Public Act 094-0480
 		





HB2580 Enrolled
LRB094 07710 MKM 37886 b






    AN ACT concerning utilities.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Criminal Identification Act is amended  by 
changing Section 3 as follows:
 



    (20 ILCS 2630/3)  (from Ch. 38, par. 206-3)



    Sec. 3. Information to be furnished peace officers and 
commanding officers
of certain military installations in 
Illinois.

    (A) The Department shall file or cause to be filed all 
plates,
photographs, outline pictures, measurements, 
descriptions and information
which shall be received by it by 
virtue of its office and shall make a
complete and systematic 
record and index of the same, providing thereby a
method of 
convenient reference and comparison. The Department shall

furnish, upon application, all information pertaining to the 
identification
of any person or persons, a plate, photograph, 
outline picture, description,
measurements, or any data of 
which there is a record in its office. Such
information shall 
be furnished to peace officers of the United States, of other

states or territories, of the Insular possessions of the United 
States, of
foreign countries duly authorized to receive the 
same, to all peace officers of
the State of Illinois, to 
investigators of the Illinois Law Enforcement
Training 
Standards Board and, conviction information only, to units
of 
local government, school districts and private organizations, 
under the
provisions of
Section 2605-10, 2605-15, 2605-75, 
2605-100, 2605-105, 2605-110,
2605-115, 2605-120, 2605-130, 
2605-140, 2605-190, 2605-200, 2605-205, 2605-210,
2605-215, 
2605-250, 2605-275, 2605-300, 2605-305, 2605-315, 2605-325, 
2605-335,
2605-340,
2605-350, 2605-355, 2605-360, 2605-365, 
2605-375, 2605-390, 2605-400, 2605-405,
2605-420,
2605-430, 
2605-435, 2605-500, 2605-525, or 2605-550 of the Department of 
State
Police Law (20 ILCS 2605/2605-10, 2605/2605-15,

2605/2605-75,
2605/2605-100, 2605/2605-105, 2605/2605-110, 
2605/2605-115,
2605/2605-120, 2605/2605-130, 2605/2605-140, 
2605/2605-190, 2605/2605-200,
2605/2605-205, 2605/2605-210, 
2605/2605-215, 2605/2605-250, 2605/2605-275,
2605/2605-300,

2605/2605-305, 2605/2605-315, 2605/2605-325, 2605/2605-335, 
2605/2605-340,
2605/2605-350, 2605/2605-355, 2605/2605-360,

2605/2605-365, 2605/2605-375, 2605/2605-390,
2605/2605-400, 
2605/2605-405, 2605/2605-420, 2605/2605-430, 2605/2605-435,

2605/2605-500, 2605/2605-525, or 2605/2605-550).
Applications 
shall be in writing and accompanied by a certificate, signed by

the peace officer or chief administrative officer or his 
designee making such
application, to the effect that the 
information applied for is necessary in the
interest of and 
will be used solely in the due administration of the criminal

laws or for the purpose of evaluating the qualifications and 
character of
employees, prospective employees, volunteers, or 
prospective
volunteers of units of local government, school 
districts, and private
organizations, or for the purpose of 
evaluating the character of persons who may be granted or 
denied access to municipal utility facilities under Section 
11-117.1-1 of the Illinois Municipal Code.

    For the purposes of this subsection, "chief administrative 
officer" is
defined as follows:


        a) The city manager of a city or, if a city does not 
    employ a city
manager,
the mayor of the city.


        b) The manager of a village or, if a village does not 
    employ a manager,
the president of the village.


        c) The chairman or president of a county board or, if a 
    county has adopted
the county executive form of government, 
    the chief executive officer of the
county.


        d) The president of the school board of a school 
    district.


        e) The supervisor of a township.


        f) The official granted general administrative control 
    of a special
district, an authority, or organization of 
    government establishment by law
which may issue 
    obligations and which either may levy a property tax or may

    expend funds of the district, authority, or organization 
    independently of any
parent unit of government.


        g) The executive officer granted general 
    administrative control of a
private organization defined 
    in Section 2605-335 of the Department of State Police Law 
    (20 ILCS 2605/2605-335).

