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North Dakota Senate Bill SB2072

North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2072 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
1+25.8071.01000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+State and Local Government Committee
7+(At the request of the Office of Management and Budget)
8+A BILL for an Act to amend and reenact subsection 5 of section 32-12.2-15 of the North Dakota
9+Century Code, relating to contracts limiting liability to the state.
10+BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11+SECTION 1. AMENDMENT. Subsection 5 of section 32-12.2-15 of the North Dakota
12+Century Code is amended and reenacted as follows:
13+5.An agency may purchase routine or standardized products that contain adhesive
14+contract terms in shrink wrap documents, third-party end user license, or click-through
15+agreements that are not consistent with this section if the agency, in consultation with
16+the attorney general's office and the office of management and budget, determines the
17+purchase poses no reasonable risk that an improper contractual obligation will be
18+imposed against the agency or of loss that cannot be limited under this section given
19+the nature of the product's intended use, including data and system security. Routine
20+or standardized products are products that are commercially available to the public
21+which do not exceed one thousandtwenty thousand dollars in cost.
22+Page No. 1 25.8071.01000
323 SENATE BILL NO. 2072
4-(State and Local Government Committee)
5-(At the request of the Office of Management and Budget)
6-AN ACT to amend and reenact subsection 5 of section 32-12.2-15 of the North Dakota Century Code,
7-relating to contracts limiting liability to the state.
8-BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9-SECTION 1. AMENDMENT. Subsection 5 of section 32-12.2-15 of the North Dakota Century Code
10-is amended and reenacted as follows:
11-5.An agency may purchase routine or standardized products that contain adhesive contract
12-terms in shrink wrap documents, third-party end user license, or click-through agreements that
13-are not consistent with this section if the agency, in consultation with the attorney general's
14-office and the office of management and budget, determines the purchase poses no
15-reasonable risk that an improper contractual obligation will be imposed against the agency or
16-of loss that cannot be limited under this section given the nature of the product's intended use,
17-including data and system security. Routine or standardized products are products that are
18-commercially available to the public which do not exceed one thousandtwenty thousand
19-dollars in cost. S. B. NO. 2072 - PAGE 2
20-____________________________ ____________________________
21-President of the Senate Speaker of the House
22-____________________________ ____________________________
23-Secretary of the Senate Chief Clerk of the House
24-This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
25-Dakota and is known on the records of that body as Senate Bill No. 2072.
26-Senate Vote:Yeas 46 Nays 0 Absent 1
27-House Vote: Yeas 91 Nays 0 Absent 3
28-____________________________
29-Secretary of the Senate
30-Received by the Governor at ________M. on _____________________________________, 2025.
31-Approved at ________M. on __________________________________________________, 2025.
32-____________________________
33-Governor
34-Filed in this office this ___________day of _______________________________________, 2025,
35-at ________ o’clock ________M.
36-____________________________
37-Secretary of State
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