"Hemp-derived(1) cannabinoidCable product" means any intermediate or finalvideo productproviders derivedshall fromestablish hempgeneral thatstandards containsrelated cannabinoidsto incustomer anyservice, formwhich andshall isinclude, intendedbut fornot humanbe orlimited animalto, useinstallation, throughdisconnection, anyservice meansand ofrepair applicationobligations; or administration, including inhalation, ingestion, or topical application.

"Hempappointment producthours manufacturer" means a facility operated by a person licensed by the Department to obtain hemp or intermediate hemp-derived cannabinoid product to manufacture and produceemployee hemp-derivedID cannabinoidrequirements; products.

"Hempcustomer productionservice plan"telephone meansnumbers a plan submitted by the Department to the Secretary of the United States Department of Agriculture pursuant to the federal Agriculture Improvement Act of 2018, Public Law 115-334, and consistenthours; with the Domestic Hemp Production Program established under 7 CFR Part 990, through which the Department establishes its authority to SB3222 Enrolled - 5 - LRB104 19119 AAS 32564 b have primary regulatory authority over the production of hemp.

"Industrialprocedures hemp"for means:billing, charges, deposits, refunds, and credits;

(1)procedures hemp grown for thetermination use of theservice; stalk of the plant, fiber produced from the stalk, or any other non-cannabinoid derivative, mixture, preparation, or manufacture of the stalk;

(2)notice hemp grown for the use of thedeletion whole grain, oil, cake, nut, hull, or any other non-cannabinoid compound, derivative, mixture, preparation, or manufacture of theprogramming seedsservice; of the plant;

(3)changes hemprelated grownto fortransmission the purpose of producingprogramming; microgreens or other edible hemp leaf products intended for human consumption that are derived from an immature hemp plant grown from seeds that do not exceed 0.3% total tetrahydrocannabinol;

(4)changes hempor thatincreases does not enter the stream of commerce and is intended to support hemp research at an institution of higher education, as defined in Sectionrates; 101 of the Higher Education Act of 1965 (20 U.S.C.

1001),the oruse atand anavailability independentof researchparental institute;control or lock-out devices;

or (5) hemp grown for the productionuse ofand aavailability viable seed of thean plantA/B producedswitch solelyif forapplicable; the production or manufacture of any material described in paragraphs (1) through (4).

"Industrialcomplaint hempprocedures product"and meansprocedures afor productbill deriveddispute fromresolution; industrial hemp that does not contain cannabinoids.

SB3222a Enrolleddescription -of 6the -rights LRB104and 19119remedies AASavailable 32564to bconsumers "Industrialif hempthe processor"cable meansor avideo facilityprovider thatdoes processesnot ormaterially handlesmeet rawits industrialcustomer hempservice plantstandards; material.

"Intermediateand hemp-derivedspecial cannabinoidservices product"for meanscustomers awith hemp-derivedvisual, cannabinoidhearing, productor that:mobility disabilities.

(1)(2) isCable notor yetvideo inproviders' therates finalfor formeach orlevel preparationof marketedservice, orrules, intendedregulations, and policies related to beits usedcable service or consumedvideo byservice described in paragraph (1) of this subsection (a) must be made available to the 10400SB3222sam001 -6- LRB104 19119 AAS 37184 a humanpublic and displayed clearly and conspicuously on the cable or animal;video provider's site on the Internet.

If a promotional price or (2)a isprice for a powder,specified liquid,period tablet,of oil,time is offered, the cable or othervideo productprovider formshall thatdisplay isthe intendedprice orat marketedthe toend beof mixed,the dissolved,promotional formulated,period or otherwisespecified addedperiod toof ortime preparedclearly withand orconspicuously intowith anythe otherdisplay substanceof priorthe topromotional administrationprice or consumption.price for a specified period of time.

AnThe intermediatecable hemp-derivedor cannabinoidvideo productprovider shall notprovide contain:this information upon request.

(i)(3) cannabinoidsCable thator arevideo incapableproviders ofshall beingprovide naturallynotice producedconcerning bytheir ageneral Cannabiscustomer sativaservice L.standards to all customers.

plant;This notice shall be offered when service is first activated and upon request thereafter.

(ii)The cannabinoidsinformation thatin arethe capablenotice shall also be available on the cable or video providers' websites and shall include all of beingthe naturallyinformation producedspecified byin aparagraph Cannabis(1) sativaof L.this subsection (a), as well as the following:

planta butlisting wereof synthesizedservices offered by the cable or manufacturedvideo outsideproviders, ofwhich theshall plant;clearly describe programming for all services and all levels of service;

orthe (iii)rates morefor thanall aservices combinedand totallevels tetrahydrocannabinol concentration of 0.3%,service; including tetrahydrocannabinolic acid and any other cannabinoids with similar effects on humans or animals as tetrahydrocannabinol.

"Land area" means a farm,telephone asnumber definedthrough inwhich Sectioncustomers 1-60may ofsubscribe theto, Propertychange, Taxor Code,terminate inservice, thisrequest Statecustomer orservice, land or facilitiesseek undergeneral theor controlbilling ofinformation; an institution of higher education.

"Person"instructions meanson anythe individual,use corporation,of governmentthe orcable governmental subdivision or agency,video businessservices; trust, estate, SB3222 Enrolled - 7 - LRB104 19119 AAS 32564 b trust, partnership, association, or any other entity.

Sectionand 10.a description of rights and remedies that the cable or video providers shall make available to their 10400SB3222sam001 -7- LRB104 19119 AAS 37184 a customers if they do not materially meet the general customer service standards described in this Act.

Prohibitions(b) onGeneral thecustomer saleservice andobligations: distribution of hemp products.

(a)(1) NoCable person may distribute or sellvideo cannabis,providers hemp,shall industrialrender hemp,reasonably orefficient anyservice, productpromptly derivedmake fromrepairs, cannabis,and hemp,interrupt orservice industrialonly hemp in this State, except as authorizednecessary under the Cannabis Regulation and Taxfor Act,good thecause, Compassionateduring Useperiods of Medicalminimum Cannabisuse Act,of or this Act, unless the productsystem meetsand thefor definitionno ofmore athan "final24 consumerhours. hemp cannabinoid product" or an "industrial hemp product".

(b)(2) NoAll service representatives or any other person maywho manufacturecontacts customers or producepotential anycustomers producton derivedbehalf fromof hempthe cable or industrialvideo hempprovider withoutshall firsthave obtaininga anvisible industrialidentification hempcard processorwith registrationtheir orname aand hempphotograph productand manufacturershall licenseorally underidentify thisthemselves Act.upon first contact with the customer.

SectionCustomer 15.service representatives shall orally identify themselves to callers immediately following the greeting during each telephone contact with the public.

Cannabinoid(3) lists.The cable or video providers shall:

(a)(i) Themaintain followinga listscustomer shallservice befacility usedwithin the boundaries of a local unit of government staffed by customer service representatives that have the capacity to determineaccept whatpayment, isadjust hempbills, and whatrespond productsto qualifyrepair, asinstallation, areconnection, finaldisconnection, consumeror hempother cannabinoidservice productcalls underand thisdistribute Act:or receive converter boxes, remote control units, digital stereo units, or other equipment related to the provision of cable or video service;

(1)(ii) Cannabinoidsprovide that10400SB3222sam001 are-8- consideredLRB104 capable19119 ofAAS being37184 naturallya producedcustomers bywith bill payment facilities through retail, financial, or other commercial institutions located within the boundaries of a Cannabislocal sativaunit L.of government;

plant:(iii) provide an address, toll-free telephone number or electronic address to accept bill payments and correspondence and provide secure collection boxes for the receipt of bill payments and the return of equipment, provided that if a cable or video provider provides secure collection boxes, it shall provide a printed receipt when items are deposited;

(A)or Cannabigerol(iv) (CBG),provide whichan includes,address, buttoll-free istelephone notnumber, limitedor to:electronic address to accept bill payments and correspondence and provide a method for customers to return equipment to the cable or video provider at no cost to the customer.

(i)(4) CBGAIn (Cannabigeroliceach acid);contact with a customer, the service representatives or any other person who contacts customers or potential customers on behalf of the cable or video provider shall state the estimated cost of the service, repair, or installation orally prior to delivery of the service or before any work is performed, shall provide the customer with an oral statement of the total charges before terminating the telephone call or other contact in which a service is ordered, whether in-person or over the Internet, and shall provide a written statement of the total charges before leaving the location at which the work was performed.

(ii)In CBGthe (Cannabigerol);event that the cost of service 10400SB3222sam001 -9- LRB104 19119 AAS 37184 a is a promotional price or is for a limited period of time, the cost of service at the end of the promotion or limited period of time shall be disclosed.

SB3222(5) EnrolledCable -or 8video -providers LRB104shall 19119provide AAScustomers 32564a bminimum (iii)of CBGVA30 (Cannabigerovarinicdays' acid);written notice before increasing rates or eliminating transmission of programming and shall submit the notice of any rate increase to the local unit of government in advance of distribution to customers, provided that the cable or video provider is not in violation of this provision if the elimination of transmission of programming was outside the control of the provider, in which case the provider shall use reasonable efforts to provide as much notice as possible, and any rate decrease related to the elimination of transmission of programming shall be applied to the date of the change.

(iv)(6) CBGVCable (Cannabigerovarin);or video providers shall provide clear visual and audio reception that meets or exceeds applicable Federal Communications Commission technical standards.

(B)If Cannabidiola (CBD),customer whichexperiences includes,poor butvideo isor notaudio limitedreception to:due to the equipment of the cable or video provider, the cable or video provider shall promptly repair the problem at its own expense.

(i)(c) CBDABills, (Cannabidiolicpayment, acid);and termination:

(ii)(1) CBDCable (Cannabidiol);or video providers shall render monthly bills that are clear, accurate, and understandable.

(iii)(2) CBDVAEvery (Cannabidivarinicresidential acid);customer who pays bills directly 10400SB3222sam001 -10- LRB104 19119 AAS 37184 a to the cable or video provider shall have at least 28 days from the date of the bill to pay the listed charges.

(iv)(3) CBDVCustomer (Cannabidivarin);payments shall be posted promptly.

