Full Text of HB2580 94th General Assembly
HB2580 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2580
Introduced 02/18/05, by Rep. Joseph M. Lyons - John D'Amico SYNOPSIS AS INTRODUCED: |
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20 ILCS 2630/3 |
from Ch. 38, par. 206-3 |
65 ILCS 5/Art. 11 Div. 117.1 heading new |
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65 ILCS 5/11-117.1-1 new |
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220 ILCS 5/4-101 |
from Ch. 111 2/3, par. 4-101 |
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Amends the Criminal Identification Act. Authorizes the Department of State Police to furnish to a peace officer certain information pertaining to the identification of any person for the purpose of determining whether that person may be granted or denied access to municipal utility facilities. Amends the Illinois Municipal Code to create a new Division concerning terrorism prevention. Authorizes the appropriate agency of a municipality to promulgate rules for the exclusion of any person 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, based on criminal conviction information about that person obtained under the Criminal Identification Act. Amends the Public Utilities Act. Requires the Illinois Commerce Commission to 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. Requires the Commission to maintain a record of and requires each regulated entity that supplies power to wholesale or residential markets to 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 guidelines set forth by the North American Energy Reliability Council.
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A BILL FOR
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HB2580 |
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LRB094 07710 MKM 37886 b |
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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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LRB094 07710 MKM 37886 b |
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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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LRB094 07710 MKM 37886 b |
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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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HB2580 |
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LRB094 07710 MKM 37886 b |
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| that states that the entity follows, at a minimum, the most | 2 |
| current security guidelines set forth by the North American | 3 |
| Energy 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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