SB 3222 — VIDEO STREAMING AD VOLUME

customer"Hemp serviceproduction telephoneplan" numbersmeans 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 hours;consistent 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.

procedures"Industrial forhemp" billing,means: charges, deposits, refunds, and credits;

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

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

changes(3) relatedhemp togrown transmissionfor the purpose of programming;producing 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;

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

the1001), useor andat availabilityan ofindependent parentalresearch controlinstitute; or lock-out devices;

or (5) hemp grown for the useproduction andof availabilitya viable seed of anthe A/Bplant switchproduced ifsolely applicable;for the production or manufacture of any material described in paragraphs (1) through (4).

complaint"Industrial procedureshemp andproduct" proceduresmeans fora billproduct disputederived resolution;from industrial hemp that does not contain cannabinoids.

aSB3222 descriptionEnrolled of- the6 rights- andLRB104 remedies19119 availableAAS to32564 consumersb if"Industrial thehemp cableprocessor" ormeans videoa providerfacility doesthat notprocesses materiallyor meethandles itsraw customerindustrial servicehemp standards;plant material.

and"Intermediate specialhemp-derived servicescannabinoid forproduct" customersmeans witha visual,hemp-derived hearing,cannabinoid orproduct mobilitythat: disabilities.

(2)(1) Cableis ornot videoyet providers'in ratesthe forfinal eachform levelor ofpreparation service,marketed rules,or regulations,intended and policies related to itsbe cableused service or videoconsumed serviceby describeda inhuman paragraph (1) of this subsection (a) must be made available to the public and displayed clearly and conspicuously on the cable or videoanimal; provider's site on the Internet.

If a promotional price or a(2) priceis for a specifiedpowder, periodliquid, oftablet, timeoil, is offered, the cable or videoother providerproduct shallform displaythat theis priceintended ator themarketed endto ofbe themixed, promotionaldissolved, periodformulated, or specifiedotherwise periodadded ofto timeor clearlyprepared andwith conspicuouslyor withinto theany displayother ofsubstance theprior promotionalto priceadministration or priceconsumption. for a specified period of time.

TheAn cableintermediate orhemp-derived videocannabinoid providerproduct SB3222 Engrossed - 6 - LRB104 19119 AAS 32564 b shall providenot thiscontain: information upon request.

(3)(i) Cablecannabinoids orthat videoare providersincapable shallof providebeing noticenaturally concerningproduced theirby generala customerCannabis servicesativa standardsL. to all customers.

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

The(ii) informationcannabinoids inthat theare noticecapable shall also be available on the cable or video providers' websites and shall include all of thebeing informationnaturally specifiedproduced inby paragrapha (1)Cannabis ofsativa thisL. subsection (a), as well as the following:

aplant listingbut ofwere servicessynthesized offered by the cable or videomanufactured providers,outside which shall clearly describe programming for all services and all levels of service;the plant;

theor rates(iii) formore allthan servicesa andcombined levelstotal tetrahydrocannabinol concentration of service;0.3%, including tetrahydrocannabinolic acid and any other cannabinoids with similar effects on humans or animals as tetrahydrocannabinol.

"Land area" means a telephonefarm, numberas throughdefined whichin customersSection may1-60 subscribeof to,the change,Property orTax terminateCode, service,in requestthis customerState service,or land or seekfacilities generalunder orthe billingcontrol information;of an institution of higher education.

instructions"Person" onmeans theany useindividual, ofcorporation, thegovernment cableor governmental subdivision or videoagency, services;business trust, estate, SB3222 Enrolled - 7 - LRB104 19119 AAS 32564 b trust, partnership, association, or any other entity.

andSection a10. description of rights and remedies that the cable or video providers shall make available to their customers if they do not materially meet the general customer service standards described in this Act.

(b)Prohibitions Generalon customerthe servicesale obligations:and distribution of hemp products.

