HB4419ham001 94TH GENERAL ASSEMBLY

Public Utilities Committee

Adopted in House Comm. on Jan 24, 2006

09400HB4419ham001 LRB094 17136 MKM 54750 a

AMENDMENT TO HOUSE BILL 4419

AMENDMENT NO. ______. Amend House Bill 4419 by replacing everything after the enacting clause with the following:

"Section 5. 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.

(1) that the entity has a security policy in place;

(2) that the entity has conducted at least one practice exercise based on the security policy within the 12 months immediately preceding the date of the affidavit; and

(3) with respect to any entity that is an electric public utility, that the entity follows, at a minimum, the most current security standards set forth by the North American Electric Reliability Council.

(Source: P.A. 94-480, eff. 1-1-06.)

Section 99. Effective date. This Act takes effect upon becoming law.".