(C)When Deltathe 9-Tetrahydrocannabinolpayment (THC),is whichsent includes,by butUnited States mail, payment is notconsidered limitedpaid to:on the date it is postmarked.

(i)(4) THCACable (Deltaor 9-Tetrahydrocannabinolicvideo acid);providers may not terminate residential service for nonpayment of a bill unless the cable or video provider furnishes notice of the delinquency and impending termination at least 15 days prior to the proposed termination.

(ii)Notice Deltaof 9-THCproposed (Deltatermination 9-Tetrahydrocannabinol);shall be mailed, postage prepaid, to the customer to whom service is billed.

(iii)Notice THCVAof (Tetrahydrocannabivarinicproposed acid);termination shall not be mailed until the 24th day after the date of the bill for services.

(iv)Notice THCVof (Tetrahydrocannabivarin);delinquency and impending termination may be part of a billing statement only if the notice is designed to be conspicuous.

(v)The THCPcable (Tetrahydrocannabiphorol);or video providers may not assess a late fee prior to the 24th day after the date of the bill for service.

(D)(5) CannabichromeneEvery (CBC),notice whichof includes,impending buttermination isshall notinclude limitedall to:of the following:

(i)the CBCAname (Cannabichromenicand acid);address of customer;

(ii)the CBCamount (Cannabichromene);of the delinquency;

(iii)the CBCVAdate (Cannabichromevarinicon acid);which payment is required to avoid termination;

(iv)and CBCVthe (Cannabichromevarin);telephone number of the cable or video provider's service representative to make payment arrangements and to provide additional information about the charges for failure to 10400SB3222sam001 -11- LRB104 19119 AAS 37184 a return equipment and for reconnection, if any.

(E)(6) NaturalService degradationmay andonly artifactbe subclasses,terminated whichon include,days butwhen arethe notcustomer limitedis to:able to reach a service representative of the cable or video providers, either in person or by telephone.

(i)(7) CBNAny (Cannabinol);service terminated by a cable or video provider without good cause shall be restored without any reconnection fee, charge, or penalty;

SB3222good Enrolledcause -for 9termination -includes, LRB104but 19119is AASnot 32564limited bto, (ii)failure CBNAto (Cannabinolicpay acid);a bill by the date specified in the notice of impending termination, payment by check for which there are insufficient funds, theft of service, abuse of equipment or personnel, or other similar subscriber actions.

(iii)(8) CBLACable (Cannabicyclolicor acid);video providers shall cease charging a customer for any or all services within one business day after it receives a request to immediately terminate service or on the day requested by the customer if such a date is at least 5 days from the date requested by the customer.

(iv)Nothing CBLin (Cannabicyclol);this subsection (c) shall prohibit the provider from billing for charges that the customer incurs prior to the date of termination.

(v)Cable CBEor (Cannabielsoin);video providers shall issue a credit no later than the customer's next billing cycle following the determination that a credit is warranted.

(vi)Cable CBTor (Cannabitriol);video providers shall issue a refund or return a deposit promptly, but not later than either the customer's next billing cycle following 10400SB3222sam001 -12- LRB104 19119 AAS 37184 a resolution of the request or 30 days, whichever is earlier, or the return of equipment, if any, whichever is later.

(vii)(9) HHCThe (Hexahydrocannabinol);customers or subscribers of a cable or video provider shall be allowed to disconnect their service at any time within the first 30 days after subscribing to or upgrading the service.

(F)Within Minorthis natural30-day isomersperiod, andcable traceor compounds,video whichproviders include,shall butnot arecharge or impose any fees or penalties on the customer for disconnecting service, including, but not limited to:to, any installation charge or the imposition of an early termination charge, except the cable or video provider may impose a charge or fee to offset any rebates or credits received by the customer and may impose monthly service or maintenance charges, including pay-per-view and premium services charges, during such 30-day period.

(i)(d) Delta-8Response THCto (Deltacustomer 8-Tetrahydrocannabinol);inquiries:

(ii)(1) Delta-10Cable THCor (Deltavideo 10-Tetrahydrocannabinol);providers will maintain a toll-free telephone access line that is available to customers 24 hours a day, 7 days a week to accept calls regarding installation, termination, service, and complaints.

(iii)Trained, exo-THCknowledgeable, (Deltaqualified 9,11-Tetrahydrocannabinol);service representatives of the cable or video providers will be available to respond to customer telephone inquiries during normal business hours.

(iv)Customer THCAservice (Tetrahydrocannabinolicrepresentatives acid);shall be able to provide credit, waive fees, schedule appointments, 10400SB3222sam001 -13- LRB104 19119 AAS 37184 a and change billing cycles.

(v)Any THC-C1difficulties (Tetrahydrocannabiorcol);that cannot be resolved by the customer service representatives shall be referred to a supervisor who shall make his or her best efforts to resolve the issue immediately.

If the supervisor does not resolve the issue to the customer's satisfaction, the customer shall be informed of the cable or video provider's complaint procedures and (G)procedures Allfor cannabinoidsbilling thatdispute appearresolution onand given a listdescription of cannabinoidsthe thatrights areand knownremedies available to customers to enforce the federalterms Foodof andthis DrugArticle, Administrationincluding the customer's rights to behave capablethe complaint reviewed by the local unit of beinggovernment, naturallyto producedrequest bymediation, and to review in a Cannabiscourt sativaof L.competent jurisdiction.

plant,(2) asAfter reflectednormal inbusiness peerhours, reviewedthe literature,access andline thatmay isbe publishedanswered by thea federalservice Foodor andan Drugautomated Administrationresponse pursuantsystem, toincluding 7an U.S.C.answering machine.

1639o.Inquiries received by telephone or e-mail after normal business hours shall be responded to by a trained service representative on the next business day.

(2)The Cannabinoidscable thator arevideo tetrahydrocannabinolprovider classshall cannabinoidsrespond known to bea naturallywritten occurringbilling ininquiry thewithin Cannabis10 sativadays L.of receipt of the inquiry.

plant:(3) Cable or video providers shall provide customers seeking non-standard installations with a total installation cost estimate and an estimated date of completion.

SB3222The Enrolledactual -charge 10to -the LRB104customer 19119shall AASnot 32564exceed bthe (A)estimated THCAcost (Deltawithout 9-Tetrahydrocannabinolicthe acid);written consent of 10400SB3222sam001 -14- LRB104 19119 AAS 37184 a the customer.

(B)(4) THCIf (Deltathe 9-Tetrahydrocannabinol);cable or video provider receives notice that an unsafe condition exists with respect to its equipment, it shall investigate such condition immediately and shall take such measures as are necessary to remove or eliminate the unsafe condition.

(C)The THCVcable (Tetrahydrocannabivarin);or video provider shall inform the local unit of government promptly, but no later than 2 hours after it receives notification of an unsafe condition that it has not remedied.

(D)(5) THCVAUnder (Tetrahydrocannabivarinnormal acid);operating conditions, telephone answer time by the cable or video provider's customer representative, including wait time, shall not exceed 30 seconds when the connection is made.

(E)If THCPthe (Tetrahydrocannabiphorol);call needs to be transferred, transfer time shall not exceed 30 seconds.

andThese (F)standards Allshall tetrahydrocannabinolbe classmet cannabinoidsno thatless appearthan on90% a list of tetrahydrocannabinol class cannabinoids that are known to the federaltime Foodunder andnormal Drugoperating Administrationconditions, tomeasured beon naturallya occurringquarterly inbasis. the Cannabis sativa L.

plantThe andcable thator arevideo publishedprovider byshall thenot federalbe Foodrequired andto Drugacquire Administrationequipment pursuantor perform surveys to 7measure U.S.C.compliance with these telephone answering standards unless an historical record of complaints indicates a clear failure to comply.

1639o.(6) Under normal operating conditions, the cable or video provider's customers will receive a busy signal less than 3% of the time.

(3)(e) CannabinoidsUnder thatnormal areoperating knownconditions, toeach haveof similarthe effects10400SB3222sam001 to,-15- orLRB104 marketed19119 AAS 37184 a following standards related to haveinstallations, similaroutages, effectsand to,service tetrahydrocannabinolcalls classwill cannabinoids:be met no less than 95% of the time measured on a quarterly basis:

(A)(1) Delta-5Standard THCinstallations (Delta-5will tetrahydrocannabinol);be performed within 7 business days after an order has been placed.

(B)"Standard" Delta-6installations THCare (Delta-6those tetrahydrocannabinol);that are located up to 125 feet from the existing distribution system.

(C)(2) Delta-7Excluding THCconditions (Deltabeyond 7-Tetrahydrocannabinol);the control of the cable or video providers, the cable or video providers will begin working on "service interruptions" promptly and in no event later than 24 hours after the interruption is reported by the customer or otherwise becomes known to the cable or video providers.

(D)Cable Delta-8or THCvideo (Deltaproviders 8-Tetrahydrocannabinol);must begin actions to correct other service problems the next business day after notification of the service problem and correct the problem.

(E)(3) Delta-10The THC"appointment (Deltawindow" 10-Tetrahydrocannabinol);alternatives for installations, service calls, and other installation activities will be either a specific time or, at a maximum, a 4-hour time block during evening, weekend, and normal business hours.

(F)The Delta-6a10acable THCor (oftenvideo soldprovider asmay Delta-3schedule THC);service calls and other installation activities outside of these hours for the express convenience of the customer.

(G)(4) DeltaCable 10aor THCvideo (Deltaproviders 10-Tetrahydrocannabinolmay acid);not cancel an appointment with a customer after the close of business on 10400SB3222sam001 -16- LRB104 19119 AAS 37184 a the business day prior to the scheduled appointment.

(H)If Delta-11the THCcable (Delta-11tetrahydrocannabinol)or (I)video HHCprovider's (Hexahydrocannabinol);representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted.

(J)The HHCPappointment (Hexahydrocannabiphorol);will be rescheduled, as necessary, at a time that is convenient for the customer, even if the rescheduled appointment is not within normal business hours.