(1)(a) CableNo person may distribute or videosell providerscannabis, shallhemp, renderindustrial reasonablyhemp, efficientor service,any promptlyproduct makederived repairs,from andcannabis, interrupthemp, serviceor onlyindustrial hemp in this State, except as necessaryauthorized under the Cannabis Regulation and forTax goodAct, cause,the duringCompassionate periodsUse of minimumMedical useCannabis ofAct, or this Act, unless the systemproduct andmeets forthe nodefinition moreof thana 24"final hours.consumer hemp cannabinoid product" or an "industrial hemp product".

SB3222(b) EngrossedNo -person 7may -manufacture LRB104or 19119produce AASany 32564product bderived (2)from Allhemp service representatives or anyindustrial otherhemp personwithout whofirst contactsobtaining customersan orindustrial potentialhemp customersprocessor onregistration behalf of the cable or video provider shall have a visiblehemp identificationproduct cardmanufacturer withlicense theirunder namethis andAct. photograph and shall orally identify themselves upon first contact with the customer.

CustomerSection service15. representatives shall orally identify themselves to callers immediately following the greeting during each telephone contact with the public.

(3)Cannabinoid Thelists. cable or video providers shall:

(i)(a) maintainThe afollowing customerlists serviceshall facilitybe withinused the boundaries of a local unit of government staffed by customer service representatives that have the capacity to acceptdetermine payment,what adjustis bills,hemp and respondwhat toproducts repair,qualify installation,as reconnection,a disconnection,final orconsumer otherhemp servicecannabinoid callsproduct andunder distributethis orAct: receive converter boxes, remote control units, digital stereo units, or other equipment related to the provision of cable or video service;

(ii)(1) provideCannabinoids customersthat withare billconsidered paymentcapable facilitiesof throughbeing retail,naturally financial,produced orby other commercial institutions located within the boundaries of a localCannabis unitsativa ofL. government;

(iii)plant: 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 SB3222 Engrossed - 8 - LRB104 19119 AAS 32564 b collection boxes, it shall provide a printed receipt when items are deposited;

or(A) (iv)Cannabigerol provide(CBG), anwhich address,includes, toll-freebut telephoneis number,not orlimited electronicto: 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.

(4)(i) InCBGA each(Cannabigerolic contactacid); 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.

In(ii) theCBG event(Cannabigerol); that the cost of service 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.

(5) Cable or video providers shall provide customers a minimum of 30 days' 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, SB3222 EngrossedEnrolled - 98 - LRB104 19119 AAS 32564 b provided(iii) thatCBGVA the(Cannabigerovarinic cableacid); 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.

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

If(B) aCannabidiol customer(CBD), experienceswhich poorincludes, videobut oris audionot receptionlimited dueto: to the equipment of the cable or video provider, the cable or video provider shall promptly repair the problem at its own expense.

(c)(i) Bills,CBDA payment,(Cannabidiolic andacid); termination:

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

(2)(iii) EveryCBDVA residential(Cannabidivarinic customeracid); who pays bills directly to the cable or video provider shall have at least 28 days from the date of the bill to pay the listed charges.

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

When(C) theDelta payment9-Tetrahydrocannabinol is(THC), sentwhich byincludes, Unitedbut States mail, payment is considerednot paidlimited onto: the date it is postmarked.

(4)(i) CableTHCA or(Delta video9-Tetrahydrocannabinolic providersacid); may not terminate residential service for nonpayment of a bill unless the cable or video provider furnishes notice of the SB3222 Engrossed - 10 - LRB104 19119 AAS 32564 b delinquency and impending termination at least 15 days prior to the proposed termination.

Notice(ii) ofDelta proposed9-THC termination(Delta shall9-Tetrahydrocannabinol); be mailed, postage prepaid, to the customer to whom service is billed.

Notice(iii) ofTHCVA proposed(Tetrahydrocannabivarinic terminationacid); shall not be mailed until the 24th day after the date of the bill for services.

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

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

(5)(D) EveryCannabichromene notice(CBC), ofwhich impendingincludes, terminationbut shallis includenot alllimited ofto: the following:

the(i) nameCBCA and(Cannabichromenic addressacid); of customer;

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

the(iii) dateCBCVA on(Cannabichromevarinic whichacid); payment is required to avoid termination;

and(iv) theCBCV telephone(Cannabichromevarin); 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 return equipment and for reconnection, if any.

