2016 North Dakota Century Code Title 55 State Historical Society and State Parks Chapter 55-01 State Historical Society
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TITLE 55
STATE HISTORICAL SOCIETY AND STATE PARKS
CHAPTER 55-01
STATE HISTORICAL SOCIETY
55-01-00.1. Definitions.
As used in this chapter, unless the context otherwise requires:
1. "Artifact" means an item that is produced, shaped, used, or selected by humans.
2. "Board" means the state historical board.
3. "Collections" means artifacts or documents acquired and preserved because of the
potential value of the artifacts or documents as examples, reference material, or
objects of aesthetic or educational importance.
4. "Director" means the chief executive and administrative officer of the state historical
society.
5. "Society" means the state historical society of North Dakota.
55-01-01. State historical board.
The board consists of twelve members, seven of whom are appointed by the governor.
Each member appointed to the board must be a citizen and resident of the state. Appointments
are for a term of three years from the first day of July to the thirtieth day of June of the third year
or until a successor has been appointed and qualified. Vacancies occurring other than by the
expiration of an appointive term must be filled by appointment for the remainder of the term only
in the same manner as regular appointments. The remaining five members of the board are the
secretary of state, director of the parks and recreation department, director of the department of
transportation, commissioner of commerce, and state treasurer, each of whom may appoint a
designee to attend meetings with full voting privileges. The board shall select from its
membership a president, vice president, and secretary to serve as officers of the board.
55-01-01.1. State historical society.
The state historical society of North Dakota is created as an agency of the executive branch
which is under the supervision and control of the board.
55-01-02. State historical board - Powers - Limitations.
The board may:
1. Faithfully expend and apply all money received from the state to the uses and
purposes directed by law.
2. Hold all present and future historical collections and property of the society for the
state.
3. Dispose of or transfer any articles in the collections it deems appropriate. However, the
board may not make any disposal or transfer before hearing an assessment of any
proposed disposal or transfer by the director of the state historical society. Disposal or
transfer is to be by any appropriate means, including sale or exchange. The proceeds
from the sale of articles must be deposited in the state treasury in a special revolving
fund. All moneys in the fund are appropriated on a continuing basis for the purchase
and care of other items for the collections. Unless other conditions are specified in a
deed or gift, a reasonable attempt must be made to return articles to the original donor
before disposal by any other means.
4. Permit withdrawal from its collections and property of any articles needed for exhibition
purposes under rules prescribed by the board.
5. Permit the withdrawal of books and collections from the library and museum
temporarily under rules prescribed by the board.
6. Select and appoint a director to carry out the policies and directives of the board.
7. Acquire in behalf of the state of North Dakota lands, materials, and easements for
historical purposes by lease, purchase, or gift.
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8.
Set aside for historical purposes all lands owned by the state and not held or acquired
for some other purpose.
9. Administer all lands, materials, and easements held for historical purposes as trustees
for the state.
10. Administer all lands, materials, and easements held for historical purposes as an
agent of the national park service, bureau of reclamation, corps of engineers, or any
other division of federal, state, or local government.
11. Establish standards by the adoption of rules to create classes of membership in the
society, to determine the qualifications of any class of membership, to set forth the
fees for membership, and to provide for membership benefits.
12. Formulate and execute projects to preserve and enhance sites of historical importance
in the Yellowstone-Missouri Rivers confluence area with funding from legislative
appropriations, public grants, and private grants.
The board may not sell, mortgage, transfer, or dispose of any of its collections or property
except as authorized by law.
55-01-02.1. Society to have jurisdiction over heritage center.
The society has jurisdiction over the administration and operations of the North Dakota
heritage center building. The director of the office of management and budget is responsible for
maintenance of the heritage center building. The society shall maintain the collections displayed
and stored at the heritage center and shall provide, or arrange, for the security of those
collections. The society shall establish a policy that authorizes the consumption of alcoholic
beverages, including distilled spirits as defined in section 5-01-01, at the heritage center during
an event that is open only to invited guests and if the alcoholic beverages are dispensed by a
qualified alcoholic beverage licensee.
55-01-03. Meetings - When held - Quorum - Compensation and expenses of members.
The board shall meet at the call of the president not less than every three months and
seven members constitute a quorum. The members of the board not appointed by the governor
may receive no additional compensation for service upon the board but must be paid their
expenses when engaged in the discharge of their official duties as members of the board, in the
same manner and amounts as other state officers are paid, from funds appropriated to the
society.
55-01-04. Acceptance of gifts, grants, devises, bequests, donations, and assignments
- Deposited with the state treasurer - How expended.
The society may only receive and accept any grant, devise, bequest, donation, gift, or
assignment of money, bonds, choses in action, or any property for any purpose consistent with
the statutory responsibilities of the society. The society must receive and accept the same, and
the right and title thereto, in the name of the state. All moneys coming into the hands of the
society as donations, gifts, grants, and bequests, unless by the terms of the donation, gift, grant,
or bequest the moneys are required to be maintained in another manner, must be maintained
within the state treasury. All rent, interest, or income from land, money, or property received by
the society by donation, gift, grant, or bequest must also be maintained within the state treasury
unless by the terms of acquisition the moneys are required to be maintained in a different
manner. The moneys must be paid out for the purposes prescribed by the donor as authorized
by the board by warrant-check prepared by the office of management and budget.
55-01-05. Land acquired for historical purposes - Title - Placed in custody of county
historical societies.
When land is contributed or purchased for historical purposes, the title must vest in the state
of North Dakota. The land may be placed in the custody of the county historical societies of the
respective counties in which the sites are located and may be improved and used for the
accumulation and care of relics of historical interest. When it appears that the use and purpose
of the land is a matter of primarily local or regional interest, the state historical society may,
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upon such terms, conditions, and consideration as the state historical board may require,
transfer and convey the land to a political subdivision or nonprofit corporation where the interest
lay.
55-01-06. Historical collections - Loan to county historical societies - Preservation.
When historical collections or materials are contributed or purchased by the state, they must
be placed in the custody of the society, and those of a local historical nature may be loaned to
the county historical societies when proper provision has been made for their care and
preservation and when the county historical society is duly organized and affiliated as provided
in section 11-11-53.
55-01-07. Claims incurred by society - How paid.
All bills or claims against the state, arising by reason of expenditures authorized by the
society for the purposes provided by law, must be submitted on vouchers to the office of the
budget for approval and paid by warrant-check prepared by the office of management and
budget.
55-01-08. Appropriation for maintenance of Roosevelt cabin - Authorization to
transfer cabin to national park service.
Repealed by S.L. 2001, ch. 503, § 57.
55-01-09. North Dakota heritage study committee - Display area.
Repealed by S.L. 1979, ch. 93, § 1; 1979, ch. 550, § 15.
55-01-10. Exchange of lands with other divisions of state government.
Upon authorization by the board, the society may transfer and convey certain lands held by
the society to another agency of the state in exchange for lands held by the other agency, and
the other agency may make the necessary conveyance to transfer and convey lands held by it
to the society to effect the exchange. The transfers may be made at any time the board and
another agency deem an exchange to be mutually advantageous.
55-01-11. State historical society responsible for the Camp Hancock museum.
The society shall maintain, supervise, and promote the Camp Hancock museum in the city
of Bismarck.
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