SB3222(f) EnrolledPublic -benefit 11obligation: - LRB104 19119 AAS 32564 b (K) HHCH (Hexahydrocannabihexol);

(L)(1) exo-THCAll (Deltacable 9,11-Tetrahydrocannabinol);or video providers offering service pursuant to the Cable and Video Competition Law of 2007, the Illinois Municipal Code, or the Counties Code shall provide a free service line drop and free basic service to all current and future public buildings within their footprint, including, but not limited to, all local unit of government buildings, public libraries, and public primary and secondary schools, whether owned or leased by that local unit of government ("eligible buildings").

(M)Such THCPservice (Tetrahydrocannabiphorol);shall be used in a manner consistent with the government purpose for the eligible building and shall not be resold.

(N)(2) THCBThis (Tetrahydrocannabutol);obligation only applies to those cable or video service providers whose cable service or video service systems pass eligible buildings and its cable or video service is generally available to residential subscribers in the same local unit of government in which 10400SB3222sam001 -17- LRB104 19119 AAS 37184 a the eligible building is located.

(O)The THCHburden (Tetrahydrocannabihexol);of providing such service at each eligible building shall be shared by all cable and video providers whose systems pass the eligible buildings in an equitable and competitively neutral manner, and nothing herein shall require duplicative installations by more than one cable or video provider at each eligible building.

(P)Cable THC-O-Acetateor (Delta-9-Tetrahydrocannabinolvideo acetate,providers THC-O/ATHC);operating in a local unit of government shall meet as necessary and determine who will provide service to eligible buildings under this subsection (f).

(Q)If HHC-O-Acetatethe (Hexahydrocannabinolcable Oor acetate,video HHC-O);providers are unable to reach an agreement, they shall meet with the local unit of government, which shall determine which cable or video providers will serve each eligible building.

(R)The THCP-Olocal (Delta-9-Tetrahydrocannabiphorol-O-acetate);unit of government shall bear the costs of any inside wiring or video equipment costs not ordinarily provided as part of the cable or video provider's basic offering.

(S)(g) THCJDAfter (Tetrahydrocannabioctyl);the cable or video providers have offered service for one year, the cable or video providers shall make an annual report to the Commission, to the local unit of government, and to the Attorney General that it is meeting the standards specified in this Article, identifying the number of complaints it received over the prior year in the State and specifying the number of complaints related to each of the following:

and(1) (T)billing, Allcharges, tetrahydrocannabinolrefunds, class cannabinoids that appear on a list of cannabinoids that are known to the federal Food and Drugcredits; Administration to have similar effects to, or marketed to have similar effects to, tetrahydrocannabinol class cannabinoids and that is published by the federal Food and Drug Administration pursuant to 7 U.S.C.

1639o.(2) installation or termination of service;

(b)(3) Thequality Department, by rule, may add, change, or remove any of theservice items10400SB3222sam001 included-18- inLRB104 the19119 listsAAS established37184 ina thisand Section.repair;

(c)(4) Theprogramming; Department shall publish any updates to the list, including any federal additions, on its website.

Sectionand 20.(5) miscellaneous complaints that do not fall within these categories.

Hemp(h) andTo industrialthe hempextent cultivation.consistent with federal law, cable or video providers shall offer the lowest-cost basic cable or video service as a stand-alone service to residential customers at reasonable rates.

SB3222Cable Enrolledor -video 12providers -shall LRB104not 19119require AASthe 32564subscription bto (a)any Noservice personother shallthan cultivatethe hemplowest-cost basic service or industrialto hempany intelecommunications thisor Stateinformation withoutservice, as a hempcondition cultivationof licenseaccess issuedto bycable theor Department.video service, including programming offered on a per channel or per program basis.

(b)Cable Anor applicationvideo providers shall not discriminate between subscribers to the lowest-cost basic service, subscribers to other cable services or video services, and other subscribers with regard to the rates charged for cable or video programming offered on a cultivationper licensechannel shallor include:per program basis.

(1)(i) To the nameextent andconsistent addresswith federal law, cable or video providers shall ensure that charges for changes in the subscriber's selection of services or equipment shall be based on the applicant;cost of such change and shall not exceed nominal amounts when the system's configuration permits changes in service tier selection to be effected solely by coded entry on a computer terminal or by other similarly simple method.

and(j) (2)To the legalextent descriptionconsistent ofwith federal law, cable or video providers shall have a rate structure for the landprovision of cable or video service that is uniform throughout the area to10400SB3222sam001 be-19- usedLRB104 to19119 cultivateAAS hemp,37184 includinga Globalwithin Positioningthe Systemboundaries coordinates.of the local unit of government.

(c)This Thesubsection Department(j) mayis determine,not byintended rule,to theprohibit durationbulk ofdiscounts ato cultivationmultiple license,dwelling applicableunits licenseor fees,to andprohibit thereasonable requirementsdiscounts forto licensesenior renewal.citizens or other economically disadvantaged groups.

(d)(k) TheTo Departmentthe shallextent submitconsistent towith thefederal Secretarylaw, ofcable theor Unitedvideo Statesproviders Departmentshall ofnot Agriculturecharge a hempsubscriber productionfor planany underservice whichor theequipment Departmentthat monitorsthe andsubscriber regulateshas thenot cultivationaffirmatively ofrequested hempor andaffirmatively industrialagreed hempto inby thisname. State.

TheFor Departmentpurposes of this subsection (k), a subscriber's failure to refuse a cable or video provider's proposal to provide service or equipment shall adoptnot rulesbe incorporatingdeemed theto hempbe productionan plan,affirmative includingrequest applicationfor andsuch licensingservice requirements.or equipment.

(e)(l) TheNo Departmentcontract mayor conductservice inspectionsagreement ofcontaining hempan cultivationearly licenseestermination atclause theoffering Department'sresidential discretion.cable or video services or any bundle including such services shall be for a term longer than 2 years.

(f)Any Thecontract Departmentor shallservice adoptoffering ruleswith necessarya forterm of service that contains an early termination fee shall limit the administrationearly andtermination enforcementfee to not more than the value of thisany Actadditional ingoods accordanceor services provided with allthe applicablecable Stateor andvideo federalservices, lawsthe andamount regulations,of includingthe rulesdiscount governingreflected standardsin andthe criteriaprice for licensurecable andservices registration,or paymentvideo ofservices applicablefor fees,the requiredperiod signage,during andwhich formsthe requiredconsumer forbenefited from the administrationdiscount, ofor thisa SB3222declining Enrolledfee -based 13on -the LRB104remainder 19119of AASthe 32564contract bterm. Act.

(g)(m) TheCable Departmentor shallvideo adoptproviders rulesshall fornot thediscriminate testingin of hemp THC levels and the disposalprovision of plantservices matter exceeding lawful THC levels, including an option for athe cultivatorhearing toand requestvisually aimpaired, retestand forshall acomply minor violation, with the retestaccessibility thresholdrequirements determinedof by47 the10400SB3222sam001 Department-20- andLRB104 set19119 byAAS rule.37184 a U.S.C.

(h)613. The Department may impose fines, not to exceed $10,000, on hemp cultivation licensees for violations of this Act and rules.

(i)Cable Theor Department'svideo rulesproviders thatshall aredeliver relatedand topick-up theor cultivationprovide ofcustomers industrialwith hemppre-paid shipping and adoptedpackaging underfor the Industrialreturn Hempof Actconverters shalland remainother innecessary effectequipment untilat supersededthe byhome rulesof adoptedcustomers underwith thisdisabilities. Act.

UponCable theor effectivevideo dateproviders ofshall thisprovide Act,free hempuse cultivationof licenseesa underconverter theor Industrialremote Hempcontrol Actunit shall be automatically licensed under this Act subject to themobility existingimpaired renewalcustomers. period.

Section(n)(1) 25.To the extent consistent with federal law, cable or video providers shall comply with the provisions of 47 U.S.C.

Industrial532(h) hempand processing.(j).

(a)The Anycable personor thatvideo processesproviders shall not exercise any editorial control over any video programming provided pursuant to this Section, or handlesin rawany industrialother hempway plantconsider materialthe content of such programming, except that a cable or video provider may refuse to createtransmit any leased access program or portion of a productleased notaccess intendedprogram forthat humancontains obscenity, indecency, or animalnudity consumptionand shallmay obtainconsider ansuch industrialcontent hempto processorthe registration.minimum extent necessary to establish a reasonable price for the commercial use of designated channel capacity by an unaffiliated person.

TheThis licensesubsection application(n) shall bepermit oncable aor formvideo prescribedproviders byto theenforce Departmentprospectively anda shallwritten containand thepublished namepolicy of theprohibiting licensee,programming that the locationcable ofor thevideo processingprovider facility,reasonably andbelieves adescribes listor ofdepicts productssexual toor beexcretory producedactivities byor theorgans industrialin hempa processor.patently offensive manner as measured by contemporary community standards.

SB3222(2) EnrolledUpon -customer 14request, -the cable or video provider shall, without charge, fully scramble or otherwise fully block the audio and video programming of each channel 10400SB3222sam001 -21- LRB104 19119 AAS 3256437184 ba (b)carrying Thesuch Departmentprogramming mayso adoptthat rulesa regulatingperson industrialwho hempis processing.not a subscriber does not receive the channel or programming.

The(3) DepartmentIn mayproviding alsosexually inspectexplicit industrialadult hempprogramming processingor facilitiesother and,programming ifthat necessary,is collectindecent sampleson forany testingchannel atof its discretion.service primarily dedicated to sexually oriented programming, the cable or video provider shall fully scramble or otherwise fully block the video and audio portion of such channel so that a person who is not a subscriber to such channel or programming does not receive it.

(c)(4) AnScramble industrialmeans hempto processorrearrange shallthe onlycontent createof productsthe derivedsignal fromof industrialthe hempprogramming andso shallthat notthe createprogramming anycannot productbe thatviewed containsor cannabinoids.heard in an understandable manner.

The(o) DepartmentCable mayor revokevideo providers will maintain a listing, specific to the licenselevel of anstreet industrialaddress, hempof processorthe thatareas violateswhere thisits subsection.cable or video services are available.

(d)Customers Anwho industrialinquire hempabout processorpurchasing licensecable or video service shall be validinformed forabout 2whether yearsthe andcable shallor bevideo subjectprovider's cable or video services are currently available to athem feeat oftheir $200.specific location.