(6)(E) ServiceNatural maydegradation onlyand beartifact terminatedsubclasses, onwhich daysinclude, whenbut theare customernot islimited ableto: to reach a service representative of the cable or video providers, either in person or by telephone.

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

good cause for SB3222 EngrossedEnrolled - 119 - LRB104 19119 AAS 32564 b termination(ii) includes,CBNA but(Cannabinolic isacid); not limited to, failure to pay 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.

(8)(iii) CableCBLA or(Cannabicyclolic videoacid); 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.

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

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

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

(9)(vii) TheHHC customers(Hexahydrocannabinol); 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.

Within(F) thisMinor 30-daynatural period,isomers cableand ortrace videocompounds, providerswhich shallinclude, not charge or impose any fees or SB3222 Engrossed - 12 - LRB104 19119 AAS 32564 b penalties on the customer for disconnecting service, including, but are 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.

(d)(i) ResponseDelta-8 toTHC customer(Delta inquiries:8-Tetrahydrocannabinol);

(1)(ii) CableDelta-10 orTHC video(Delta providers10-Tetrahydrocannabinol); 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.

Trained,(iii) knowledgeable,exo-THC qualified(Delta service9,11-Tetrahydrocannabinol); representatives of the cable or video providers will be available to respond to customer telephone inquiries during normal business hours.

Customer(iv) serviceTHCA representatives(Tetrahydrocannabinolic shallacid); be able to provide credit, waive fees, schedule appointments, and change billing cycles.

Any(v) difficultiesTHC-C1 that(Tetrahydrocannabiorcol); 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 procedures(G) forAll billingcannabinoids disputethat resolutionappear andon given a descriptionlist of SB3222cannabinoids Engrossedthat -are 13known -to LRB104 19119 AAS 32564 b the rightsfederal Food and remediesDrug availableAdministration to customersbe tocapable enforce the terms of thisbeing Article,naturally includingproduced the customer's rights to have the complaint reviewed by the local unit of government, to request mediation, and to review in a courtCannabis ofsativa competentL. jurisdiction.

(2)plant, Afteras normalreflected businessin hours,peer thereviewed accessliterature, lineand maythat beis answeredpublished by athe servicefederal orFood anand automatedDrug responseAdministration system,pursuant includingto an7 answeringU.S.C. machine.

Inquiries1639o. received by telephone or e-mail after normal business hours shall be responded to by a trained service representative on the next business day.

The(2) cableCannabinoids orthat videoare providertetrahydrocannabinol shallclass respondcannabinoids known to abe writtennaturally billingoccurring inquiryin withinthe 10Cannabis dayssativa ofL. receipt of the inquiry.

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

TheSB3222 actualEnrolled charge- to10 the- customerLRB104 shall19119 notAAS exceed32564 theb estimated(A) costTHCA without(Delta the9-Tetrahydrocannabinolic writtenacid); consent of the customer.

(4)(B) IfTHC the(Delta cable9-Tetrahydrocannabinol); 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.

The(C) cableTHCV or(Tetrahydrocannabivarin); video provider shall inform the local unit of government promptly, but no later than 2 hours after it receives SB3222 Engrossed - 14 - LRB104 19119 AAS 32564 b notification of an unsafe condition that it has not remedied.

(5)(D) UnderTHCVA normal(Tetrahydrocannabivarin operatingacid); 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.

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

Theseand standards(F) shallAll betetrahydrocannabinol metclass nocannabinoids lessthat thanappear 90%on a list of tetrahydrocannabinol class cannabinoids that are known to the timefederal underFood normaland operatingDrug conditions,Administration measuredto onbe anaturally quarterlyoccurring basis.in the Cannabis sativa L.

Theplant cableand orthat videoare providerpublished shallby notthe befederal requiredFood toand acquireDrug equipmentAdministration orpursuant perform surveys to measure7 complianceU.S.C. with these telephone answering standards unless an historical record of complaints indicates a clear failure to comply.

