103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4592

 

Introduced 1/31/2024, by Rep. Kam Buckner

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 335/4
625 ILCS 5/6-101  from Ch. 95 1/2, par. 6-101

    Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Allows the Secretary of State to issue a mobile Illinois Identification Card or mobile driver's license to an individual who is otherwise eligible to hold a physical credential, in addition to an identification card or driver's license, if the Secretary of State has issued an identification card or driver's license to the person. Allows the Secretary to enter into agreements or to contract with an agency of the State, another state, the United States, or a third party to facilitate the issuance, use, and verification of a mobile identification card or driver's license issued by the Secretary or another state. Requires the data elements that are used to build an electronic credential to match the individual's current Department record. Requires all mobile identification cards and driver's licenses issued by the Secretary to be in accordance with the most recent standards of the American Association of Motor Vehicle Administrators. Provides that, when required by law and upon request by law enforcement, a credential holder must provide the credential holder's physical credential. Provides that the display of a mobile identification card and driver's license shall not serve as consent or authorization for a law enforcement officer, or any other person, to search, view, or access any other data or application on the mobile device.


LRB103 37116 MXP 67235 b

 

 

A BILL FOR

 

HB4592LRB103 37116 MXP 67235 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Identification Card Act is amended
5by changing Section 4 as follows:
 
6    (15 ILCS 335/4)
7    (Text of Section before amendment by P.A. 103-210)
8    Sec. 4. Identification card.
9    (a) In accordance with the requirement's of this Section,
10the The Secretary of State shall issue a standard Illinois
11Identification Card, as well as a mobile Illinois
12Identification Card, to any natural person who is a resident
13of the State of Illinois who applies for such a card, or
14renewal thereof. No identification card shall be issued to any
15person who holds a valid foreign state identification card,
16license, or permit unless the person first surrenders to the
17Secretary of State the valid foreign state identification
18card, license, or permit. The card shall be prepared and
19supplied by the Secretary of State and shall include a
20photograph and signature or mark of the applicant. However,
21the Secretary of State may provide by rule for the issuance of
22Illinois Identification Cards without photographs if the
23applicant has a bona fide religious objection to being

 

 

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1photographed or to the display of his or her photograph. The
2Illinois Identification Card may be used for identification
3purposes in any lawful situation only by the person to whom it
4was issued. As used in this Act, "photograph" means any color
5photograph or digitally produced and captured image of an
6applicant for an identification card. As used in this Act,
7"signature" means the name of a person as written by that
8person and captured in a manner acceptable to the Secretary of
9State.
10    (a-5) If an applicant for an identification card has a
11current driver's license or instruction permit issued by the
12Secretary of State, the Secretary may require the applicant to
13utilize the same residence address and name on the
14identification card, driver's license, and instruction permit
15records maintained by the Secretary. The Secretary may
16promulgate rules to implement this provision.
17    (a-10) If the applicant is a judicial officer as defined
18in Section 1-10 of the Judicial Privacy Act or a peace officer,
19the applicant may elect to have his or her office or work
20address listed on the card instead of the applicant's
21residence or mailing address. The Secretary may promulgate
22rules to implement this provision. For the purposes of this
23subsection (a-10), "peace officer" means any person who by
24virtue of his or her office or public employment is vested by
25law with a duty to maintain public order or to make arrests for
26a violation of any penal statute of this State, whether that

 

 

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1duty extends to all violations or is limited to specific
2violations.
3    (a-15) The Secretary of State may provide for an expedited
4process for the issuance of an Illinois Identification Card.
5The Secretary shall charge an additional fee for the expedited
6issuance of an Illinois Identification Card, to be set by
7rule, not to exceed $75. All fees collected by the Secretary
8for expedited Illinois Identification Card service shall be
9deposited into the Secretary of State Special Services Fund.
10The Secretary may adopt rules regarding the eligibility,
11process, and fee for an expedited Illinois Identification
12Card. If the Secretary of State determines that the volume of
13expedited identification card requests received on a given day
14exceeds the ability of the Secretary to process those requests
15in an expedited manner, the Secretary may decline to provide
16expedited services, and the additional fee for the expedited
17service shall be refunded to the applicant.
18    (a-20) The Secretary of State shall issue a standard
19Illinois Identification Card to a person committed to the
20Department of Corrections or Department of Juvenile Justice
21upon receipt of the person's birth certificate, social
22security card, photograph, proof of residency upon discharge,
23and an identification card application transferred via a
24secure method as agreed upon by the Secretary and the
25Department of Corrections or Department of Juvenile Justice.
26Illinois residency shall be established by submission of a