(e)(p) IndustrialCable hempor processorvideo registrantsproviders undershall not disclose the Industrialname, Hempaddress, Acttelephone shallnumber or other personally identifying information of a cable service or video service customer to be requiredused in mailing lists or to obtainbe anused industrialfor hempother processorcommercial licensepurposes not reasonably related to the conduct of its business unless the cable or video provider has provided to the 10400SB3222sam001 -22- LRB104 19119 AAS 37184 a hempcustomer producta manufacturingnotice, licenseseparately underor thisincluded Act.in any other customer service notice, that clearly and conspicuously describes the customer's ability to prohibit the disclosure.

IndustrialCable hempor processorvideo registrantsproviders undershall theprovide Industrialan Hempaddress Actand maytelephone requestnumber for a proratedcustomer refundto use without a toll charge to prevent disclosure of the registrationcustomer's feename submittedand underaddress thatin Act.mailing lists or for other commercial purposes not reasonably related to the conduct of its business to other businesses or affiliates of the cable or video provider.

Cable or video providers shall comply with the consumer privacy requirements of Section 30.26-4.5 of the Criminal Code of 2012, the Restricted Call Registry Act, and 47 U.S.C.

Intermediate551 hempthat productsare in effect as of June 30, 2007 (the effective date of Public Act 95-9) and hempas productamended manufacturing.thereafter.

(a)(q) AnyCable personor thatvideo processesproviders orshall handlesimplement hempan (otherinformal thanprocess industrialfor hemp)handling orinquiries intermediatefrom hemp-derivedlocal cannabinoidunits productsof shallgovernment obtainand acustomers hempconcerning productbilling manufacturerissues, licenseservice fromissues, theprivacy Department.concerns, and other consumer complaints.

(b)In Hempthe productevent manufacturersthat shallan obtainissue hempis onlynot fromresolved hempthrough growersthis licensedinformal byprocess, thea Unitedlocal Statesunit Department of SB3222government Enrolledor -the 15customer -may LRB104request 19119nonbinding AASmediation 32564with bthe Agriculturecable or anvideo approvedprovider, Statewith oreach tribalparty hemp program and may only produce products that are permitted to bebear soldits underown federalcosts orof Statesuch law.mediation.

HempSelection productof manufacturersthe shallmediator notwill sellbe anyby productsmutual thatagreement, doand notpreference complywill withbe thegiven requirementsto ofmediation theservices jurisdictionthat indo whichnot theycharge arethe sold.consumer for their services.

(c)In Athe hempevent productthat manufacturerthe shallinformal onlyprocess does not produce productsa thatsatisfactory meetresult to the definitioncustomer of10400SB3222sam001 hemp,-23- intermediateLRB104 hemp-derived19119 cannabinoidAAS product,37184 a or finalthe consumerlocal hempunit cannabinoidof product.government, enforcement may be pursued as provided in subdivision (4) of subsection (r) of this Section.

A(r) hempThe productAttorney manufacturerGeneral shalland the local unit of government may enforce all of the customer service and privacy protection standards of this Section with respect to complaints received from residents within the local unit of government's jurisdiction, but it may not createadopt artificiallyor derivedseek cannabinoids.to enforce any additional or different customer service or performance standards under any other authority or provision of law.

(d)(1) AnThe applicationlocal forunit licensureof shallgovernment bemay, submittedby toordinance, theprovide Departmenta onschedule aof formpenalties prescribedfor any material breach of this Section by thecable Departmentor andvideo shallproviders include,in butaddition shallto notthe bepenalties limitedprovided to:herein.

(1)No themonetary entitypenalties name,shall address,be emailassessed address,for anda telephonematerial numberbreach if it is out of the applicant;reasonable control of the cable or video providers or its affiliate.

(2)Monetary identificationpenalties adopted in an ordinance pursuant to this Section shall apply on a competitively neutral basis to all providers of cable service or video service within the facilitylocal tounit beof used;government's jurisdiction.

separateIn licensesno areevent requiredshall the penalties imposed under this subsection (r) exceed $750 for separateeach facilities;day of the material breach, and these penalties shall not exceed $25,000 for each occurrence of a material breach per customer.

(3)(2) aFor copypurposes of thethis applicableSection, local"material zoningbreach" ordinancemeans andany verificationsubstantial thatfailure theof facilitya locationcable isor notvideo inservice an10400SB3222sam001 area-24- zonedLRB104 for19119 residentialAAS use37184 anda compliesprovider withto localcomply zoningwith rulesservice quality and distanceother limitationsstandards establishedspecified byin theany localprovision jurisdiction;of this Act.

(4)The identificationAttorney General or the local unit of angovernment authorizedshall pointgive the cable or video provider written notice of contactany foralleged interactionsmaterial withbreaches of this Act and allow such provider at least 30 days from receipt of the Department;notice to remedy the specified material breach.

and(3) (5)A amaterial listbreach, for the purposes of allassessing operationspenalties, andshall processesbe deemed to behave conductedoccurred atfor each day that a material breach has not been remedied by the facility;cable service or video service provider after the expiration of the period specified in subdivision (2) of this subsection (r) in each local unit of government's jurisdiction, irrespective of the number of customers affected.

licensees(4) shallAny keepcustomer, thisthe listAttorney SB3222General, Enrolledor -a 16local -unit LRB104of 19119government AASmay 32564pursue balleged currentviolations atof allthis times.Act by the cable or video provider in a court of competent jurisdiction.

(e)A Thecable Departmentor shallvideo inspectprovider themay facilityseek tojudicial assessreview whetherof thea facilitydecision isof suitablea forlocal operationsunit priorof togovernment issuingimposing penalties in a license.court of competent jurisdiction.

ANo licenselocal isunit validof onlygovernment shall be subject to suit for damages or other relief based upon its action in connection with its enforcement or review of any of the locationterms, listedconditions, and rights contained in this Act except a court may require the application.return of any penalty it finds was not properly assessed or imposed.

A10400SB3222sam001 new-25- applicationLRB104 is19119 requiredAAS 37184 a (s) Cable or video providers shall credit customers for eachviolations newin location.the amounts stated herein.

(f)The Acredits hempshall productbe manufacturerapplied shallon operatethe understatement issued to the supervisioncustomer offor athe foodnext servicemonthly sanitationbilling managercycle certifiedfollowing bythe violation or following the Departmentdiscovery of Publicthe Health.violation.

(g)Cable Theor facilityvideo shallproviders beare inresponsible compliancefor withproviding the Illinoiscredits Food,described Drug,herein and Cosmeticthe Act,customer theis Sanitaryunder Foodno Preparationobligation Act,to andrequest the Foodcredit. Handling Regulation Enforcement Act.

(h)If Athe hempcustomer productis manufacturerno maylonger performtaking hempservice extractionfrom tothe createcable hempor concentratevideo thatprovider, meets the definitioncredit ofamount anwill intermediatebe hemp-derivedrefunded cannabinoidto productthe uponcustomer approval by check within 30 days of the Department.termination of service.

TheA hemplocal productunit manufacturerof shallgovernment providemay, inby itsordinance, applicationadopt anda keepschedule upof credits payable directly to datecustomers allfor methodsbreach of extractionthe customer service standards and concentrationobligations thatcontained in this Article, provided the manufacturerschedule willof usecustomer andcredits identifyapplies on a competitively neutral basis to all providers of cable service or video service in the chemicals,local ifunit any,of thatgovernment's willjurisdiction beand used.the credits are not greater than the credits provided in this Section.

All(1) extractionFailure methodsto andkeep chemicalsan shallappointment beor approvedto bynotify the Department.customer prior to the close of business on the business day prior to the scheduled appointment:

The$25.00. Department shall adopt rules regulating hemp extraction, which shall include, at a minimum, an annual inspection by a professional engineer.

Extraction(2) equipmentViolation andof processingcustomer sitesservice shall be designed, installed, and maintainedbilling standards in accordancesubsections with(c) codes of recognized and generally(d) accepted good engineering practices, such as the SB3222 Enrolled - 17 - LRB104 19119 AAS 32564 b National Fire Protection Association (NFPA), International Fire Code (IFC), American Society of Mechanicalthis EngineersSection: (ASME), and Underwriters Laboratories (UL).

(i)$25.00 Aper hempoccurrence. product manufacturer must comply with State and local building, fire, and zoning codes, requirements, and regulations.

(j)(3) TheViolation Departmentof maythe adoptbundling rules thatin setsubsection facility(h) standardsof andthis specifications,Section: application requirements, production standards, security requirements, and any other requirements to ensure a safe and compliant facility.

(k)$25.00 Hempper productmonth. manufacturing licenses shall be valid for 2 years and be subject to a license fee of $5,000.

10400SB3222sam001 -26- LRB104 19119 AAS 37184 a (t) The Departmentenforcement powers granted to the Attorney General in Article XXI of this Act shall waiveapply to this Article, except that the feeAttorney forGeneral anymay publicnot institutionseek penalties for violation of higherthis education,Article asother definedthan in the Publicamounts Higherspecified Educationherein. Act.

(l)Nothing Thein Departmentthis maySection imposeshall fines,limit notor toaffect exceedthe $10,000,powers onof hempthe productAttorney manufacturersGeneral forto violationenforce the provisions of Article XXI of this Act or the Consumer Fraud and rules.Deceptive Business Practices Act.

Section(u) 35.This Article applies to all cable and video providers in the State, including but not limited to those operating under a local franchise as that term is used in 47 U.S.C.

Final522(9), consumerthose hempoperating products.under authorization pursuant to Section 11-42-11 of the Illinois Municipal Code, those operating under authorization pursuant to Section 5-1095 of the Counties Code, and those operating under a State-issued authorization pursuant to Article XXI of this Act.

(a) All final consumer hemp cannabinoid products distributed, sold, or offered for sale in this State shall meet the following minimum requirements:

(1) the product shall meet the definition of "final consumer hemp cannabinoid product";

(2) the product shall not contain liquor, wine, beer, SB3222 Enrolled - 18 - LRB104 19119 AAS 32564 b or cider, or otherwise meet the definition of "alcoholic liquor" under the Liquor Control Act of 1934;

(3) the product shall not contain tobacco or nicotine;

(4) the product shall consist of a consumable or topical product, such as an edible food or beverage, and shall not be intended to be smoked or vaped or otherwise meet the definition of electronic cigarette as defined by the Tobacco Products Tax Act of 1995;

(5) the product shall contain only ingredients that are generally recognized as safe (GRAS) for use in food or are approved food additives under the Federal Food, Drug, and Cosmetic Act, unless otherwise authorized by the Department by rule;

and (6) the product shall be prepackaged and shall not be added to food or any other consumable product at the point of sale.