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

(e)(3) UnderCannabinoids normalthat operatingare conditions,known each of the following standards related to installations,have outages,similar andeffects serviceto, callsor willmarketed beto methave nosimilar lesseffects thanto, 95%tetrahydrocannabinol ofclass thecannabinoids: time measured on a quarterly basis:

(1)(A) StandardDelta-5 installationsTHC will(Delta-5 betetrahydrocannabinol); performed within 7 business days after an order has been placed.

"Standard"(B) installationsDelta-6 areTHC those(Delta-6 thattetrahydrocannabinol); are located up to 125 feet from the existing distribution system.

(2)(C) ExcludingDelta-7 conditionsTHC beyond(Delta the7-Tetrahydrocannabinol); control of the SB3222 Engrossed - 15 - LRB104 19119 AAS 32564 b 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.

Cable(D) orDelta-8 videoTHC providers(Delta must8-Tetrahydrocannabinol); begin actions to correct other service problems the next business day after notification of the service problem and correct the problem.

(3)(E) TheDelta-10 "appointmentTHC window"(Delta alternatives10-Tetrahydrocannabinol); 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.

The(F) cableDelta-6a10a orTHC video(often providersold mayas scheduleDelta-3 serviceTHC); calls and other installation activities outside of these hours for the express convenience of the customer.

(4)(G) CableDelta or10a videoTHC providers(Delta may10-Tetrahydrocannabinol notacid); cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment.

If(H) theDelta-11 cableTHC or(Delta-11tetrahydrocannabinol) video(I) provider'sHHC representative(Hexahydrocannabinol); 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.

The(J) appointmentHHCP will(Hexahydrocannabiphorol); 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 EngrossedEnrolled - 1611 - LRB104 19119 AAS 32564 b (f)(K) PublicHHCH benefit(Hexahydrocannabihexol); obligation:

(1)(L) Allexo-THC cable(Delta or9,11-Tetrahydrocannabinol); 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").

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

(2)(N) ThisTHCB obligation(Tetrahydrocannabutol); 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 the eligible building is located.

The(O) burdenTHCH of(Tetrahydrocannabihexol); 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.

Cable(P) orTHC-O-Acetate video(Delta-9-Tetrahydrocannabinol providersacetate, operatingTHC-O/ATHC); in a local unit of government shall SB3222 Engrossed - 17 - LRB104 19119 AAS 32564 b meet as necessary and determine who will provide service to eligible buildings under this subsection (f).

If(Q) theHHC-O-Acetate cable(Hexahydrocannabinol orO videoacetate, providersHHC-O); 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.

The(R) localTHCP-O unit(Delta-9-Tetrahydrocannabiphorol-O-acetate); 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.

(g)(S) AfterTHCJD the(Tetrahydrocannabioctyl); 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:

(1)and billing,(T) charges,All refunds,tetrahydrocannabinol class cannabinoids that appear on a list of cannabinoids that are known to the federal Food and credits;Drug 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.

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

(3)(b) qualityThe Department, by rule, may add, change, or remove any of servicethe anditems repair;included in the lists established in this Section.

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

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

(h)Hemp Toand theindustrial extenthemp consistentcultivation. 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.

Cable or video providers shall not require the subscription to any service other than the lowest-cost basic service or to any telecommunications or SB3222 EngrossedEnrolled - 1812 - LRB104 19119 AAS 32564 b information(a) service,No asperson ashall conditioncultivate ofhemp access to cable or videoindustrial service,hemp includingin programmingthis offeredState onwithout a perhemp channelcultivation orlicense perissued programby basis.the Department.

Cable(b) orAn videoapplication 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 percultivation channellicense orshall perinclude: program basis.

(i)(1) To the extentname consistentand withaddress 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 costapplicant; 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.

(j)and To(2) the extentlegal consistentdescription withof federal law, cable or video providers shall have a rate structure for the provisionland ofarea cableto orbe videoused serviceto thatcultivate ishemp, uniformincluding throughoutGlobal thePositioning areaSystem withincoordinates. the boundaries of the local unit of government.

This(c) subsectionThe (j)Department ismay notdetermine, intendedby torule, prohibitthe bulkduration discountsof toa multiplecultivation dwellinglicense, unitsapplicable orlicense tofees, prohibitand reasonablethe discountsrequirements tofor seniorlicense citizensrenewal. or other economically disadvantaged groups.

