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North Dakota Senate Bill SB2353

North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2353 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
1+25.1338.02000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Senators Davison, Bekkedahl, Rummel
7+Representative Bosch
8+A BILL for an Act to amend and reenact sections 15.1-09.1-02.1 and 54-44.4-02 of the North
9+Dakota Century Code, relating to regional education associations.
10+BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11+SECTION 1. AMENDMENT. Section 15.1-09.1-02.1 of the North Dakota Century Code is
12+amended and reenacted as follows:
13+15.1-09.1-02.1. Regional education association - Services to be offered.
14+1.In order toTo be eligible for state funding, a regional education association mustshall
15+offer the following services to its member districts:
16+a.Coordination and facilitation of professional development activities for teachers
17+and administrators employed by its member districts;
18+b.Supplementation of technology support services;
19+c.Assistance with achieving school improvement goals identified by the
20+superintendent of public instruction;
21+d.Assistance with the collection, analysis, and interpretation of student
22+achievement data; and
23+e.Assistance with the expansion and enrichment of curricular offerings.
24+2.Subsection 1 does not preclude a regional education association from offering
25+additional services, including services to a district that is not a member of the regional
26+education association.
27+3.A regional education association may enter a contract with the superintendent of
28+public instruction to offer services.
29+SECTION 2. AMENDMENT. Section 54-44.4-02 of the North Dakota Century Code is
30+amended and reenacted as follows:
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332 SENATE BILL NO. 2353
4-(Senators Davison, Bekkedahl, Rummel)
5-(Representative Bosch)
6-AN ACT to amend and reenact sections 15.1-09.1-02.1 and 54-44.4-02 of the North Dakota Century
7-Code, relating to regional education associations.
8-BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9-SECTION 1. AMENDMENT. Section 15.1-09.1-02.1 of the North Dakota Century Code is amended
10-and reenacted as follows:
11-15.1-09.1-02.1. Regional education association - Services to be offered.
12-1.In order toTo be eligible for state funding, a regional education association mustshall offer the
13-following services to its member districts:
14-a.Coordination and facilitation of professional development activities for teachers and
15-administrators employed by its member districts;
16-b.Supplementation of technology support services;
17-c.Assistance with achieving school improvement goals identified by the superintendent of
18-public instruction;
19-d.Assistance with the collection, analysis, and interpretation of student achievement data;
20-and
21-e.Assistance with the expansion and enrichment of curricular offerings.
22-2.Subsection 1 does not preclude a regional education association from offering additional
23-services, including services to a district that is not a member of the regional education
24-association.
25-3.A regional education association may enter a contract with the superintendent of public
26-instruction to offer services.
27-SECTION 2. AMENDMENT. Section 54-44.4-02 of the North Dakota Century Code is amended and
28-reenacted as follows:
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56+23 Sixty-ninth
57+Legislative Assembly
2958 54-44.4-02. Office of management and budget purchasing services.
30-1.The office of management and budget shall purchase or lease or otherwise arrange for the
31-procurement, for all state agencies and institutions in the executive branch of state
32-government, all materials, furniture, fixtures, printing, insurance, services, and other
33-commodities. The International Peace Garden may participate in the procurement authorized
34-by this section. The following commodities and services, however, are not subject to the
35-procurement requirements of this chapter:
59+1.The office of management and budget shall purchase or lease or otherwise arrange
60+for the procurement, for all state agencies and institutions in the executive branch of
61+state government, all materials, furniture, fixtures, printing, insurance, services, and
62+other commodities. The International Peace Garden may participate in the
63+procurement authorized by this section. The following commodities and services,
64+however, are not subject to the procurement requirements of this chapter:
3665 1.a.Land, buildings, space, or the rental thereof.
3766 2.b.Telephone and telegraph service and electrical light and power services.
38-3.c.Public books, maps, periodicals, resource materials, and technical pamphlets. S. B. NO. 2353 - PAGE 2
39-4.d.Department of transportation materials, equipment, and supplies in accordance with
40-section 24-02-16.