(b) Prior to sale to the public, a representative sample of each lot shall be tested by a laboratory approved by the Department under the Cannabis Regulation and Tax Act.

The representative sample shall be tested for all tests required under 8 Ill.

Admin.

Code 1300.700, or the Department may set alternative testing standards by rule under this Act.

The Department may also conduct testing of any product purported to be a final consumer hemp cannabinoid product.

A current certificate of analysis shall be made available to the Department, to any retailer carrying the product, and to SB3222 Enrolled - 19 - LRB104 19119 AAS 32564 b consumers via a scannable code or link on the product label.

(c) Every hemp-derived product offered for sale shall bear a label containing, at a minimum:

(1) the product name;

(2) the net weight or volume;

(3) a complete and accurate list of all ingredients in descending order of predominance;

(4) the identity and quantity of each cannabinoid present in the product at a level above 0.4 milligrams, expressed in milligrams per serving and per container;

(5) the number of servings per container;

(6) the batch or lot number;

(7) the name, business address, and contact information of the manufacturer or distributor;

(8) an expiration or use by date;

and (9) a quick response (QR) or equivalent scannable code or website linking to the certificate of analysis for the batch.

The Department may make modifications and additions to these requirements by rule.

(d) All final hemp consumer cannabinoid products shall be sold in a container as defined by this Act.

Each container shall be individually wrapped or packaged at the original point of preparation.

Any product containing hemp shall be packaged in a sealed, child-resistant container that complies with current standards, including the Consumer Product Safety SB3222 Enrolled - 20 - LRB104 19119 AAS 32564 b Commission standards referenced in the federal Poison Prevention Packaging Act or any other requirement set by the Department by rule.

(e) Labels and Packaging must not contain information that:

(1) is false or misleading or includes a representation that the product is a cannabis product;

(2) promotes excessive consumption;

(3) includes any image designed or likely to appeal to minors, including cartoons, fruit, toys, animals, or children, or any other likeness to images, characters, or phrases used to advertise to children;

(4) imitates the trade dress, name, or packaging of any commercial non-cannabis or non-hemp food, candy, beverage, or product primarily marketed to children;

(5) contains any seal, flag, crest, coat of arms, or other insignia likely to mislead a purchaser into believing the product has been endorsed, made, or used by the State of Illinois or any of its representatives, except where authorized by this Act;

(6) misstates or omits cannabinoid content or ingredients;

or (7) makes health claims.

(f) Labeling and packaging requirements may be modified by the Department by rule.

(g) The Department may issue a mandatory recall for any SB3222 Enrolled - 21 - LRB104 19119 AAS 32564 b product or product line found to be in violation of any provision of this Section.

Section 40.

Violations.

(a) A person or retailer that sells, offers for sale, distributes, or holds for sale a final consumer hemp cannabinoid product that does not comply with any requirement of this Act or any rule adopted under this Act commits a violation of this Act.

Products derived from the plant Cannabis sativa L.

that do not meet the definition of hemp or hemp-derived cannabinoid product are considered cannabis as defined by the Cannabis Regulation and Tax Act and Cannabis Control Act.

Nothing in this Act limits the authority of any other State agency or unit of local government to inspect a person or retailer subject to this Act or to enforce other applicable laws.

(b) The Department of Agriculture, Department of Financial and Professional Regulation, Department of Public Health, Illinois State Police, Department of Revenue, and the unit of local government where the premises are located may, during ordinary business hours, enter and inspect any premises where hemp-derived cannabinoid products or final consumer hemp cannabinoid products are sold, offered for sale, stored, or distributed.

Refusal to permit inspection constitutes a separate violation subject to a fine under Section 45.

SB3222 Enrolled - 22 - LRB104 19119 AAS 32564 b Section 45.

Penalties.

Upon a finding that a person or retailer has violated this Act, the Department may impose fines as follows:

(1) for a first violation within a 24-month period, a fine not to exceed $500;

(2) for a second violation within a 24-month period, a fine not to exceed $750;

and (3) for a third or subsequent violation within a 24-month period, a fine not to exceed $1,000.

Fines imposed under this subsection are in addition to, and not in lieu of, any other civil, criminal, or administrative remedy available under this Act or any other law.

All penalties collected shall be deposited into the Illinois Hemp Regulatory Fund.

Section 50.

Cease and desist orders;

mandatory recalls;

consumer fraud.

(a) The Director may issue a cease and desist order to any person doing business without the required license or when in the opinion of the Director the person is violating or is about to violate any provision of this Act or any rule or requirement imposed in writing by the Department, including the sale of products not in compliance with this Act.

The cease and desist order permitted by this Section may be issued before a hearing.

(b) The Director shall serve notice of the Director's SB3222 Enrolled - 23 - LRB104 19119 AAS 32564 b action, including, but not limited to, a statement of the reasons for the action, either personally, or by certified mail, or by regular mail.

Service by certified or regular mail shall be deemed completed when the notice is deposited in the U.S.

Mail.

(c) Within 10 calendar days after service of the cease and desist order, the licensee or other person may request a hearing in writing.

The Director shall schedule a hearing within 90 days after the request for a hearing unless otherwise agreed to by the parties.

(d) If it is determined that the Director had the authority to issue the cease and desist order, the Director may issue such orders as may be reasonably necessary to correct, eliminate, or remedy the conduct.

(e) The Director may seek to compel compliance with the Cease and Desist Order in the circuit court through the Attorney General's Office.

Any person in violation of a cease and desist order issued by the Department is subject to all penalties provided by law.

(f) The powers vested in the Director by this Section are in addition to any and all other powers and remedies vested in the Director by law, and nothing in this Section shall be construed as requiring that the Director shall employ the power conferred in this Section instead of or as a condition precedent to the exercise of any other power or remedy vested in the Director.

SB3222 Enrolled - 24 - LRB104 19119 AAS 32564 b (g) Whenever the Department issues a mandatory recall under this Act, every person or retailer in possession of the recalled product shall, within the time specified in the recall order, remove the product from sale, segregate it from compliant inventory, and either return it to the manufacturer or distributor or hold it for destruction in accordance with Department instructions.

A person or retailer that fails to comply with a mandatory recall order is subject to a civil penalty under rules adopted by the Department for each day the violation continues, and each non-compliant product retained in violation of the order constitutes a separate violation.

(h) When a product recalled under this Section has been finally determined by the Department to be non-compliant, the Director may petition the circuit court of the county in which the product is located for an order condemning the product and directing its destruction or other lawful disposition at the expense of the person or retailer in possession.

(i) The Department may adopt rules necessary to administer and enforce this Section, including rules establishing a schedule of presumptive civil penalties, procedures for stop-sale orders and embargoes, standards for manufacturer certifications of compliance, and procedures for mandatory recalls.

(j) The Attorney General may also enforce a violation of this Act as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.

SB3222 Enrolled - 25 - LRB104 19119 AAS 32564 b Section 55.

Illinois Hemp Regulatory Fund.

There is created in the State treasury a special fund to be known as the Illinois Hemp Regulatory Fund.

All fees and fines collected by the Department under this Act shall be deposited into the Fund.

Moneys in the Illinois Hemp Regulatory Fund shall be used by the Department for the purposes of implementing, administering, and enforcing this Act.

Notwithstanding any other provision of law, in addition to any other transfers that may be provided by law, on November 12, 2026, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Industrial Hemp Regulatory Fund into the Illinois Hemp Regulatory Fund.

Upon completion of the transfers, the Industrial Hemp Regulatory Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund pass to the Illinois Hemp Regulatory Fund.

Section 60.

Immunity.

Except for willful or wanton misconduct, a person employed by the Department shall not be subject to criminal or civil liability for taking any action under this Act within the scope of his or her employment.

Representation and indemnification of Department employees shall be provided as set forth in Section 2 of the State Employee Indemnification Act.

SB3222 Enrolled - 26 - LRB104 19119 AAS 32564 b Section 65.

Construction.

(a) Nothing in this Act shall be construed to authorize any person to violate any federal rule, regulation, or law.

If, as of November 13, 2026, this Act conflicts with the statutory text of 7 U.S.C.

1639p, the federal provision, as of November 13, 2026, shall control to the extent of the conflict.

(b) Nothing in this Act shall prohibit the transportation or shipment of hemp or hemp products produced in accordance with subtitle G of the Agricultural Marketing Act of 1946 (7 U.S.C.

1639o et seq.) through the State.

Section 70.

Home Rule.

A home rule unit may not regulate hemp in a manner less restrictive than the regulation of hemp under this Act.

This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 100.

The Department of Professional Regulation Law of the Civil Administrative Code of Illinois is amended by changing Section 2105-117 as follows:

(20 ILCS 2105/2105-117) Sec.

2105-117.

Confidentiality.

All information collected SB3222 Enrolled - 27 - LRB104 19119 AAS 32564 b by the Department in the course of an examination or investigation of a licensee, registrant, or applicant, including, but not limited to, any complaint against a licensee or registrant filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed.

The Department may not disclose the information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Director, the Office of the Executive Inspector General, or a party presenting a lawful subpoena to the Department.

Information and documents disclosed to a federal, State, county, or local law enforcement agency, including the Office of the Executive Inspector General, shall not be disclosed by the agency for any purpose to any other agency or person, except as necessary to those involved in enforcing the State Officials and Employees Ethics Act.

A formal complaint filed against a licensee or registrant by the Department or any order issued by the Department against a licensee, registrant, or applicant shall be a public record, except as otherwise prohibited by law.

99-227,97-1108, eff.

8-3-15.)1-1-13; Section 105.

The97-1150, Criminaleff. Identification Act is amended by changing Section 5.2 as follows:

SB32221-25-13; Enrolled - 28 - LRB104 19119 AAS 32564 b (20 ILCS 2630/5.2) (Text of Section before amendment by P.A.

104-459)98-45, Sec.eff.

