AN ACT to amend and reenact subsection 5 of section 32-12.2-15 of the North Dakota Century Code, relating to contracts limiting liability to the state.
Senate Bill No. 2072 amends and reenacts subsection 5 of section 32-12.2-15 of the North Dakota Century Code. The bill allows state agencies to purchase routine or standardized products that may contain adhesive contract terms in shrink wrap documents, third-party end user licenses, or click-through agreements, even if these terms are not consistent with existing state law. This is permissible if the agency, in consultation with the attorney general's office and the office of management and budget, determines that the purchase does not pose a reasonable risk of imposing improper contractual obligations against the agency or of incurring losses that cannot be limited under the law, considering the product's intended use, including data and system security.
The bill modifies the existing legal framework governing state contracts by providing more flexibility for state agencies in procuring commercially available products. It specifically addresses the liability limitations for contracts that include adhesive terms, which are common in consumer products. This change is expected to streamline the purchasing process for state agencies, allowing them to acquire necessary products without being hindered by stringent contract terms that may not align with state law, thus potentially reducing administrative burdens and costs.
The sentiment surrounding SB2072 appears to be overwhelmingly positive, as evidenced by the unanimous votes in both the Senate (46-0) and the House (91-0). This indicates strong bipartisan support for the bill, suggesting that lawmakers view the amendments as beneficial for state operations and procurement processes.
There are no notable points of contention reported in the discussions or voting history for SB2072. The unanimous support in both legislative chambers indicates a consensus among lawmakers regarding the necessity and appropriateness of the amendments proposed in the bill.