54-46-02. Definitions.
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/nd/title-54/chapter-54-46-records-management/54-46-02·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this chapter, unless the context or subject matter otherwise requires:
1. "Agency" means any department, office, commission, board, or other unit, however
designated, of the executive branch of state government, including the state board of
higher education and the entities under the control of the state board of higher
education.
2. "Data" does not include malware or regulated information as defined under section
54-59.1-01.
3. "Departmental agency" means an agency, not including a board or commission as
defined by titles 4.1 and 43.
4. "Record" means document, book, paper, photograph, electronic mail or
communication, sound recording or other material, regardless of physical form or
characteristics, made or received pursuant to law or in connection with the transaction
of official business activities, policies, or decisions that provide administrative,
operational, fiscal, historical, audit, or business value. Library and museum material
made or acquired and preserved solely for reference or exhibition purposes, extra
copies of documents preserved only for convenience of reference, nonbusiness-
related or draft electronic messages and stocks of publications and of processed
documents are not included within the definition of records as used in this chapter.
5. "State record" means:
a. A record of a department, office, commission, board, or other agency, however
designated, of the state government.
b. A record of the state legislative assembly held by an agency.
c. A record of any court of record, whether of statewide or local jurisdiction.
d. Any other record designated or treated as a state record under state law.