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
    (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
        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
(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)

    (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.)

Effective Date: 1/1/2006