 

 

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1Secretary of State prescribed Identification Card verification
2form completed by the respective Department.
3    (a-25) The Secretary of State shall issue a limited-term
4Illinois Identification Card valid for 90 days to a committed
5person upon release on parole, mandatory supervised release,
6aftercare release, final discharge, or pardon from the
7Department of Corrections or Department of Juvenile Justice,
8if the released person is unable to present a certified copy of
9his or her birth certificate and social security card or other
10documents authorized by the Secretary, but does present a
11Secretary of State prescribed Identification Card verification
12form completed by the Department of Corrections or Department
13of Juvenile Justice, verifying the released person's date of
14birth, social security number, and his or her Illinois
15residence address. The verification form must have been
16completed no more than 30 days prior to the date of application
17for the Illinois Identification Card.
18    Prior to the expiration of the 90-day period of the
19limited-term Illinois Identification Card, if the released
20person submits to the Secretary of State a certified copy of
21his or her birth certificate and his or her social security
22card or other documents authorized by the Secretary, a
23standard Illinois Identification Card shall be issued. A
24limited-term Illinois Identification Card may not be renewed.
25    (a-30) The Secretary of State shall issue a standard
26Illinois Identification Card to a person upon conditional

 

 

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1release or absolute discharge from the custody of the
2Department of Human Services, if the person presents a
3certified copy of his or her birth certificate, social
4security card, or other documents authorized by the Secretary,
5and a document proving his or her Illinois residence address.
6The Secretary of State shall issue a standard Illinois
7Identification Card to a person prior to his or her
8conditional release or absolute discharge if personnel from
9the Department of Human Services bring the person to a
10Secretary of State location with the required documents.
11Documents proving residence address may include any official
12document of the Department of Human Services showing the
13person's address after release and a Secretary of State
14prescribed verification form, which may be executed by
15personnel of the Department of Human Services.
16    (a-35) The Secretary of State shall issue a limited-term
17Illinois Identification Card valid for 90 days to a person
18upon conditional release or absolute discharge from the
19custody of the Department of Human Services, if the person is
20unable to present a certified copy of his or her birth
21certificate and social security card or other documents
22authorized by the Secretary, but does present a Secretary of
23State prescribed verification form completed by the Department
24of Human Services, verifying the person's date of birth and
25social security number, and a document proving his or her
26Illinois residence address. The verification form must have

 

 

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1been completed no more than 30 days prior to the date of
2application for the Illinois Identification Card. The
3Secretary of State shall issue a limited-term Illinois
4Identification Card to a person no sooner than 14 days prior to
5his or her conditional release or absolute discharge if
6personnel from the Department of Human Services bring the
7person to a Secretary of State location with the required
8documents. Documents proving residence address shall include
9any official document of the Department of Human Services
10showing the person's address after release and a Secretary of
11State prescribed verification form, which may be executed by
12personnel of the Department of Human Services.
13    (b) The Secretary of State shall issue a special Illinois
14Identification Card, which shall be known as an Illinois
15Person with a Disability Identification Card, to any natural
16person who is a resident of the State of Illinois, who is a
17person with a disability as defined in Section 4A of this Act,
18who applies for such card, or renewal thereof. No Illinois
19Person with a Disability Identification Card shall be issued
20to any person who holds a valid foreign state identification
21card, license, or permit unless the person first surrenders to
22the Secretary of State the valid foreign state identification
23card, license, or permit. The Secretary of State shall charge
24no fee to issue such card. The card shall be prepared and
25supplied by the Secretary of State, and shall include a
26photograph and signature or mark of the applicant, a

