25.1338.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Senators Davison, Bekkedahl, Rummel
Representative Bosch
A BILL for an Act to amend and reenact sections 15.1-09.1-02.1 and 54-44.4-02 of the North
Dakota Century Code, relating to regional education associations.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 15.1-09.1-02.1 of the North Dakota Century Code is
amended and reenacted as follows:
15.1-09.1-02.1. Regional education association - Services to be offered.
1.In order toTo be eligible for state funding, a regional education association mustshall
offer the following services to its member districts:
a.Coordination and facilitation of professional development activities for teachers
and administrators employed by its member districts;
b.Supplementation of technology support services;
c.Assistance with achieving school improvement goals identified by the
superintendent of public instruction;
d.Assistance with the collection, analysis, and interpretation of student
achievement data; and
e.Assistance with the expansion and enrichment of curricular offerings.
2.Subsection 1 does not preclude a regional education association from offering
additional services, including services to a district that is not a member of the regional
education association.
3.A regional education association may enter a contract with the superintendent of
public instruction to offer services.
SECTION 2. AMENDMENT. Section 54-44.4-02 of the North Dakota Century Code is
amended and reenacted as follows:
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SENATE BILL NO. 2353
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54-44.4-02. Office of management and budget purchasing services.
1.The office of management and budget shall purchase or lease or otherwise arrange
for the procurement, for all state agencies and institutions in the executive branch of
state government, all materials, furniture, fixtures, printing, insurance, services, and
other commodities. The International Peace Garden may participate in the
procurement authorized by this section. The following commodities and services,
however, are not subject to the procurement requirements of this chapter:
1.a.Land, buildings, space, or the rental thereof.
2.b.Telephone and telegraph service and electrical light and power services.
3.c.Public books, maps, periodicals, resource materials, and technical pamphlets.
4.d.Department of transportation materials, equipment, and supplies in accordance
with section 24-02-16.
5.e.Procurements by the industrial commission for energy-related programs under
chapters 17-05, 54-17.5, 54-17.6, 54-17.7, 54-63, and 54-63.1 and under those
statutes in title 38 authorizing the industrial commission to perform well and hole
pluggings, reclamation work, equipment removal, leak prevention, and similar
work.
6.f.Services for the maintenance or servicing of equipment by the manufacturer or
authorized servicing agent of that equipment when the maintenance or servicing
can best be performed by the manufacturer or authorized service agent, or when
such a contract would otherwise be advantageous to the state.
7.g.Emergency purchases the office of management and budget or a purchasing
agency cannot make within the required time and which involve public health or
public safety, or when immediate expenditures are necessary for repairs of state
property to protect it against further loss or damage, or to prevent or minimize
serious disruption in state services.
a.(1)Emergency purchases made under this subsection must treat all bidders
fairly and promote competition as is practicable under the circumstances;
b.(2)The procurement file must contain a written determination of:
(1)(a)The basis for the emergency; and
(2)(b)The basis for the selection of the particular contractor.
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c.(3)If the emergency circumstances warrant a noncompetitive purchase, the
office of management and budget or the purchasing agency shall document
within the procurement file a written determination of the basis for the
noncompetitive purchase, including the circumstances that justified the
noncompetitive purchase.
d.(4)If the emergency purchase is subject to federal funding reimbursement, the
office of management and budget or the purchasing agency shall ensure the
procurement procedures and documentation are adequate to satisfy
requirements for federal reimbursement.
e.(5)If time allows, emergency purchases for commodities under this subsection
may require a sample for use in determining whether an offered product
meets specifications.
8.h.Commodities and services costing less than a specified amount as determined
by written directive by the director of the office of management and budget.
9.i.Specified commodities and services as determined by written directive by the
director of the office of management and budget.
10.j.Employee benefit services, trust-related services, and investment management
services obtained by an agency with a fiduciary responsibility regarding those
services. Nothing in this subsection may be construed to allow an agency to
create or renew a contract perpetually and without limitation.
11.k.Services to extract, tow, store, and dispose of abandoned or submerged vehicles
as defined in chapter 23.1-15.
12.l.Contracts by the agriculture commissioner for agricultural market news services
under cooperative agreements with the United States department of agriculture,
ombudsmen for pipeline restoration under section 4.1-01-17, environmental
impact mitigation services under section 4.1-01-21.1, ombudsmen for wind
property issues under section 4.1-01-23, weed control inspection agents under
section 4.1-14-02, and hemp testing under section 4.1-18.1-04.2.
13.m.Contracts by the state auditor for audits of computer systems under section
54-10-29.
14.n.Contracts by the attorney general with experts under section 10-33-145.
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15.o.Contracts by the department of health and human services for online virtual
mental health and suicide prevention simulation-based training programs under
subsection 28 of section 50-06-05.1 and brain injury informal supports under
section 50-06.4-07.
p.Contracts by the department of public instruction with a regional education
association under section 15.1 - 09.1 - 02.1.
2.All purchases made by the office of management and budget or a state agency or
institution to which authority to purchase has been delegated by the office of
management and budget must be made in accordance with this chapter, rules adopted
under this chapter, and written policies of the office of management and budget.
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