5.2.6-28-13.) (220 ILCS 5/22-504 new) Sec.

Expungement,22-504. sealing, and immediate sealing.

(a)Volume Generalof Provisions.commercial advertisements.

(1)(a) Definitions.On and after July 1, 2027, a video streaming service or third-party advertising manager that serves consumers residing in the State shall exercise reasonable care in normalizing the audio of short-form content so that the audio is not transmitted at a louder volume than the audio of the 10400SB3222sam001 -27- LRB104 19119 AAS 37184 a accompanying long-form content, consistent with the regulations adopted by the Federal Communications Commission pursuant to the Commercial Advertisement Loudness Mitigation (CALM) Act (Public Law 111-311) for television broadcast stations, cable operators, and other video programming distributors.

InThere thisshall Act,be wordsa andrebuttable phrasespresumption havethat a video streaming service or third-party advertising manager that maintains processes to require that the meaningsaudio setof forthshort-form incontent thisnot subsection,be exceptlouder whenthan athe particularaudio contextof clearlythe requiresaccompanying along-form differentcontent meaning.that are similar to processes employed by the video streaming service or third-party advertising manager to comply with the CALM Act (Public Law 111-311) is exercising reasonable care.

(A)(b) TheA followingvideo termsstreaming shallservice haveor thethird-party meaningsadvertising ascribedmanager tothat themengages in thenormalization followingshall Sectionsbe ofdeemed thein Unifiedcompliance Codewith ofthis Corrections:Section.

Business(c) Offense,A Sectionvideo 5-1-2.streaming service that engages a third-party advertising manager to solely control the loudness of the audio of short-form content on the video streaming service shall not be liable under subsection (a) for short-form content distributed by the third-party advertising manager on the video streaming service if the video streaming service enters into a written agreement with the third-party advertising manager that requires the audio of short-form content distributed by the third-party advertising manager to not be louder than the target loudness of the audio of the 10400SB3222sam001 -28- LRB104 19119 AAS 37184 a accompanying long-form content distributed by the video streaming service, consistent with established industry standards.

Charge,(d) This Section 5-1-3.does not create a private right of action.

Court,The SectionAttorney 5-1-6.General shall have exclusive authority to enforce the provisions of this Section.

Defendant,(e) For purposes of this Section, the distribution of an individually identifiable piece of short-form content within a 30-day period after the first distribution of the content in violation of this Section 5-1-7.constitutes a single violation, regardless of how many individual consumers receive a transmission of such content.

Felony,(f) SectionBefore 5-1-9.initiating any action under this Section, the Attorney General shall provide a video streaming service or third-party advertising manager written notice of an alleged violation.

Imprisonment,If, Sectionwithin 5-1-10.45 days after receipt of the notice, the video streaming service or third-party advertising manager cures the alleged violation by either (i) ceasing to distribute the individually identifiable piece of short-form content or (ii) normalizing the audio of the individually identifiable piece of short-form content for all subsequent distributions of the content, the video streaming service or third-party advertising manager shall not be liable for the alleged violation cured pursuant to this Section.".

Judgment, Section 5-1-12.

Misdemeanor, Section 5-1-14.

Offense, Section 5-1-15.

Parole, Section 5-1-16.

Petty Offense, Section 5-1-17.

Probation, Section 5-1-18.

Sentence, Section 5-1-19.

Supervision, Section 5-1-21.

Victim, Section 5-1-22.

SB3222 Enrolled - 29 - LRB104 19119 AAS 32564 b (B) As used in this Section, "charge not initiated by arrest" means a charge (as defined by Section 5-1-3 of the Unified Code of Corrections) brought against a defendant where the defendant is not arrested prior to or as a direct result of the charge.

(C) "Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.

An order of supervision successfully completed by the petitioner is not a conviction.

An order of qualified probation (as defined in subsection (a)(1)(J)) successfully completed by the petitioner is not a conviction.

An order of supervision or an order of qualified probation that is terminated unsatisfactorily is a conviction, unless the unsatisfactory termination is reversed, vacated, or modified and the judgment of conviction, if any, is reversed or vacated.

(D) "Criminal offense" means a petty offense, business offense, misdemeanor, felony, or municipal ordinance violation (as defined in subsection (a)(1)(H)).

As used in this Section, a minor traffic offense (as defined in subsection (a)(1)(G)) shall not be considered a criminal offense.

SB3222 Enrolled - 30 - LRB104 19119 AAS 32564 b (E) "Expunge" means to physically destroy the records or return them to the petitioner and to obliterate the petitioner's name from any official index or public record, or both.

Nothing in this Act shall require the physical destruction of the circuit court file, but such records relating to arrests or charges, or both, ordered expunged shall be impounded as required by subsections (d)(9)(A)(ii) and (d)(9)(B)(ii).

(F) As used in this Section, "last sentence" means the sentence, order of supervision, or order of qualified probation (as defined by subsection (a)(1)(J)), for a criminal offense (as defined by subsection (a)(1)(D)) that terminates last in time in any jurisdiction, regardless of whether the petitioner has included the criminal offense for which the sentence or order of supervision or qualified probation was imposed in his or her petition.

If multiple sentences, orders of supervision, or orders of qualified probation terminate on the same day and are last in time, they shall be collectively considered the "last sentence" regardless of whether they were ordered to run concurrently.

(G) "Minor traffic offense" means a petty offense, business offense, or Class C misdemeanor under the Illinois Vehicle Code or a similar provision of a SB3222 Enrolled - 31 - LRB104 19119 AAS 32564 b municipal or local ordinance.

(G-5) "Minor Cannabis Offense" means a violation of Section 4 or 5 of the Cannabis Control Act concerning not more than 60 30 grams of any substance containing cannabis, provided the violation did not include a penalty enhancement under Section 7 of the Cannabis Control Act and is not associated with an arrest, conviction or other disposition for a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act.

(H) "Municipal ordinance violation" means an offense defined by a municipal or local ordinance that is criminal in nature and with which the petitioner was charged or for which the petitioner was arrested and released without charging.

(I) "Petitioner" means an adult or a minor prosecuted as an adult who has applied for relief under this Section.

(J) "Qualified probation" means an order of probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, Section 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as those provisions existed before their deletion by SB3222 Enrolled - 32 - LRB104 19119 AAS 32564 b Public Act 89-313), Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Substance Use Disorder Act, or Section 10 of the Steroid Control Act.

For the purpose of this Section, "successful completion" of an order of qualified probation under Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act and Section 40-10 of the Substance Use Disorder Act means that the probation was terminated satisfactorily and the judgment of conviction was vacated.

(K) "Seal" means to physically and electronically maintain the records, unless the records would otherwise be destroyed due to age, but to make the records unavailable without a court order, subject to the exceptions in Sections 12 and 13 of this Act.

The petitioner's name shall also be obliterated from the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but any index issued by the circuit court clerk before the entry of the order to seal shall not be affected.

(L) "Sexual offense committed against a minor" includes, but is not limited to, the offenses of indecent solicitation of a child or criminal sexual abuse when the victim of such offense is under 18 years of age.

SB3222 Enrolled - 33 - LRB104 19119 AAS 32564 b (M) "Terminate" as it relates to a sentence or order of supervision or qualified probation includes either satisfactory or unsatisfactory termination of the sentence, unless otherwise specified in this Section.

A sentence is terminated notwithstanding any outstanding financial legal obligation.

(2) Minor Traffic Offenses.

Orders of supervision or convictions for minor traffic offenses shall not affect a petitioner's eligibility to expunge or seal records pursuant to this Section.

(2.5) Commencing 180 days after July 29, 2016 (the effective date of Public Act 99-697), the law enforcement agency issuing the citation shall automatically expunge, on or before January 1 and July 1 of each year, the law enforcement records of a person found to have committed a civil law violation of subsection (a) of Section 4 of the Cannabis Control Act or subsection (c) of Section 3.5 of the Drug Paraphernalia Control Act in the law enforcement agency's possession or control and which contains the final satisfactory disposition which pertain to the person issued a citation for that offense.

The law enforcement agency shall provide by rule the process for access, review, and to confirm the automatic expungement by the law enforcement agency issuing the citation.

Commencing 180 days after July 29, 2016 (the effective date of Public Act 99-697), the clerk of the circuit court shall expunge, SB3222 Enrolled - 34 - LRB104 19119 AAS 32564 b upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the court records of a person found in the circuit court to have committed a civil law violation of subsection (a) of Section 4 of the Cannabis Control Act or subsection (c) of Section 3.5 of the Drug Paraphernalia Control Act in the clerk's possession or control and which contains the final satisfactory disposition which pertain to the person issued a citation for any of those offenses.

(3) Exclusions.

Except as otherwise provided in subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) of this Section, the court shall not order:

(A) the sealing or expungement of the records of arrests or charges not initiated by arrest that result in an order of supervision for or conviction of:

(i) any sexual offense committed against a minor;

(ii) Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance;

or (iii) Section 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, unless the arrest or charge is for a misdemeanor violation of subsection (a) of Section 11-503 or a similar provision of a local ordinance, that occurred prior to the offender reaching the age of 25 years and the offender has no other conviction for violating Section 11-501 or 11-503 of the Illinois Vehicle Code or a SB3222 Enrolled - 35 - LRB104 19119 AAS 32564 b similar provision of a local ordinance.

(B) the sealing or expungement of records of minor traffic offenses (as defined in subsection (a)(1)(G)), unless the petitioner was arrested and released without charging.

(C) the sealing of the records of arrests or charges not initiated by arrest which result in an order of supervision or a conviction for the following offenses:

(i) offenses included in Article 11 of the Criminal Code of 1961 or the Criminal Code of 2012 or a similar provision of a local ordinance, except Section 11-14 and a misdemeanor violation of Section 11-30 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a local ordinance;

(ii) Section 11-1.50, 12-3.4, 12-15, 12-30, 26-5, or 48-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a local ordinance;

(iii) Section 12-3.1 or 12-3.2 of the Criminal Code of 1961 or the Criminal Code of 2012, or Section 125 of the Stalking No Contact Order Act, or Section 219 of the Civil No Contact Order Act, or a similar provision of a local ordinance;

(iv) Class A misdemeanors or felony offenses SB3222 Enrolled - 36 - LRB104 19119 AAS 32564 b under the Humane Care for Animals Act;

or (v) any offense or attempted offense that would subject a person to registration under the Sex Offender Registration Act.