 

 

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1designation indicating that the card is an Illinois Person
2with a Disability Identification Card, and shall include a
3comprehensible designation of the type and classification of
4the applicant's disability as set out in Section 4A of this
5Act. However, the Secretary of State may provide by rule for
6the issuance of Illinois Person with a Disability
7Identification Cards without photographs if the applicant has
8a bona fide religious objection to being photographed or to
9the display of his or her photograph. If the applicant so
10requests, the card shall include a description of the
11applicant's disability and any information about the
12applicant's disability or medical history which the Secretary
13determines would be helpful to the applicant in securing
14emergency medical care. If a mark is used in lieu of a
15signature, such mark shall be affixed to the card in the
16presence of two witnesses who attest to the authenticity of
17the mark. The Illinois Person with a Disability Identification
18Card may be used for identification purposes in any lawful
19situation by the person to whom it was issued.
20    The Illinois Person with a Disability Identification Card
21may be used as adequate documentation of disability in lieu of
22a physician's determination of disability, a determination of
23disability from a physician assistant, a determination of
24disability from an advanced practice registered nurse, or any
25other documentation of disability whenever any State law
26requires that a person with a disability provide such

 

 

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1documentation of disability, however an Illinois Person with a
2Disability Identification Card shall not qualify the
3cardholder to participate in any program or to receive any
4benefit which is not available to all persons with like
5disabilities. Notwithstanding any other provisions of law, an
6Illinois Person with a Disability Identification Card, or
7evidence that the Secretary of State has issued an Illinois
8Person with a Disability Identification Card, shall not be
9used by any person other than the person named on such card to
10prove that the person named on such card is a person with a
11disability or for any other purpose unless the card is used for
12the benefit of the person named on such card, and the person
13named on such card consents to such use at the time the card is
14so used.
15    An optometrist's determination of a visual disability
16under Section 4A of this Act is acceptable as documentation
17for the purpose of issuing an Illinois Person with a
18Disability Identification Card.
19    When medical information is contained on an Illinois
20Person with a Disability Identification Card, the Office of
21the Secretary of State shall not be liable for any actions
22taken based upon that medical information.
23    (c) The Secretary of State shall provide that each
24original or renewal Illinois Identification Card or Illinois
25Person with a Disability Identification Card issued to a
26person under the age of 21 shall be of a distinct nature from

 

 

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1those Illinois Identification Cards or Illinois Person with a
2Disability Identification Cards issued to individuals 21 years
3of age or older. The color designated for Illinois
4Identification Cards or Illinois Person with a Disability
5Identification Cards for persons under the age of 21 shall be
6at the discretion of the Secretary of State.
7    (c-1) Each original or renewal Illinois Identification
8Card or Illinois Person with a Disability Identification Card
9issued to a person under the age of 21 shall display the date
10upon which the person becomes 18 years of age and the date upon
11which the person becomes 21 years of age.
12    (c-3) The General Assembly recognizes the need to identify
13military veterans living in this State for the purpose of
14ensuring that they receive all of the services and benefits to
15which they are legally entitled, including healthcare,
16education assistance, and job placement. To assist the State
17in identifying these veterans and delivering these vital
18services and benefits, the Secretary of State is authorized to
19issue Illinois Identification Cards and Illinois Person with a
20Disability Identification Cards with the word "veteran"
21appearing on the face of the cards. This authorization is
22predicated on the unique status of veterans. The Secretary may
23not issue any other identification card which identifies an
24occupation, status, affiliation, hobby, or other unique
25characteristics of the identification card holder which is
26unrelated to the purpose of the identification card.