(k)(d) ToThe theDepartment extentshall consistentsubmit withto federalthe law,Secretary cableof orthe videoUnited providersStates shallDepartment notof chargeAgriculture a subscriberhemp forproduction anyplan serviceunder orwhich equipmentthe thatDepartment themonitors subscriberand hasregulates notthe affirmativelycultivation requestedof orhemp affirmativelyand agreedindustrial tohemp byin name.this State.

ForThe purposesDepartment of SB3222 Engrossed - 19 - LRB104 19119 AAS 32564 b this subsection (k), a subscriber's failure to refuse a cable or video provider's proposal to provide service or equipment shall notadopt berules deemedincorporating tothe behemp anproduction affirmativeplan, requestincluding forapplication suchand servicelicensing orrequirements. equipment.

(l)(e) NoThe contractDepartment ormay serviceconduct agreementinspections containingof anhemp earlycultivation terminationlicensees clauseat offeringthe residentialDepartment's cablediscretion. or video services or any bundle including such services shall be for a term longer than 2 years.

Any(f) contractThe orDepartment serviceshall offeringadopt withrules anecessary termfor of service that contains an early termination fee shall limit the earlyadministration terminationand feeenforcement to not more than the value of anythis additionalAct goodsin oraccordance services provided with theall cableapplicable orState videoand services,federal thelaws amountand ofregulations, theincluding discountrules reflectedgoverning instandards theand pricecriteria for cablelicensure servicesand orregistration, videopayment servicesof forapplicable thefees, periodrequired duringsignage, whichand theforms consumerrequired benefitedfor from the discount,administration orof athis decliningSB3222 feeEnrolled based- on13 the- remainderLRB104 of19119 theAAS contract32564 term.b Act.

(m)(g) CableThe orDepartment videoshall providersadopt shallrules notfor discriminatethe intesting of hemp THC levels and the provisiondisposal of servicesplant matter exceeding lawful THC levels, including an option for thea hearingcultivator andto visuallyrequest impaired,a andretest shallfor complya minor violation, with the accessibilityretest requirementsthreshold ofdetermined 47by U.S.C.the Department and set by rule.

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

Cable(i) orThe videoDepartment's providersrules shallthat deliverare andrelated pick-upto orthe providecultivation customersof withindustrial pre-paidhemp shipping and packagingadopted forunder the returnIndustrial ofHemp convertersAct andshall otherremain necessaryin equipmenteffect atuntil thesuperseded homeby ofrules customersadopted withunder disabilities.this Act.

CableUpon orthe videoeffective providersdate shallof providethis freeAct, usehemp ofcultivation alicensees converterunder orthe remoteIndustrial controlHemp unitAct shall be automatically licensed under this Act subject to mobilitythe impairedexisting customers.renewal period.

(n)(1)Section To25. the extent consistent with federal law, cable or video providers shall comply with the provisions of 47 U.S.C.

SB3222Industrial Engrossedhemp -processing. 20 - LRB104 19119 AAS 32564 b 532(h) and (j).

The(a) cableAny orperson videothat providersprocesses shall not exercise any editorial control over any video programming provided pursuant to this Section, or inhandles anyraw otherindustrial wayhemp considerplant thematerial content of such programming, except that a cable or video provider may refuse to transmitcreate any leased access program or portion of a leasedproduct accessnot programintended thatfor containshuman obscenity, indecency, or nudityanimal andconsumption mayshall considerobtain suchan contentindustrial tohemp theprocessor minimumregistration. extent necessary to establish a reasonable price for the commercial use of designated channel capacity by an unaffiliated person.

ThisThe subsectionlicense (n)application shall permitbe cableon ora videoform providersprescribed toby enforcethe prospectivelyDepartment aand writtenshall andcontain publishedthe policyname of prohibitingthe programminglicensee, that the cablelocation orof videothe providerprocessing reasonablyfacility, believesand describes or depicts sexual or excretory activities or organs in a patentlylist offensiveof mannerproducts asto measuredbe produced by contemporarythe communityindustrial standards.hemp processor.

