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HB 1121

Public nuisance; definition; remedies; cause of action; effective date.

2025 Regular Session Introduced by Mark Lepak

Raises the plan/specification procurement thresholds for public improvements: requires architect/engineer plans at $200,000 (general) and $1,000,000 for pre‑engineered structures.

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Bill Summary · HB 1121

HB 1121 — North Dakota (Sixty‑ninth Legislative Assembly)

A bill to amend and reenact section 48‑01.2‑01 and subsection 1 of section 48‑01.2‑02.1 of the North Dakota Century Code — changing the dollar thresholds that trigger the procurement of plans, drawings, and specifications from a registered architect or engineer for public improvement projects.

Main purpose

Raise/clarify statutory thresholds that determine when a public entity must obtain architect or engineer plans and specifications for construction projects. The bill updates definitions and sets distinct thresholds for (a) general public improvements and (b) pre‑engineered structures.

Key provisions

  • Amends NDCC 48‑01.2‑01 (definitions):
    • Adds/updates several definitions used throughout Chapter 48‑01.2, including definitions for terms such as “pre‑engineered structure,” “construction,” “construction manager,” and “subcontractor.” (Text reorganizes and clarifies defined terms used in public improvement procurement and project delivery.)
  • Amends NDCC 48‑01.2‑02.1(1) (thresholds):
    • Sets the bidding threshold for construction of a public improvement at $200,000.
    • Establishes the threshold for procuring plans, drawings, and specifications from an architect or engineer:
    • Public improvements: $200,000.
    • Pre‑engineered structures to be constructed as public improvements: $1,000,000.
  • Other drafting/formatting adjustments to cross‑references and numbering within the chapter.

Who would be affected

  • State agencies and political subdivisions (counties, cities, school districts, park districts, etc.) that oversee public building and infrastructure projects.
  • Architects, engineers, landscape architects and design professionals — fewer projects under the thresholds would require their stamped plans/specifications.
  • Contractors and construction managers — potential changes to competitive procurement requirements and contract packaging for smaller projects.
  • Local taxpayers and project owners — potential cost and timing impacts on design procurement and project delivery.

Potential impacts

  • Administrative and cost effects:
    • Projects below $200,000 could proceed without formally procuring architect/engineer plans under the statutory procurement trigger, potentially reducing design costs and procurement time for small public projects.
    • Raising the plan requirement threshold for pre‑engineered structures to $1,000,000 may allow more smaller pre‑engineered buildings (e.g., storage or simple shelters) to be delivered without architect/engineer procurement under this statute; however, applicable building codes and other regulatory requirements (e.g., stamp/inspection) still apply.
  • Quality and liability:
    • Reduced mandatory use of licensed design professionals for smaller projects could lower upfront cost but may increase risks related to design adequacy, code compliance, or long‑term maintenance.
  • Budgetary:
    • Potential short‑term savings on professional services for smaller projects; possible longer‑term maintenance/repair cost implications if design oversight is reduced.

Legislative status & timeline

  • Introduced by the Government and Veterans Affairs Committee at the request of the Parks and Recreation Department (bill text captioned for the Sixty‑ninth Legislative Assembly).
  • Bill Information supplied lists: Introduced Nov 12, 2024; Status — Second reading, failed to pass (yeas 3, nays 90).
    • (Note: multiple documents with the same bill number from other states/years were included in the source materials. This summary treats the enclosed North Dakota bill text and the ND legislative metadata as the controlling record.)

Notes

  • The bill text specifies the amended statutory sections and dollar amounts ($200,000 and $1,000,000) but does not include an express effective date in the excerpt provided; effective date would follow standard state enactment provisions unless otherwise stated.

Compiled from official sources — confirm details with the bill’s official record.

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