Full Text of HB2580 94th General Assembly
HB2580enr 94TH GENERAL ASSEMBLY
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HB2580 Enrolled |
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| AN ACT concerning utilities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Identification Act is amended by | 5 |
| changing Section 3 as follows:
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| (20 ILCS 2630/3) (from Ch. 38, par. 206-3)
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| Sec. 3. Information to be furnished peace officers and | 8 |
| commanding officers
of certain military installations in | 9 |
| Illinois.
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| (A) The Department shall file or cause to be filed all | 11 |
| plates,
photographs, outline pictures, measurements, | 12 |
| descriptions and information
which shall be received by it by | 13 |
| virtue of its office and shall make a
complete and systematic | 14 |
| record and index of the same, providing thereby a
method of | 15 |
| convenient reference and comparison. The Department shall
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| furnish, upon application, all information pertaining to the | 17 |
| identification
of any person or persons, a plate, photograph, | 18 |
| outline picture, description,
measurements, or any data of | 19 |
| which there is a record in its office. Such
information shall | 20 |
| be furnished to peace officers of the United States, of other
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| states or territories, of the Insular possessions of the United | 22 |
| States, of
foreign countries duly authorized to receive the | 23 |
| same, to all peace officers of
the State of Illinois, to | 24 |
| investigators of the Illinois Law Enforcement
Training | 25 |
| Standards Board and, conviction information only, to units
of | 26 |
| local government, school districts and private organizations, | 27 |
| under the
provisions of
Section 2605-10, 2605-15, 2605-75, | 28 |
| 2605-100, 2605-105, 2605-110,
2605-115, 2605-120, 2605-130, | 29 |
| 2605-140, 2605-190, 2605-200, 2605-205, 2605-210,
2605-215, | 30 |
| 2605-250, 2605-275, 2605-300, 2605-305, 2605-315, 2605-325, | 31 |
| 2605-335,
2605-340,
2605-350, 2605-355, 2605-360, 2605-365, | 32 |
| 2605-375, 2605-390, 2605-400, 2605-405,
2605-420,
2605-430, |
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| 2605-435, 2605-500, 2605-525, or 2605-550 of the Department of | 2 |
| State
Police Law (20 ILCS 2605/2605-10, 2605/2605-15,
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| 2605/2605-75,
2605/2605-100, 2605/2605-105, 2605/2605-110, | 4 |
| 2605/2605-115,
2605/2605-120, 2605/2605-130, 2605/2605-140, | 5 |
| 2605/2605-190, 2605/2605-200,
2605/2605-205, 2605/2605-210, | 6 |
| 2605/2605-215, 2605/2605-250, 2605/2605-275,
2605/2605-300,
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| 2605/2605-305, 2605/2605-315, 2605/2605-325, 2605/2605-335, | 8 |
| 2605/2605-340,
2605/2605-350, 2605/2605-355, 2605/2605-360,
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| 2605/2605-365, 2605/2605-375, 2605/2605-390,
2605/2605-400, | 10 |
| 2605/2605-405, 2605/2605-420, 2605/2605-430, 2605/2605-435,
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| 2605/2605-500, 2605/2605-525, or 2605/2605-550).
Applications | 12 |
| shall be in writing and accompanied by a certificate, signed by
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| the peace officer or chief administrative officer or his | 14 |
| designee making such
application, to the effect that the | 15 |
| information applied for is necessary in the
interest of and | 16 |
| will be used solely in the due administration of the criminal
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| laws or for the purpose of evaluating the qualifications and | 18 |
| character of
employees, prospective employees, volunteers, or | 19 |
| prospective
volunteers of units of local government, school | 20 |
| districts, and private
organizations , or for the purpose of | 21 |
| evaluating the character of persons who may be granted or | 22 |
| denied access to municipal utility facilities under Section | 23 |
| 11-117.1-1 of the Illinois Municipal Code .
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| For the purposes of this subsection, "chief administrative | 25 |
| officer" is
defined as follows:
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| a) The city manager of a city or, if a city does not | 27 |
| employ a city
manager,
the mayor of the city.
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| b) The manager of a village or, if a village does not | 29 |
| employ a manager,
the president of the village.
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| c) The chairman or president of a county board or, if a | 31 |
| county has adopted
the county executive form of government, | 32 |
| the chief executive officer of the
county.
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| d) The president of the school board of a school | 34 |
| district.
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| e) The supervisor of a township.
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| f) The official granted general administrative control |
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| of a special
district, an authority, or organization of | 2 |
| government establishment by law
which may issue | 3 |
| obligations and which either may levy a property tax or may
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| expend funds of the district, authority, or organization | 5 |
| independently of any
parent unit of government.
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| g) The executive officer granted general | 7 |
| administrative control of a
private organization defined | 8 |
| in Section 2605-335 of the Department of State Police Law | 9 |
| (20 ILCS 2605/2605-335).
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| (B) Upon written application and payment of fees authorized | 11 |
| by this
subsection, State agencies and units of local | 12 |
| government, not including school
districts, are authorized to | 13 |
| submit fingerprints of employees, prospective
employees and | 14 |
| license applicants to the Department for the purpose of | 15 |
| obtaining
conviction information maintained by the Department | 16 |
| and the Federal Bureau of
Investigation about such persons. The | 17 |
| Department shall submit such
fingerprints to the Federal Bureau | 18 |
| of Investigation on behalf of such agencies
and units of local | 19 |
| government. The Department shall charge an application fee,
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| based on actual costs, for the dissemination of conviction | 21 |
| information pursuant
to this subsection. The Department is | 22 |
| empowered to establish this fee and
shall prescribe the form | 23 |
| and manner for requesting and furnishing conviction
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| information pursuant to this subsection.