(2)SB3222 UponEnrolled customer- request,14 the- cableLRB104 or19119 videoAAS provider32564 shall,b without(b) charge,The fullyDepartment scramblemay oradopt otherwiserules fullyregulating blockindustrial thehemp audioprocessing. and video programming of each channel carrying such programming so that a person who is not a subscriber does not receive the channel or programming.

(3)The InDepartment providingmay sexuallyalso explicitinspect adultindustrial programminghemp orprocessing otherfacilities programmingand, thatif isnecessary, indecentcollect onsamples anyfor channeltesting ofat its servicediscretion. 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 SB3222 Engrossed - 21 - LRB104 19119 AAS 32564 b subscriber to such channel or programming does not receive it.

(4)(c) ScrambleAn meansindustrial tohemp rearrangeprocessor theshall contentonly ofcreate theproducts signalderived offrom theindustrial programminghemp soand thatshall thenot programmingcreate cannotany beproduct viewedthat orcontains heardcannabinoids. in an understandable manner.

(o)The CableDepartment ormay videorevoke providers will maintain a listing, specific to the levellicense of streetan address,industrial ofhemp theprocessor areasthat whereviolates itsthis cablesubsection. or video services are available.

Customers(d) whoAn inquireindustrial abouthemp purchasingprocessor cablelicense or video service shall be informedvalid aboutfor whether2 theyears cableand orshall videobe provider'ssubject cable or video services are currently available to thema atfee theirof specific$200. location.

(p)(e) CableIndustrial orhemp videoprocessor providersregistrants shallunder not disclose the name,Industrial address,Hemp telephoneAct numbershall or other personally identifying information of a cable service or video service customer to be usedrequired in mailing lists or to beobtain usedan forindustrial otherhemp commercialprocessor purposeslicense not reasonably related to the conduct of its business unless the cable or video provider has provided to the customer a notice,hemp separatelyproduct ormanufacturing includedlicense inunder anythis otherAct. customer service notice, that clearly and conspicuously describes the customer's ability to prohibit the disclosure.

CableIndustrial orhemp videoprocessor providersregistrants shallunder providethe anIndustrial addressHemp andAct telephonemay numberrequest for a customerprorated torefund use without a toll charge to prevent disclosure of the customer'sregistration namefee andsubmitted addressunder inthat mailingAct. lists or for other commercial purposes not reasonably related to the conduct of its business to other businesses or SB3222 Engrossed - 22 - LRB104 19119 AAS 32564 b affiliates of the cable or video provider.

Cable or video providers shall comply with the consumer privacy requirements of Section 26-4.530. of the Criminal Code of 2012, the Restricted Call Registry Act, and 47 U.S.C.

551Intermediate thathemp areproducts in effect as of June 30, 2007 (the effective date of Public Act 95-9) and ashemp amendedproduct thereafter.manufacturing.

(q)(a) CableAny orperson videothat providersprocesses shallor implementhandles anhemp informal(other processthan forindustrial handlinghemp) inquiriesor fromintermediate localhemp-derived unitscannabinoid ofproducts governmentshall andobtain customersa concerninghemp billingproduct issues,manufacturer servicelicense issues,from privacythe concerns,Department. and other consumer complaints.

In(b) theHemp eventproduct thatmanufacturers anshall issueobtain ishemp notonly resolvedfrom throughhemp thisgrowers informallicensed process,by athe localUnited unitStates Department of governmentSB3222 orEnrolled the- customer15 may- requestLRB104 nonbinding19119 mediationAAS with32564 theb cableAgriculture or videoan provider,approved withState eachor partytribal hemp program and may only produce products that are permitted to bearbe itssold ownunder costsfederal ofor suchState mediation.law.

SelectionHemp ofproduct themanufacturers mediatorshall willnot besell byany mutualproducts agreement,that anddo preferencenot willcomply bewith giventhe torequirements mediationof servicesthe thatjurisdiction doin notwhich chargethey theare consumersold. for their services.