41-5.e.Procurements by the industrial commission for energy-related programs under chapters
42-17-05, 54-17.5, 54-17.6, 54-17.7, 54-63, and 54-63.1 and under those statutes in title 38
43-authorizing the industrial commission to perform well and hole pluggings, reclamation
44-work, equipment removal, leak prevention, and similar work.
67+3.c.Public books, maps, periodicals, resource materials, and technical pamphlets.
68+4.d.Department of transportation materials, equipment, and supplies in accordance
69+with section 24-02-16.
70+5.e.Procurements by the industrial commission for energy-related programs under
71+chapters 17-05, 54-17.5, 54-17.6, 54-17.7, 54-63, and 54-63.1 and under those
72+statutes in title 38 authorizing the industrial commission to perform well and hole
73+pluggings, reclamation work, equipment removal, leak prevention, and similar
74+work.
4575 6.f.Services for the maintenance or servicing of equipment by the manufacturer or
46-authorized servicing agent of that equipment when the maintenance or servicing can best
47-be performed by the manufacturer or authorized service agent, or when such a contract
48-would otherwise be advantageous to the state.
49-7.g.Emergency purchases the office of management and budget or a purchasing agency
50-cannot make within the required time and which involve public health or public safety, or
51-when immediate expenditures are necessary for repairs of state property to protect it
52-against further loss or damage, or to prevent or minimize serious disruption in state
53-services.
54-a.(1)Emergency purchases made under this subsection must treat all bidders fairly and
55-promote competition as is practicable under the circumstances;
76+authorized servicing agent of that equipment when the maintenance or servicing
77+can best be performed by the manufacturer or authorized service agent, or when
78+such a contract would otherwise be advantageous to the state.
79+7.g.Emergency purchases the office of management and budget or a purchasing
80+agency cannot make within the required time and which involve public health or
81+public safety, or when immediate expenditures are necessary for repairs of state
82+property to protect it against further loss or damage, or to prevent or minimize
83+serious disruption in state services.
84+a.(1)Emergency purchases made under this subsection must treat all bidders
85+fairly and promote competition as is practicable under the circumstances;
5686 b.(2)The procurement file must contain a written determination of:
5787 (1)(a)The basis for the emergency; and
5888 (2)(b)The basis for the selection of the particular contractor.
59-c.(3)If the emergency circumstances warrant a noncompetitive purchase, the office of
60-management and budget or the purchasing agency shall document within the
61-procurement file a written determination of the basis for the noncompetitive
62-purchase, including the circumstances that justified the noncompetitive purchase.
63-d.(4)If the emergency purchase is subject to federal funding reimbursement, the office of
64-management and budget or the purchasing agency shall ensure the procurement
65-procedures and documentation are adequate to satisfy requirements for federal
66-reimbursement.
67-e.(5)If time allows, emergency purchases for commodities under this subsection may
68-require a sample for use in determining whether an offered product meets
69-specifications.
70-8.h.Commodities and services costing less than a specified amount as determined by written
71-directive by the director of the office of management and budget.
72-9.i.Specified commodities and services as determined by written directive by the director of
73-the office of management and budget.
74-10.j.Employee benefit services, trust-related services, and investment management services
75-obtained by an agency with a fiduciary responsibility regarding those services. Nothing in
76-this subsection may be construed to allow an agency to create or renew a contract
77-perpetually and without limitation.
78-11.k.Services to extract, tow, store, and dispose of abandoned or submerged vehicles as
79-defined in chapter 23.1-15.
80-12.l.Contracts by the agriculture commissioner for agricultural market news services under
81-cooperative agreements with the United States department of agriculture, ombudsmen
82-for pipeline restoration under section 4.1-01-17, environmental impact mitigation services S. B. NO. 2353 - PAGE 3
83-under section 4.1-01-21.1, ombudsmen for wind property issues under section 4.1-01-23,
84-weed control inspection agents under section 4.1-14-02, and hemp testing under section
85-4.1-18.1-04.2.
