CHAPTER 55-02.1
ARCHIVAL RESOURCES AND STATE ARCHIVIST
55-02.1-01. Archival resources defined. As used in this chapter, "archival resources"
means those noncurrent public records which are no longer essential to the functioning of the<br>agency of origin and which the state archivist determines to have permanent value for research,<br>reference, or other use appropriate to document the organization, function, policies, and<br>transactions of government.
55-02.1-02. State archivist - Compensation. The director of the state historical society
shall employ an archivist in the position of state archivist, who must be under the general<br>supervision of the director, and any other personnel necessary to administer this chapter. The<br>compensation of personnel employed by the director must be set within the limits of legislative<br>appropriations.
55-02.1-03. Duties of state archivist. The state archivist shall:
1.
Establish and maintain a program for the selection and preservation of state records<br>and advise in the establishment of programs for the selection and preservation of<br>local records.
2.
Give advice and assistance on problems concerning archival resources to any<br>legislative, executive, or judicial officer of the state or any political subdivision of the<br>state when so requested.
3.
Be the official custodian of the archival resources of the state.
4.
Receive all records transferred to the state archivist for retention as archival<br>resources.
5.
Assess, assemble, catalog, house, preserve, and service the archival resources of<br>the state.
6.
Make the archival resources in the custody of the state archivist available to serve<br>the administrative and informational needs of state and local government and the<br>people of the state.
55-02.1-04. Authority of state archivist concerning records from private sources.
The state archivist may negotiate for, acquire, and receive records, writings, and illustrative<br>materials of permanent value from nonpublic sources for research and reference purposes.
55-02.1-05.
Depositories of archival resources. The state historical society is the
depository of the archival resources of the state. However, the state historical society may enter<br>into agreements with the state universities or any other public or quasi-public or private<br>institutions, agencies, or corporations to serve as depositories of regional archival resources.<br>The agreements must specify the area to be served by the depositories and the method of<br>assessing, cataloging, housing, preserving, and servicing materials placed by the state archivist<br>in the regional depositories. The state archivist may deposit in regional depositories, with title<br>remaining with the state historical society, the records of state agencies or their district or<br>regional offices which are primarily located in the geographic area serviced by the depository. All<br>archival resources from central departments, offices, and agencies must be placed in the main<br>archives in the heritage center in Bismarck under the state historical society's immediate<br>jurisdiction. However, the state archivist may place archival resources temporarily at a regional<br>depository. The state archivist may take any steps deemed necessary to provide for the safety of<br>archival resources and other articles and materials entrusted to the archivist's custody in the<br>archives, including temporary removal to safer locations, as may be dictated by any disaster<br>emergency situation.
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55-02.1-06. Receipts for archival resources. The state archivist shall prepare receipts
for any archival resources acquired and shall deliver one copy to the state records administrator,<br>one copy to the person or agency from which the archival resources were obtained, and shall<br>retain one copy.
55-02.1-07.
Safeguarding of restricted records.
The state archivist shall take all
precautions necessary to ensure that records placed in the custody of the state archivist, the use<br>of which is restricted by or pursuant to law or for reasons of security and public interest, must be<br>inspected, surveyed, or otherwise used only in accordance with law and regulations adopted by<br>the state archivist in consultation with the person or agency of origin. No public record of any<br>governmental entity may be placed in the custody of the state archivist under access or use<br>restrictions in violation of section 44-04-18.
55-02.1-08.
Availability of archival resources to the public.
Subject to section
55-02.1-07, the state archivist shall make archival resources under supervision of the state<br>archivist available to public agencies and the public at reasonable times, subject to appropriate<br>restrictions and regulations. Should any college or university library in this state request records<br>found to be archival resources under section 54-46-08.1, duplicate copies of specified records<br>shall be made available under mutually agreed-upon terms. The state archivist shall carefully<br>protect and preserve archival resources from deterioration, destruction, or loss through<br>application of appropriate techniques for preserving archival and library materials.
55-02.1-09. Adoption of rules. 28-32 applies to regulations adopted by the
state archivist.
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Document Outline
chapter 55-02.1 archival resources and state archivist
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