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| (C) Upon payment of fees authorized by this subsection, the | 26 |
| Department shall
furnish to the commanding officer of a | 27 |
| military installation in Illinois having
an arms storage | 28 |
| facility, upon written request of such commanding officer or
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| his designee, and in the form and manner prescribed by the | 30 |
| Department, all
criminal history record information pertaining | 31 |
| to any individual seeking access
to such a storage facility, | 32 |
| where such information is sought pursuant to a
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| federally-mandated security or criminal history check.
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| The Department shall establish and charge a fee, not to | 35 |
| exceed actual costs,
for providing information pursuant to this | 36 |
| subsection.
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| (Source: P.A. 91-176, eff. 7-16-99; 91-239, eff. 1-1-00; 92-16, | 2 |
| eff.
6-28-01.)
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| Section 10. The Illinois Municipal Code is amended by | 4 |
| adding Division 117.1 to Article 11 as follows: | 5 |
| (65 ILCS 5/Art. 11 Div. 117.1 heading new) | 6 |
| DIVISION 117.1. TERRORISM PREVENTION | 7 |
| (65 ILCS 5/11-117.1-1 new) | 8 |
| Sec. 11-117.1-1. Terrorism prevention measures. A | 9 |
| municipality that owns or operates a municipal utility may | 10 |
| promulgate rules for the exclusion of any person, based upon | 11 |
| criminal conviction information received about that person | 12 |
| under the Criminal Identification Act, from all or a portion of | 13 |
| any water treatment facility, water pumping station, | 14 |
| electrical transfer station, electrical generation facility, | 15 |
| natural gas facility, or any other utility facility owned or | 16 |
| operated by the municipality. The rules must be promulgated by | 17 |
| the appropriate municipal agency in cooperation with the | 18 |
| principal law enforcement agency of the municipality and, in | 19 |
| the case of rules concerning the exclusion of employees, in | 20 |
| cooperation with bona fide collective bargaining | 21 |
| representatives. The rules may apply to employees of the | 22 |
| municipality, any other persons performing work at the | 23 |
| facility, or any visitors to the facility. The rules must | 24 |
| identify the types of criminal convictions that disqualify a | 25 |
| person from entering a particular area, based solely on whether | 26 |
| the person poses an unreasonable risk to the public safety | 27 |
| because of the person's potential for future criminal conduct | 28 |
| affecting a municipal utility facility. The rules may be | 29 |
| amended from time to time and shall be available for inspection | 30 |
| under the Freedom of Information Act.
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| Section 15. The Public Utilities Act is amended by changing | 32 |
| Section 4-101 as follows:
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| (220 ILCS 5/4-101) (from Ch. 111 2/3, par. 4-101)
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| Sec. 4-101. The Commerce Commission shall have general | 3 |
| supervision of all
public utilities, except as otherwise | 4 |
| provided in this Act, shall inquire into
the management of the | 5 |
| business thereof and shall keep itself informed as to the
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| manner and method in which the business is conducted. It shall | 7 |
| examine those
public utilities and keep informed as to their | 8 |
| general condition, their
franchises, capitalization, rates and | 9 |
| other charges, and the manner in which
their plants, equipment | 10 |
| and other property owned, leased, controlled or
operated are | 11 |
| managed, conducted and operated, not only with respect to the
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| adequacy, security and accommodation afforded by their service | 13 |
| but also with
respect to their compliance with this Act and any | 14 |
| other law, with the orders
of the Commission and with the | 15 |
| charter and franchise requirements.
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| Whenever the Commission is authorized or required
by law to | 17 |
| consider some aspect of criminal history record information for
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| the purpose of carrying out its statutory powers and | 19 |
| responsibilities,
then, upon request and payment of fees in | 20 |
| conformance with the requirements
of Section 2605-400 of the | 21 |
| Department of State Police Law (20 ILCS
2605/2605-400), the | 22 |
| Department of State Police is authorized to furnish,
pursuant | 23 |
| to positive identification, such information contained in | 24 |
| State
files as is necessary to fulfill the request. | 25 |
| The Commission shall require all electric public utilities | 26 |
| to establish a security policy that includes on-site safeguards | 27 |
| to restrict physical or electronic access to critical | 28 |
| infrastructure and computerized control and data systems by | 29 |
| personnel employed by or under contract with the electric | 30 |
| public utility company or by personnel of any entity regulated | 31 |
| by the Commission that supplies power to wholesale or | 32 |
| residential markets. The Commission shall maintain a record of | 33 |
| and each regulated entity that supplies power to wholesale or | 34 |
| residential markets shall provide to the Commission an annual | 35 |
| affidavit signed by a representative of the regulated entity |
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| that states that the entity follows, at a minimum, the most | 2 |
| current security standards set forth by the North American | 3 |
| Electric Reliability Council.
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| (Source: P.A. 91-239, eff. 1-1-00; 91-638, eff. 1-1-00; 92-16, | 5 |
| eff. 6-28-01.)
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