CHAPTER 1-18C
STATE ARCHIVES
1-18C-1 Definition of terms.
1-18C-2 The state archives established.
1-18C-3 State archivist--Appointment and compensation.
1-18C-4 Duty of archivist--Policies and procedures.
1-18C-5 Archivist--Official custodian--Duties.
1-18C-5.1 Promulgation of rules for printing permanent public records on permanent paper.
1-18C-6 Employment of additional personnel.
1-18C-7 Acquisition of records submitted to records destruction board.
1-18C-8 Archivist--Receipts for acquisitions--Copies.
1-18C-9 Safeguarding of restricted records.
1-18C-10 Availability of archival resources to public and state agencies--Protection and preservation.
1-18C-11 Publications authorized--Price.
1-18C-12 Promulgation of rules.
1-18C-1. Definition of terms.
Terms as used in this chapter mean:
(1) "Agency head," the chief or principal official or representative in any such agency, or the presiding judge of any state court, by whatever title known;
(2) "Agency records," any book, document, paper, photograph, microfilm, sound recording, or other material, regardless of physical form or characteristics, made or received pursuant to law, charter, ordinance, or other authority, in connection with the transaction of official business and which is normally maintained within the custody or control of a state agency;
(3) "Archival resources," those noncurrent state 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 usage appropriate to document the organization, function, policies, and transactions of state government;
(4) "State agency," any department, division, office, commission, court, board, or any other unit or body, however designated, of the state government. The provisions of this chapter do not extend to agencies of county and municipal government unless the records of county or municipal agencies are in danger of deterioration, destruction, or loss and unless the state archivist is willing and able to receive county or municipal records.
Source: SL 1975, ch 24, § 1; SL 2009, ch 1, § 41.
1-18C-2. The state archives established.
There is established in the South Dakota State Historical Society the state archives. The state archives constitutes one program within the South Dakota State Historical Society in the Department of Education.
Source: SL 1975, ch 24, §§ 2, 3; SL 1987, ch 393 (Ex. Ord. 87-4), § 17; SL 2003 ch 272 (Ex. Ord. 03-1), § 80; SL 2009, ch 1, § 42; SL 2011, ch 1 (Ex. Ord. 11-1), § 69, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1), §§ 19, 21, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
1-18C-3. State archivist--Appointment and compensation.
The state archives shall be administered by a state archivist who shall be appointed by the secretary of the Department of Education, subject to the Governor's approval, and shall serve at the pleasure of the secretary. Compensation for the state archivist shall be determined according to guidelines established by the Bureau of Human Resources and Administration and within the limits of available appropriations.
Source: SL 1975, ch 24, § 3; SL 1979, ch 353, § 13; SL 1987, ch 393 (Ex. Ord. 87-4), § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 80; SL 2011, ch 1 (Ex. Ord. 11-1), § 91, eff. Apr. 12, 2011; SL 2012, ch 23, § 89; SL 2015, ch 277 (Ex. Ord. 15-1), § 21, eff. Apr. 20, 2015; SL 2024, ch 1 (Ex. Ord. 24-1), § 35, eff. Apr. 8, 2024.
1-18C-4. Duty of archivist--Policies and procedures.
The state archivist shall administer the state archives and in so doing shall formulate policies, establish organizational and operational procedures, and exercise general supervision pursuant to the objectives and purposes of the state archives.
Source: SL 1975, ch 24, § 4; SL 1987, ch 393 (Ex. Ord. 87-4), § 17; SL 2009, ch 1, § 43.
1-18C-5. Archivist--Official custodian--Duties.
The archivist is the official custodian of the archival resources of the state and shall assemble, preserve, and service the permanently valuable records of the state. The archivist shall receive all records transferred to the archives for permanent retention and negotiate for the transfer of any records in the custody of a state agency. Subject to appropriate restrictions, the archivist shall make any records in custody available to serve the administrative and informational needs of state government and the people of the State of South Dakota.
Source: SL 1975, ch 24, § 5; SL 2009, ch 1, § 44; SL 2021, ch 7, § 29.
1-18C-5.1. Promulgation of rules for printing permanent public records on permanent paper.
The State Historical Society Board of Trustees shall, pursuant to chapter 1-26, promulgate rules to require any state agency publishing a document meant to be a permanent public record to print the document on a permanent type of paper and to specify the type of permanent paper to be used for each document. The state agency shall note the use of such paper in each document.
Source: SL 1991, ch 52, § 2; SL 1993, ch 15; SL 2011, ch 2, § 106.
1-18C-6. Employment of additional personnel.
Within limits of available appropriations and according to guidelines established by the Bureau of Human Resources and Administration, the secretary of education may hire additional trained personnel in order to more efficiently index, catalog, and otherwise make accessible to state agencies and the public the permanently valuable records in the custody of the state archives.
Source: SL 1975, ch 24, § 11; SL 1979, ch 353, § 14; SL 1987, ch 393 (Ex. Ord. 87-4), § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 80; SL 2009, ch 1, § 45; SL 2011, ch 1 (Ex. Ord. 11-1), § 91, eff. Apr. 12, 2011; SL 2012, ch 23, § 90; SL 2015, ch 277 (Ex. Ord. 15-1), § 21, eff. Apr. 20, 2015; SL 2024, ch 1 (Ex. Ord. 24-1), § 35, eff. Apr. 8, 2024.
1-18C-7. Acquisition of records submitted to records destruction board.
The archivist may acquire, in total or in part, any records, regardless of physical characteristics, which have been submitted to the records destruction board for final disposition if such material is determined to be of informational or historical significance by the archivist.
Source: SL 1975, ch 24, § 6; SL 2009, ch 1, § 46.
1-18C-8. Archivist--Receipts for acquisitions--Copies.
The archivist shall prepare receipts for any archival resources acquired under the provisions of this chapter, and shall deliver one copy to the agency head from which the records were obtained and retain one or more copies for use in the state archives.
Source: SL 1975, ch 24, § 9; SL 1987, ch 393 (Ex. Ord. 87-4), § 17; SL 2009, ch 1, § 47; SL 2021, ch 7, § 30.
1-18C-9. Safeguarding of restricted records.
The archivist shall take all precautions necessary to ensure that records placed in the archivist's custody, the use of which is restricted by law or for reasons of security and the public interest, are inspected, surveyed, or otherwise used only in accordance with law and the rules imposed by the archivist in consultation with the agency of origin.
Source: SL 1975, ch 24, § 8; SL 2009, ch 1, § 48.
1-18C-10. Availability of archival resources to public and state agencies--Protection and preservation.
The archivist shall make archival resources under the archivist's supervision available to state agencies and to the public at reasonable times, subject to appropriate restrictions. The archivist shall carefully protect and preserve such materials from deterioration, destruction, or loss through application of appropriate techniques for preserving archival and library materials.
Source: SL 1975, ch 24, § 11; SL 2009, ch 1, § 49.
1-18C-11. Publications authorized--Price.
The archivist may publish archival material, reports, bulletins, and other publications which will further the objectives of the Office of State Archivist and the state archives. The archivist shall, consistent with existing laws, establish the price at which publications may be sold or delivered.
Source: SL 1975, ch 24, § 12; SL 1987, ch 393 (Ex. Ord. 87-4), § 17; SL 2009, ch 1, § 50.
1-18C-12. Promulgation of rules.
The State Historical Society Board of Trustees shall promulgate rules, pursuant to chapter 1-26, to establish procedures for review, disposition, and storage of historical governmental documents having permanent value.
Source: SL 1975, ch 24, § 13; SL 1985, ch 8, § 2; SL 2009, ch 1, § 51.