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.
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