54-46.1 Central Microfilm Unit
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state office, agency, or department in either the executive, legislative, or judicial branch of state
government, if the administrator determines the cost of the microfilming is reasonable in relation
to the record's historical significance or the frequency and type of use of the record. If the
administrator and the office of management and budget determine that the services called for in
this chapter can be provided more efficiently and economically through contracting with private
contractors, the administrator may enter into such contracts or require an agency to use the
services of a contractor as allowed by section 54-46.1-05. Release of records to a contractor for
microfilming under this section or section 54-46.1-05 is not a violation of section 12.1-13-01,
54-46.1-07, or any other law that provides for any civil or criminal penalty for the release of
certain records. A contractor hired by the administrator under this section or by an agency under
section 54-46.1-05 may not disclose any information from any record, disclose any record the
contractor receives for microfilming services, or make or retain a copy or other reproduction of a
record not required by the contract to be made. Any contractor hired by the administrator under
this section or by an agency under section 54-46.1-05 is subject to the penalties provided by law
for unauthorized release of public records, and the contractor must agree to fully comply with all
applicable state or federal laws or rules prohibiting release of public records.Each office,agency, and department shall reimburse the central microfilm unit for the actual costs incurred in
microfilming its records. The administrator shall deposit moneys received under this section in
the information technology operating account.The administrator shall employ professional,technical, and clerical personnel as the administrator determines to be necessary to carry out the
duties prescribed in this chapter and, within the limits of the legislative appropriation, shall fix the
salaries of all employees within the central microfilm unit.All personnel within the centralmicrofilm unit must be allowed their actual and necessary travel expenses at the same rate as for
other employees of the state. The administrator may perform microfilm services for any state
institution and for any county, when the institution or county requests such services and the
administrator agrees that the request is consistent with good records management practices.54-46.1-02. Transfer of equipment - Exception - Alternative services. Repealed byS.L. 1991, ch. 614,