(D) (blank).

(b) Expungement.

(1) A petitioner may petition the circuit court to expunge the records of his or her arrests and charges not initiated by arrest when each arrest or charge not initiated by arrest sought to be expunged resulted in:

(i) acquittal, dismissal, or the petitioner's release without charging, unless excluded by subsection (a)(3)(B);

(ii) a conviction which was vacated or reversed, unless excluded by subsection (a)(3)(B);

(iii) an order of supervision and such supervision was successfully completed by the petitioner, unless excluded by subsection (a)(3)(A) or (a)(3)(B);

or (iv) an order of qualified probation (as defined in subsection (a)(1)(J)) and such probation was successfully completed by the petitioner.

(1.5) When a petitioner seeks to have a record of arrest expunged under this Section, and the offender has been convicted of a criminal offense, the State's Attorney may object to the expungement on the grounds that the records contain specific relevant information aside from the mere fact of the arrest.

(2) Time frame for filing a petition to expunge.

SB3222 Enrolled - 37 - LRB104 19119 AAS 32564 b (A) When the arrest or charge not initiated by arrest sought to be expunged resulted in an acquittal, dismissal, the petitioner's release without charging, or the reversal or vacation of a conviction, there is no waiting period to petition for the expungement of such records.

(A-5) In anticipation of the successful completion of a problem-solving court, pre-plea diversion, or post-plea diversion program, a petition for expungement may be filed 61 days before the anticipated dismissal of the case or any time thereafter.

Upon successful completion of the program and dismissal of the case, the court shall review the petition of the person graduating from the program and shall grant expungement if the petitioner meets all requirements as specified in any applicable statute.

(B) When the arrest or charge not initiated by arrest sought to be expunged resulted in an order of supervision, successfully completed by the petitioner, the following time frames will apply:

(i) Those arrests or charges that resulted in orders of supervision under Section 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance, or under Section 11-1.50, 12-3.2, or 12-15 of the Criminal Code of 1961 or the Criminal Code of 2012, or a SB3222 Enrolled - 38 - LRB104 19119 AAS 32564 b similar provision of a local ordinance, shall not be eligible for expungement until 5 years have passed following the satisfactory termination of the supervision.

(i-5) Those arrests or charges that resulted in orders of supervision for a misdemeanor violation of subsection (a) of Section 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, that occurred prior to the offender reaching the age of 25 years and the offender has no other conviction for violating Section 11-501 or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance shall not be eligible for expungement until the petitioner has reached the age of 25 years.

(ii) Those arrests or charges that resulted in orders of supervision for any other offenses shall not be eligible for expungement until 2 years have passed following the satisfactory termination of the supervision.

(C) When the arrest or charge not initiated by arrest sought to be expunged resulted in an order of qualified probation, successfully completed by the petitioner, such records shall not be eligible for expungement until 5 years have passed following the satisfactory termination of the probation.

SB3222 Enrolled - 39 - LRB104 19119 AAS 32564 b (3) Those records maintained by the Illinois State Police for persons arrested prior to their 17th birthday shall be expunged as provided in Section 5-915 of the Juvenile Court Act of 1987.

(4) Whenever a person has been arrested for or convicted of any offense, in the name of a person whose identity he or she has stolen or otherwise come into possession of, the aggrieved person from whom the identity was stolen or otherwise obtained without authorization, upon learning of the person having been arrested using his or her identity, may, upon verified petition to the chief judge of the circuit wherein the arrest was made, have a court order entered nunc pro tunc by the Chief Judge to correct the arrest record, conviction record, if any, and all official records of the arresting authority, the Illinois State Police, other criminal justice agencies, the prosecutor, and the trial court concerning such arrest, if any, by removing his or her name from all such records in connection with the arrest and conviction, if any, and by inserting in the records the name of the offender, if known or ascertainable, in lieu of the aggrieved's name.

The records of the circuit court clerk shall be sealed until further order of the court upon good cause shown and the name of the aggrieved person obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of SB3222 Enrolled - 40 - LRB104 19119 AAS 32564 b Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order.

Nothing in this Section shall limit the Illinois State Police or other criminal justice agencies or prosecutors from listing under an offender's name the false names he or she has used.

(5) Whenever a person has been convicted of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse, the victim of that offense may request that the State's Attorney of the county in which the conviction occurred file a verified petition with the presiding trial judge at the petitioner's trial to have a court order entered to seal the records of the circuit court clerk in connection with the proceedings of the trial court concerning that offense.

However, the records of the arresting authority and the Illinois State Police concerning the offense shall not be sealed.

The court, upon good cause shown, shall make the records of the circuit court clerk in connection with the proceedings of the trial court concerning the offense available for public inspection.

(6) If a conviction has been set aside on direct review or on collateral attack and the court determines by clear and convincing evidence that the petitioner was factually innocent of the charge, the court that finds the SB3222 Enrolled - 41 - LRB104 19119 AAS 32564 b petitioner factually innocent of the charge shall enter an expungement order for the conviction for which the petitioner has been determined to be innocent as provided in subsection (b) of Section 5-5-4 of the Unified Code of Corrections.

(7) Nothing in this Section shall prevent the Illinois State Police from maintaining all records of any person who is admitted to probation upon terms and conditions and who fulfills those terms and conditions pursuant to Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Substance Use Disorder Act, or Section 10 of the Steroid Control Act.

(8) If the petitioner has been granted a certificate of innocence under Section 2-702 of the Code of Civil Procedure, the court that grants the certificate of innocence shall also enter an order expunging the conviction for which the petitioner has been determined to be innocent as provided in subsection (h) of Section 2-702 of the Code of Civil Procedure.

SB3222 Enrolled - 42 - LRB104 19119 AAS 32564 b (c) Sealing.

(1) Applicability.

Notwithstanding any other provision of this Act to the contrary, and cumulative with any rights to expungement of criminal records, this subsection authorizes the sealing of criminal records of adults and of minors prosecuted as adults.

Subsection (g) of this Section provides for immediate sealing of certain records.

(2) Eligible Records.

The following records may be sealed:

(A) All arrests resulting in release without charging;

(B) Arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, except as excluded by subsection (a)(3)(B);

(C) Arrests or charges not initiated by arrest resulting in orders of supervision, including orders of supervision for municipal ordinance violations, successfully completed by the petitioner, unless excluded by subsection (a)(3);

(D) Arrests or charges not initiated by arrest resulting in convictions, including convictions on municipal ordinance violations, unless excluded by subsection (a)(3);

(E) Arrests or charges not initiated by arrest resulting in orders of first offender probation under SB3222 Enrolled - 43 - LRB104 19119 AAS 32564 b Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, or Section 5-6-3.3 of the Unified Code of Corrections;

and (F) Arrests or charges not initiated by arrest resulting in felony convictions unless otherwise excluded by subsection (a) paragraph (3) of this Section.

(3) When Records Are Eligible to Be Sealed.

Records identified as eligible under subsection (c)(2) may be sealed as follows:

(A) Records identified as eligible under subsections (c)(2)(A) and (c)(2)(B) may be sealed at any time.

(B) Except as otherwise provided in subparagraph (E) of this paragraph (3), records identified as eligible under subsection (c)(2)(C) may be sealed 2 years after the termination of petitioner's last sentence (as defined in subsection (a)(1)(F)).

(C) Except as otherwise provided in subparagraph (E) of this paragraph (3), records identified as eligible under subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be sealed 3 years after the termination of the petitioner's last sentence (as defined in subsection (a)(1)(F)).

Convictions requiring public SB3222 Enrolled - 44 - LRB104 19119 AAS 32564 b registration under the Arsonist Registry Act, the Sex Offender Registration Act, or the Murderer and Violent Offender Against Youth Registration Act may not be sealed until the petitioner is no longer required to register under that relevant Act.

(D) Records identified in subsection (a)(3)(A)(iii) may be sealed after the petitioner has reached the age of 25 years.

(E) Records identified as eligible under subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or (c)(2)(F) may be sealed upon termination of the petitioner's last sentence if the petitioner earned a high school diploma, associate's degree, career certificate, vocational technical certification, or bachelor's degree, or passed the high school level Test of General Educational Development, during the period of his or her sentence or mandatory supervised release.

This subparagraph shall apply only to a petitioner who has not completed the same educational goal prior to the period of his or her sentence or mandatory supervised release.

If a petition for sealing eligible records filed under this subparagraph is denied by the court, the time periods under subparagraph (B) or (C) shall apply to any subsequent petition for sealing filed by the petitioner.

(4) Subsequent felony convictions.

A person may not SB3222 Enrolled - 45 - LRB104 19119 AAS 32564 b have subsequent felony conviction records sealed as provided in this subsection (c) if he or she is convicted of any felony offense after the date of the sealing of prior felony convictions as provided in this subsection (c).

The court may, upon conviction for a subsequent felony offense, order the unsealing of prior felony conviction records previously ordered sealed by the court.

(5) Notice of eligibility for sealing.

Upon entry of a disposition for an eligible record under this subsection (c), the petitioner shall be informed by the court of the right to have the records sealed and the procedures for the sealing of the records.

(d) Procedure.

The following procedures apply to expungement under subsections (b), (e), and (e-6) and sealing under subsections (c) and (e-5):

(1) Filing the petition.

Upon becoming eligible to petition for the expungement or sealing of records under this Section, the petitioner shall file a petition requesting the expungement or sealing of records with the clerk of the court where the arrests occurred or the charges were brought, or both.

If arrests occurred or charges were brought in multiple jurisdictions, a petition must be filed in each such jurisdiction.

The petitioner shall pay the applicable fee, except no fee shall be required if the petitioner has obtained a court order waiving fees under Supreme Court Rule 298 or it is SB3222 Enrolled - 46 - LRB104 19119 AAS 32564 b otherwise waived.

(1.5) County fee waiver pilot program.

From August 9, 2019 (the effective date of Public Act 101-306) through December 31, 2020, in a county of 3,000,000 or more inhabitants, no fee shall be required to be paid by a petitioner if the records sought to be expunged or sealed were arrests resulting in release without charging or arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, unless excluded by subsection (a)(3)(B).

