TITLE 1: GENERAL PROVISIONS
CHAPTER II: JOINT COMMITTEE ON ADMINISTRATIVE RULES
PART 255 DISTRIBUTION OF DATABASE INFORMATION

Section 255.10 Purpose

Section 255.20 Procedures and Fees for Requesting Electronically Stored Data


AUTHORITY: Implementing Section 5-80 and authorized by Section 5-135 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1005-80 and 1005-135) [5 ILCS 100/5-80 and 135] (see P.A. 88-535, effective January 26, 1994).


SOURCE: Emergency rules adopted at 18 Ill. Reg. 5359, effective March 22, 1994, for a maximum of 150 days; adopted at 18 Ill. Reg. 13063, effective August 16, 1994.

 

Section 255.10  Purpose

 

In accordance with PA 88-535, the purpose of this Part is to insure that the electronically stored database of the Illinois Register and the Illinois Administrative Code (database) is made available in an electronically stored medium to those who request it.

 

Section 255.20  Procedures and Fees for Requesting Electronically Stored Data

 

a)         The Illinois Administrative Code, in its entirety and by individual Titles, and the Illinois Register shall be made available to the public, for a reasonable fee as established in subsection (e) below, in an electronically stored medium.  Updates of the Illinois Administrative Code shall also be made available from time to time for a reasonable fee as described in subsection (e) below.

 

b)         All requests for electronically stored database materials shall be submitted in writing to the Executive Director of the Joint Committee on Administrative Rules (JCAR), at 700 Stratton Bldg., Springfield IL 62706 and shall contain the name, address and telephone number of the requestor.  Persons wanting further information can contact JCAR at 217-785-2254.

 

c)         The Director shall determine the following, depending upon the technical capabilities of the LIS system, the availability of JCAR and LIS staff resources and the availability of LIS computer time:

 

1)         the extent of the database materials to be released;

 

2)         the timing of the release (i.e., the materials being transferred are current as of a specified date); and

 

3)         the electronic format and storage medium of the release.

 

d)         All persons, corporations, associations or entities that request electronically stored materials from the database shall sign a Database Distribution Agreement.

 

e)         The fee for electronically stored materials from the database shall be $300 per megabyte or part of a megabyte, without proration.

 

f)         Payment by check or money order is required in advance of transfer of the database materials.  Revenues will be deposited in the General Assembly Computer Equipment Revolving Fund.  Payment is not refundable.

 

g)         The Director shall determine the frequency of the availability of database updates.

 

h)         The requestor shall supply postage paid mailing supplies or access to an express mailing account for mail delivery of database materials.  The requestor shall supply the medium, designated by the Director, for the electronic transfer.  If technical capabilities of LIS and the requestor allow, the Director may provide for direct transfer of database material without the use of an intermediary medium.

 

i)          JCAR shall require any person who obtains electronically stored database materials from JCAR and publishes or otherwise distributes the contents to deliver to JCAR without charge, immediately upon publication, at least one copy of the publication in the same form in which it is published, whether in print, electronic, or other medium.

 

j)          If the requestor intends to distribute the electronically stored database information to a third party, and edits or otherwise changes the text of the database or determines that changes in the database are necessary, the requestor shall notify JCAR in writing of each change.

 

k)         The electronically stored database information is for the sole use of the requestor.  The database shall not be resold or otherwise provided to any other individual or entity for distribution to end users except the requestor may use the database for the intended purpose of disseminating the Illinois Administrative Code or parts thereof, or the Illinois Register, to its customers or subscribers for their end use, in print, electronic or other medium.  The requestor may not use the Database materials for any other purpose except with the written consent of JCAR and for reasonable consideration to be based on the nature of the requested use.