    (B) Upon written application and payment of fees authorized 
by this
subsection, State agencies and units of local 
government, not including school
districts, are authorized to 
submit fingerprints of employees, prospective
employees and 
license applicants to the Department for the purpose of 
obtaining
conviction information maintained by the Department 
and the Federal Bureau of
Investigation about such persons.  The 
Department shall submit such
fingerprints to the Federal Bureau 
of Investigation on behalf of such agencies
and units of local 
government.  The Department shall charge an application fee,

based on actual costs, for the dissemination of conviction 
information pursuant
to this subsection.  The Department is 
empowered to establish this fee and
shall prescribe the form 
and manner for requesting and furnishing conviction

information pursuant to this subsection.

    (C) Upon payment of fees authorized by this subsection, the 
Department shall
furnish to the commanding officer of a 
military installation in Illinois having
an arms storage 
facility, upon written request of such commanding officer or

his designee, and in the form and manner prescribed by the 
Department, all
criminal history record information pertaining 
to any individual seeking access
to such a storage facility, 
where such information is sought pursuant to a

federally-mandated security or criminal history check.

    The Department shall establish and charge a fee, not to 
exceed actual costs,
for providing information pursuant to this 
subsection.

(Source: P.A. 91-176, eff. 7-16-99; 91-239, eff. 1-1-00; 92-16, 
eff.
6-28-01.)

 
    Section 10. The Illinois Municipal Code is amended  by 
adding Division 117.1 to Article 11 as follows:
 
    (65 ILCS 5/Art. 11 Div. 117.1 heading new)
DIVISION 117.1.  TERRORISM PREVENTION

 
    (65 ILCS 5/11-117.1-1  new)
    Sec. 11-117.1-1. Terrorism prevention measures. A 
municipality that owns or operates a municipal utility may 
promulgate rules for the exclusion of any person, based upon 
criminal conviction information received about that person 
under the Criminal Identification Act, from all or a portion of 
any water treatment facility, water pumping station, 
electrical transfer station, electrical generation facility, 
natural gas facility, or any other utility facility owned or 
operated by the municipality. The rules must be promulgated by 
the appropriate municipal agency in cooperation with the 
principal law enforcement agency of the municipality and, in 
the case of rules concerning the exclusion of employees, in 
cooperation with bona fide collective bargaining 
representatives. The rules may apply to employees of the 
municipality, any other persons performing work at the 
facility, or any visitors to the facility. The rules must 
identify the types of criminal convictions that disqualify a 
person from entering a particular area, based solely on whether 
the person poses an unreasonable risk  to the public safety 
because of the person's potential for future criminal conduct 
affecting a municipal utility facility. The rules may be 
amended from time to time and shall be available for inspection 
under the Freedom of Information Act.

 
    Section 15. The Public Utilities Act is amended  by changing 
Section 4-101 as follows:
 



    (220 ILCS 5/4-101)  (from Ch. 111 2/3, par. 4-101)


    Sec. 4-101. The Commerce Commission shall have general 
supervision of all
public utilities, except as otherwise 
provided in this Act, shall inquire into
the management of the 
business thereof and shall keep itself informed as to the

manner and method in which the business is conducted. It shall 
examine those
public utilities and keep informed as to their 
general condition, their
franchises, capitalization, rates and 
other charges, and the manner in which
their plants, equipment 
and other property owned, leased, controlled or
operated are 
managed, conducted and operated, not only with respect to the

adequacy, security and accommodation afforded by their service 
but also with
respect to their compliance with this Act and any 
other law, with the orders
of the Commission and with the 
charter and franchise requirements.

    Whenever the Commission is authorized or required
by law to 
consider some aspect of criminal history record information for

the purpose of carrying out its statutory powers and 
responsibilities,
then, upon request and payment of fees in 
conformance with the requirements
of Section 2605-400 of the 
Department of State Police Law (20 ILCS
2605/2605-400), the 
Department of State Police is authorized to furnish,
pursuant 
to positive identification, such information contained in 
State
files as is necessary to fulfill the request.
    The Commission shall require all electric public utilities 
to establish a security policy that includes on-site safeguards 
to restrict physical or electronic access to critical 
infrastructure and computerized control and data systems by 
personnel employed by or under contract with the electric 
public utility company or by personnel of any entity regulated 
by the Commission that supplies power to wholesale or 
residential markets. The Commission shall maintain a record of 
and each regulated entity that supplies power to wholesale or 
residential markets shall provide to the Commission an annual 
affidavit signed by a representative of the regulated entity 
that states that the entity follows, at a  minimum, the most 
current security standards set forth by the North American 
Electric Reliability Council.


(Source: P.A. 91-239, eff. 1-1-00; 91-638, eff. 1-1-00; 92-16, 
eff. 6-28-01.)