86-13.m.Contracts by the state auditor for audits of computer systems under section 54-10-29.
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122+c.(3)If the emergency circumstances warrant a noncompetitive purchase, the
123+office of management and budget or the purchasing agency shall document
124+within the procurement file a written determination of the basis for the
125+noncompetitive purchase, including the circumstances that justified the
126+noncompetitive purchase.
127+d.(4)If the emergency purchase is subject to federal funding reimbursement, the
128+office of management and budget or the purchasing agency shall ensure the
129+procurement procedures and documentation are adequate to satisfy
130+requirements for federal reimbursement.
131+e.(5)If time allows, emergency purchases for commodities under this subsection
132+may require a sample for use in determining whether an offered product
133+meets specifications.
134+8.h.Commodities and services costing less than a specified amount as determined
135+by written directive by the director of the office of management and budget.
136+9.i.Specified commodities and services as determined by written directive by the
137+director of the office of management and budget.
138+10.j.Employee benefit services, trust-related services, and investment management
139+services obtained by an agency with a fiduciary responsibility regarding those
140+services. Nothing in this subsection may be construed to allow an agency to
141+create or renew a contract perpetually and without limitation.
142+11.k.Services to extract, tow, store, and dispose of abandoned or submerged vehicles
143+as defined in chapter 23.1-15.
144+12.l.Contracts by the agriculture commissioner for agricultural market news services
145+under cooperative agreements with the United States department of agriculture,
146+ombudsmen for pipeline restoration under section 4.1-01-17, environmental
147+impact mitigation services under section 4.1-01-21.1, ombudsmen for wind
148+property issues under section 4.1-01-23, weed control inspection agents under
149+section 4.1-14-02, and hemp testing under section 4.1-18.1-04.2.
150+13.m.Contracts by the state auditor for audits of computer systems under section
151+54-10-29.
87152 14.n.Contracts by the attorney general with experts under section 10-33-145.
88-15.o.Contracts by the department of health and human services for online virtual mental
89-health and suicide prevention simulation-based training programs under subsection 28 of
90-section 50-06-05.1 and brain injury informal supports under section 50-06.4-07.
91-p.Contracts by the department of public instruction with a regional education association
92-under section 15.1 - 09.1 - 02.1.
93-2.All purchases made by the office of management and budget or a state agency or institution to
94-which authority to purchase has been delegated by the office of management and budget
95-must be made in accordance with this chapter, rules adopted under this chapter, and written
96-policies of the office of management and budget. S. B. NO. 2353 - PAGE 4
97-____________________________ ____________________________
98-President of the Senate Speaker of the House
99-____________________________ ____________________________
100-Secretary of the Senate Chief Clerk of the House
101-This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
102-Dakota and is known on the records of that body as Senate Bill No. 2353.
103-Senate Vote:Yeas 47 Nays 0 Absent 0
104-House Vote: Yeas 75 Nays 9 Absent 10
105-____________________________
106-Secretary of the Senate
107-Received by the Governor at ________M. on _____________________________________, 2025.
108-Approved at ________M. on __________________________________________________, 2025.
109-____________________________
110-Governor
111-Filed in this office this ___________day of _______________________________________, 2025,
112-at ________ o’clock ________M.
113-____________________________
114-Secretary of State
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186+15.o.Contracts by the department of health and human services for online virtual
187+mental health and suicide prevention simulation-based training programs under
188+subsection 28 of section 50-06-05.1 and brain injury informal supports under
189+section 50-06.4-07.
190+p.Contracts by the department of public instruction with a regional education
191+association under section 15.1 - 09.1 - 02.1.
192+2.All purchases made by the office of management and budget or a state agency or
193+institution to which authority to purchase has been delegated by the office of
194+management and budget must be made in accordance with this chapter, rules adopted
195+under this chapter, and written policies of the office of management and budget.
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