The provisions of this paragraph (1.5), other than this sentence, are inoperative on and after January 1, 2022.

(2) Contents of petition.

The petition shall be verified and shall contain the petitioner's name, date of birth, current address and, for each arrest or charge not initiated by arrest sought to be sealed or expunged, the case number, the date of arrest (if any), the identity of the arresting authority, and such other information as the court may require.

During the pendency of the proceeding, the petitioner shall promptly notify the circuit court clerk of any change of his or her address.

If the petitioner has received a certificate of eligibility for sealing from the Prisoner Review Board under paragraph (10) of subsection (a) of Section 3-3-2 of the Unified Code of Corrections, the certificate shall be attached to SB3222 Enrolled - 47 - LRB104 19119 AAS 32564 b the petition.

(3) Drug test.

The petitioner must attach to the petition proof that the petitioner has taken within 30 days before the filing of the petition a test showing the absence within his or her body of all illegal substances as defined by the Illinois Controlled Substances Act and the Methamphetamine Control and Community Protection Act if he or she is petitioning to:

(A) seal felony records under clause (c)(2)(E);

(B) seal felony records for a violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act under clause (c)(2)(F);

(C) seal felony records under subsection (e-5);

or (D) expunge felony records of a qualified probation under clause (b)(1)(iv).

(4) Service of petition.

The circuit court clerk shall promptly serve a copy of the petition and documentation to support the petition under subsection (e-5) or (e-6) on the State's Attorney or prosecutor charged with the duty of prosecuting the offense, the Illinois State Police, the arresting agency and the chief legal officer of the unit of local government effecting the arrest.

(5) Objections.

(A) Any party entitled to notice of the petition may file an objection to the petition.

All objections SB3222 Enrolled - 48 - LRB104 19119 AAS 32564 b shall be in writing, shall be filed with the circuit court clerk, and shall state with specificity the basis of the objection.

Whenever a person who has been convicted of an offense is granted a pardon by the Governor which specifically authorizes expungement, an objection to the petition may not be filed.

(B) Objections to a petition to expunge or seal must be filed within 60 days of the date of service of the petition.

(6) Entry of order.

(A) The Chief Judge of the circuit wherein the charge was brought, any judge of that circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the petitioner's trial, if any, shall rule on the petition to expunge or seal as set forth in this subsection (d)(6).

(B) Unless the State's Attorney or prosecutor, the Illinois State Police, the arresting agency, or the chief legal officer files an objection to the petition to expunge or seal within 60 days from the date of service of the petition, the court shall enter an order granting or denying the petition.

(C) Notwithstanding any other provision of law, the court shall not deny a petition for sealing under this Section because the petitioner has not satisfied SB3222 Enrolled - 49 - LRB104 19119 AAS 32564 b an outstanding legal financial obligation established, imposed, or originated by a court, law enforcement agency, or a municipal, State, county, or other unit of local government, including, but not limited to, any cost, assessment, fine, or fee.

An outstanding legal financial obligation does not include any court ordered restitution to a victim under Section 5-5-6 of the Unified Code of Corrections, unless the restitution has been converted to a civil judgment.

Nothing in this subparagraph (C) waives, rescinds, or abrogates a legal financial obligation or otherwise eliminates or affects the right of the holder of any financial obligation to pursue collection under applicable federal, State, or local law.

(D) Notwithstanding any other provision of law, the court shall not deny a petition to expunge or seal under this Section because the petitioner has submitted a drug test taken within 30 days before the filing of the petition to expunge or seal that indicates a positive test for the presence of cannabis within the petitioner's body.

In this subparagraph (D), "cannabis" has the meaning ascribed to it in Section 3 of the Cannabis Control Act.

(7) Hearings.

If an objection is filed, the court shall set a date for a hearing and notify the petitioner and all parties entitled to notice of the petition of the SB3222 Enrolled - 50 - LRB104 19119 AAS 32564 b hearing date at least 30 days prior to the hearing.

Prior to the hearing, the State's Attorney shall consult with the Illinois State Police as to the appropriateness of the relief sought in the petition to expunge or seal.

At the hearing, the court shall hear evidence on whether the petition should or should not be granted, and shall grant or deny the petition to expunge or seal the records based on the evidence presented at the hearing.

The court may consider the following:

(A) the strength of the evidence supporting the defendant's conviction;

(B) the reasons for retention of the conviction records by the State;

(C) the petitioner's age, criminal record history, and employment history;

(D) the period of time between the petitioner's arrest on the charge resulting in the conviction and the filing of the petition under this Section;

and (E) the specific adverse consequences the petitioner may be subject to if the petition is denied.

(8) Service of order.

After entering an order to expunge or seal records, the court must provide copies of the order to the Illinois State Police, in a form and manner prescribed by the Illinois State Police, to the petitioner, to the State's Attorney or prosecutor charged SB3222 Enrolled - 51 - LRB104 19119 AAS 32564 b with the duty of prosecuting the offense, to the arresting agency, to the chief legal officer of the unit of local government effecting the arrest, and to such other criminal justice agencies as may be ordered by the court.

(9) Implementation of order.

(A) Upon entry of an order to expunge records pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or both:

(i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency, the Illinois State Police, and any other agency as ordered by the court, within 60 days of the date of service of the order, unless a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of subsection (d) of this Section;

(ii) the records of the circuit court clerk shall be impounded until further order of the court upon good cause shown and the name of the petitioner obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order;

and (iii) in response to an inquiry for expunged SB3222 Enrolled - 52 - LRB104 19119 AAS 32564 b records, the court, the Illinois State Police, or the agency receiving such inquiry, shall reply as it does in response to inquiries when no records ever existed.

(B) Upon entry of an order to expunge records pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or both:

(i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency and any other agency as ordered by the court, within 60 days of the date of service of the order, unless a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of subsection (d) of this Section;

(ii) the records of the circuit court clerk shall be impounded until further order of the court upon good cause shown and the name of the petitioner obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the Illinois State Police within 60 days of the date of service of the order as ordered by the court, unless a motion to vacate, modify, or reconsider SB3222 Enrolled - 53 - LRB104 19119 AAS 32564 b the order is filed pursuant to paragraph (12) of subsection (d) of this Section;

(iv) records impounded by the Illinois State Police may be disseminated by the Illinois State Police only as required by law or to the arresting authority, the State's Attorney, and the court upon a later arrest for the same or a similar offense or for the purpose of sentencing for any subsequent felony, and to the Department of Corrections upon conviction for any offense;

and (v) in response to an inquiry for such records from anyone not authorized by law to access such records, the court, the Illinois State Police, or the agency receiving such inquiry shall reply as it does in response to inquiries when no records ever existed.

(B-5) Upon entry of an order to expunge records under subsection (e-6):

(i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency and any other agency as ordered by the court, within 60 days of the date of service of the order, unless a motion to vacate, modify, or reconsider the order is filed under paragraph (12) of subsection (d) of this Section;

(ii) the records of the circuit court clerk SB3222 Enrolled - 54 - LRB104 19119 AAS 32564 b shall be impounded until further order of the court upon good cause shown and the name of the petitioner obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the Illinois State Police within 60 days of the date of service of the order as ordered by the court, unless a motion to vacate, modify, or reconsider the order is filed under paragraph (12) of subsection (d) of this Section;

(iv) records impounded by the Illinois State Police may be disseminated by the Illinois State Police only as required by law or to the arresting authority, the State's Attorney, and the court upon a later arrest for the same or a similar offense or for the purpose of sentencing for any subsequent felony, and to the Department of Corrections upon conviction for any offense;

and (v) in response to an inquiry for these records from anyone not authorized by law to access the records, the court, the Illinois State Police, or the agency receiving the inquiry shall reply as it does in response to inquiries when no SB3222 Enrolled - 55 - LRB104 19119 AAS 32564 b records ever existed.

(C) Upon entry of an order to seal records under subsection (c), the arresting agency, any other agency as ordered by the court, the Illinois State Police, and the court shall seal the records (as defined in subsection (a)(1)(K)).

In response to an inquiry for such records, from anyone not authorized by law to access such records, the court, the Illinois State Police, or the agency receiving such inquiry shall reply as it does in response to inquiries when no records ever existed.

(D) The Illinois State Police shall send written notice to the petitioner of its compliance with each order to expunge or seal records within 60 days of the date of service of that order or, if a motion to vacate, modify, or reconsider is filed, within 60 days of service of the order resolving the motion, if that order requires the Illinois State Police to expunge or seal records.

In the event of an appeal from the circuit court order, the Illinois State Police shall send written notice to the petitioner of its compliance with an Appellate Court or Supreme Court judgment to expunge or seal records within 60 days of the issuance of the court's mandate.

The notice is not required while any motion to vacate, modify, or reconsider, or any appeal or petition for SB3222 Enrolled - 56 - LRB104 19119 AAS 32564 b discretionary appellate review, is pending.

(E) Upon motion, the court may order that a sealed judgment or other court record necessary to demonstrate the amount of any legal financial obligation due and owing be made available for the limited purpose of collecting any legal financial obligations owed by the petitioner that were established, imposed, or originated in the criminal proceeding for which those records have been sealed.

The records made available under this subparagraph (E) shall not be entered into the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act and shall be immediately re-impounded upon the collection of the outstanding financial obligations.

(F) Notwithstanding any other provision of this Section, a circuit court clerk may access a sealed record for the limited purpose of collecting payment for any legal financial obligations that were established, imposed, or originated in the criminal proceedings for which those records have been sealed.

(10) Fees.

The Illinois State Police may charge the petitioner a fee equivalent to the cost of processing any order to expunge or seal records.

Notwithstanding any provision of the Clerks of Courts Act to the contrary, the circuit court clerk may charge a fee equivalent to the SB3222 Enrolled - 57 - LRB104 19119 AAS 32564 b cost associated with the sealing or expungement of records by the circuit court clerk.

From the total filing fee collected for the petition to seal or expunge, the circuit court clerk shall deposit $10 into the Circuit Court Clerk Operation and Administrative Fund, to be used to offset the costs incurred by the circuit court clerk in performing the additional duties required to serve the petition to seal or expunge on all parties.