# Title 55 — State Historical Society and State Parks

## 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 agency of origin and which the state archivist
determines to have permanent value for research, reference, or other use appropriate to
document the organization, function, policies, and 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 supervision of the director, and any other personnel
necessary to administer this chapter. The compensation of personnel employed by the director
must be set within the limits of legislative 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
and advise in the establishment of programs for the selection and preservation of local
records.
2. Give advice and assistance on problems concerning archival resources to any
legislative, executive, or judicial officer of the state or any political subdivision of the
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
resources.
5. Assess, assemble, catalog, house, preserve, and service the archival resources of the
state.
6. Make the archival resources in the custody of the state archivist available to serve the
administrative and informational needs of state and local government and the 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
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 into agreements with the state universities or any other
public or quasi-public or private institutions, agencies, or corporations to serve as depositories
of regional archival resources. The agreements must specify the area to be served by the
depositories and the method of assessing, cataloging, housing, preserving, and servicing
materials placed by the state archivist in the regional depositories. The state archivist may
deposit in regional depositories, with title remaining with the state historical society, the records
of state agencies or their district or regional offices which are primarily located in the geographic
area serviced by the depository. All archival resources from central departments, offices, and
agencies must be placed in the main archives in the heritage center in Bismarck under the state
historical society's immediate jurisdiction. However, the state archivist may place archival
resources temporarily at a regional depository. The state archivist may take any steps deemed
necessary to provide for the safety of archival resources and other articles and materials
entrusted to the archivist's custody in the archives, including temporary removal to safer
locations, as may be dictated by any disaster emergency situation.

### § 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, one copy to the person or agency from
which the archival resources were obtained, and shall 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 of which is restricted by or pursuant to law or for reasons
of security and public interest, must be inspected, surveyed, or otherwise used only in
accordance with law and regulations adopted by the state archivist in consultation with the
person or agency of origin. No public record of any governmental entity may be placed in the
custody of the state archivist under access or use 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 archivist available to public agencies and the public at reasonable times,
subject to appropriate restrictions and regulations. Should any college or university library in this
state request records found to be archival resources under section 54-46-08.1, duplicate copies
of specified records shall be made available under mutually agreed-upon terms. The state
archivist shall carefully protect and preserve archival resources from deterioration, destruction,
or loss through application of appropriate techniques for preserving archival and library
materials.
### § 55-02.1-09. Adoption of rules.

Chapter 28-32 applies to regulations adopted by the state archivist.
