal agreements with adjoining states and provinces for the inspection and testing of fabricated products or materials.