In(c) theA eventhemp thatproduct themanufacturer informalshall processonly does not produce aproducts satisfactorythat resultmeet to the customerdefinition or the local unit of government,hemp, enforcementintermediate mayhemp-derived becannabinoid pursuedproduct, asor providedfinal inconsumer subdivisionhemp (4)cannabinoid ofproduct. subsection (r) of this Section.

(r)A Thehemp Attorneyproduct Generalmanufacturer andshall 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 adoptcreate orartificially seekderived tocannabinoids. enforce any additional or different customer service or performance SB3222 Engrossed - 23 - LRB104 19119 AAS 32564 b standards under any other authority or provision of law.

(1)(d) TheAn localapplication unitfor oflicensure governmentshall may,be bysubmitted ordinance,to providethe aDepartment scheduleon ofa penaltiesform forprescribed any material breach of this Section by cablethe orDepartment videoand providersshall ininclude, additionbut toshall thenot penaltiesbe providedlimited herein.to:

No(1) monetarythe penaltiesentity shallname, beaddress, assessedemail foraddress, aand materialtelephone breachnumber if it is out of the reasonableapplicant; control of the cable or video providers or its affiliate.

Monetary(2) penaltiesidentification 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 localfacility unitto ofbe government'sused; jurisdiction.

Inseparate nolicenses eventare shallrequired the penalties imposed under this subsection (r) exceed $750 for eachseparate dayfacilities; of the material breach, and these penalties shall not exceed $25,000 for each occurrence of a material breach per customer.

(2)(3) Fora purposescopy of thisthe Section,applicable "materiallocal breach"zoning meansordinance anyand substantialverification failurethat ofthe afacility cablelocation oris videonot servicein provideran toarea complyzoned withfor serviceresidential qualityuse and othercomplies standardswith specifiedlocal inzoning anyrules provisionand ofdistance thislimitations Act.established by the local jurisdiction;

The(4) Attorneyidentification General or the local unit of governmentan shallauthorized givepoint the cable or video provider written notice of anycontact allegedfor materialinteractions breacheswith of this Act and allow such provider at least 30 days from receipt of the noticeDepartment; to remedy the specified material breach.

(3)and A(5) materiala breach,list for the purposes of assessingall SB3222operations Engrossedand -processes 24to - LRB104 19119 AAS 32564 b penalties, shall be deemedconducted toat have occurred for each day that a material breach has not been remedied by the cablefacility; 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.

(4)licensees Anyshall customer,keep thethis Attorneylist General,SB3222 orEnrolled a- local16 unit- ofLRB104 government19119 mayAAS pursue32564 allegedb violationscurrent ofat thisall Acttimes. by the cable or video provider in a court of competent jurisdiction.

A(e) cableThe orDepartment videoshall providerinspect maythe seekfacility judicialto reviewassess ofwhether athe decisionfacility ofis asuitable localfor unitoperations ofprior governmentto imposingissuing penalties in a courtlicense. of competent jurisdiction.

NoA locallicense unitis ofvalid governmentonly 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 terms,location conditions,listed and rights contained in this Act except a court may require the returnapplication. of any penalty it finds was not properly assessed or imposed.

(s)A Cablenew orapplication videois providersrequired shall credit customers for violationseach innew thelocation. amounts stated herein.

The(f) creditsA shallhemp beproduct appliedmanufacturer onshall theoperate statementunder issued to the customersupervision forof thea nextfood monthlyservice billingsanitation cyclemanager followingcertified theby violation or following the discoveryDepartment of thePublic violation.Health.

Cable(g) orThe videofacility providersshall arebe responsiblein forcompliance providingwith the creditsIllinois describedFood, hereinDrug, and theCosmetic customerAct, isthe underSanitary noFood obligationPreparation toAct, requestand the credit.Food Handling Regulation Enforcement Act.

If(h) theA customerhemp isproduct nomanufacturer longermay takingperform servicehemp fromextraction theto cablecreate orhemp videoconcentrate SB3222that Engrossedmeets - 25 - LRB104 19119 AAS 32564 b provider, the creditdefinition amountof willan beintermediate refundedhemp-derived tocannabinoid theproduct customerupon approval by check within 30 days of the terminationDepartment. of service.

AThe localhemp unitproduct ofmanufacturer governmentshall may,provide byin ordinance,its adoptapplication aand schedulekeep ofup credits payable directly to customersdate forall breachmethods of theextraction customer service standards and obligationsconcentration containedthat in this Article, provided the schedulemanufacturer ofwill customeruse creditsand appliesidentify on a competitively neutral basis to all providers of cable service or video service in the localchemicals, unitif ofany, government'sthat jurisdictionwill andbe theused. credits are not greater than the credits provided in this Section.

(1)All Failureextraction tomethods keepand anchemicals appointmentshall orbe toapproved notifyby the customerDepartment. prior to the close of business on the business day prior to the scheduled appointment:

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

(2)Extraction Violationequipment ofand customerprocessing servicesites andshall billingbe standardsdesigned, installed, and maintained in subsectionsaccordance (c)with codes of recognized and (d)generally 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 thisMechanical Section:Engineers (ASME), and Underwriters Laboratories (UL).

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

(3)(j) ViolationThe ofDepartment themay bundlingadopt rules inthat subsectionset (h)facility ofstandards thisand Section:specifications, application requirements, production standards, security requirements, and any other requirements to ensure a safe and compliant facility.

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

(t) The enforcementDepartment powers granted to the Attorney General in Article XXI of this Act shall applywaive to this Article, except that the Attorneyfee Generalfor mayany notpublic seekinstitution penalties for violation of thishigher Articleeducation, otheras thandefined in the amountsPublic specifiedHigher herein.Education Act.

Nothing(l) inThe thisDepartment Sectionmay shallimpose limitfines, ornot affectto theexceed powers$10,000, ofon thehemp Attorneyproduct Generalmanufacturers tofor enforceviolation the provisions of Article XXI of this Act or the Consumer Fraud and Deceptiverules. Business Practices Act.

SB3222Section Engrossed35. - 26 - LRB104 19119 AAS 32564 b (u) 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.

522(9),Final thoseconsumer operatinghemp underproducts. 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.

97-1108,99-227, eff.

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

97-1150,The eff.Criminal Identification Act is amended by changing Section 5.2 as follows:

1-25-13;SB3222 Enrolled - 28 - LRB104 19119 AAS 32564 b (20 ILCS 2630/5.2) (Text of Section before amendment by P.A.

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

6-28-13.)5.2. (220 ILCS 5/22-504 new) Sec.

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

Volume(a) ofGeneral commercialProvisions. advertisements.

(a)(1) OnDefinitions. 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 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.

ThereIn shallthis beAct, awords rebuttableand presumptionphrases thathave a video streaming service or third-party advertising manager that maintains processes to require that the audiomeanings ofset SB3222forth Engrossedin -this 27subsection, -except LRB104when 19119a AASparticular 32564context bclearly short-formrequires contenta notdifferent bemeaning. louder than the audio of the accompanying long-form content 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.

(b)(A) AThe videofollowing streamingterms serviceshall orhave third-partythe advertisingmeanings managerascribed thatto engagesthem in normalizationthe shallfollowing beSections deemedof inthe complianceUnified withCode thisof Section.Corrections:

(c)Business AOffense, videoSection streaming5-1-2. 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 accompanying long-form content distributed by the video streaming service, consistent with established industry standards.

(d)Charge, This Section does5-1-3. not create a private right of action.

TheCourt, AttorneySection General5-1-6. shall have exclusive authority to enforce the provisions of this Section.

(e)Defendant, For purposes of this Section, the distribution of an individually identifiable piece of short-form content within a SB3222 Engrossed - 28 - LRB104 19119 AAS 32564 b 30-day period after the first distribution of the content in violation of this Section constitutes5-1-7. a single violation, regardless of how many individual consumers receive a transmission of such content.

(f)Felony, BeforeSection initiating5-1-9. 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.

If,Imprisonment, withinSection 455-1-10. 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.

The circuit court clerk shall collect and remit the Illinois State Police portion of the fee to the State Treasurer and it shall be deposited in the State Police Services Fund.

If the record brought under an expungement petition was previously sealed under this Section, the fee for the expungement petition for that same record shall be waived.