 

 

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1    (c-5) Beginning on or before July 1, 2015, the Secretary
2of State shall designate a space on each original or renewal
3identification card where, at the request of the applicant,
4the word "veteran" shall be placed. The veteran designation
5shall be available to a person identified as a veteran under
6subsection (b) of Section 5 of this Act who was discharged or
7separated under honorable conditions.
8    (d) The Secretary of State may issue a Senior Citizen
9discount card, to any natural person who is a resident of the
10State of Illinois who is 60 years of age or older and who
11applies for such a card or renewal thereof. The Secretary of
12State shall charge no fee to issue such card. The card shall be
13issued in every county and applications shall be made
14available at, but not limited to, nutrition sites, senior
15citizen centers and Area Agencies on Aging. The applicant,
16upon receipt of such card and prior to its use for any purpose,
17shall have affixed thereon in the space provided therefor his
18signature or mark.
19    (e) The Secretary of State, in his or her discretion, may
20designate on each Illinois Identification Card or Illinois
21Person with a Disability Identification Card a space where the
22card holder may place a sticker or decal, issued by the
23Secretary of State, of uniform size as the Secretary may
24specify, that shall indicate in appropriate language that the
25card holder has renewed his or her Illinois Identification
26Card or Illinois Person with a Disability Identification Card.

 

 

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1    (f)(1) The Secretary of State may issue a mobile
2identification card to an individual who is otherwise eligible
3to hold a physical credential in addition to, and not instead
4of, an identification card if the Secretary of State has
5issued an identification card to the person. The data elements
6that are used to build an electronic credential must match the
7individual's current Department record.
8    (2) The Secretary may enter into agreements or contract
9with an agency of the State, another state, the United States,
10or a third party to facilitate the issuance, use, and
11verification of a mobile identification card issued by the
12Secretary or another state.
13    (3) Any mobile identification card issued by the Secretary
14shall be in accordance with the most recent AAMVA standards.
15    (4) The Secretary shall design the mobile identification
16card in a manner that allows the credential holder to maintain
17physical possession of the device on which the mobile
18identification card is accessed during verification.
19    (g) The verification process shall be implemented to
20require:
21        (1) the relying parties to authenticate electronic
22    credentials in accordance with applicable AAMVA standards
23    prior to acceptance of the electronic credential;
24        (2) the Secretary to ensure that electronic credential
25    data is subject to all jurisdictional data security and
26    privacy protection laws and regulations; and

 

 

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1        (3) the relying parties to request only electronic
2    credential data elements that are necessary to complete
3    the transaction for which data is being requested.
4    (h) Privacy and tracking of data shall be restricted by
5implementing the following requirements:
6        (1) the relying parties shall retain only electronic
7    credential data elements for which the relying party
8    explicitly obtained consent from the electronic credential
9    holder and shall inform the electronic credential holder
10    of the use and retention period of the electronic data
11    elements; and
12        (2) the Secretary shall use an electronic credential
13    system that is designed to maximize the privacy of the
14    credential holder in accordance with State and federal law
15    and shall not track or compile information without the
16    credential holder's consent; and
17        (3) the Department shall only compile and disclose
18    information regarding the use of the credential as
19    required by State or federal law.
20    (i)(1) The electronic credential holder shall be required
21to have their physical credential on their person for all
22purposes for which an identification card is required.
23    (2) Electronic credential systems shall be designed so
24that there is no requirement for the electronic credential
25holder to display or relinquish possession of the credential
26holder's mobile device to relying parties for the acceptance

 

 

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1of an electronic credential.
2    (3) When required by law and upon request by law
3enforcement, a credential holder must provide the credential
4holder's physical credential.
5    (4) Any law or regulation that requires an individual to
6surrender individual's physical credential to law enforcement
7does not apply to the device on which an electronic credential
8has been provisioned.
9    (j) A person may be required to produce when so requested a
10physical identification card to a law enforcement officer, a
11representative of a State or federal department or agency, or
12a private entity and is subject to all applicable laws and
13consequences for failure to produce such an identification
14card.
15    (k) The Secretary of State shall adopt such rules as are
16necessary to implement a mobile identification card.
17    (l) The display of a mobile identification card shall not
18serve as consent or authorization for a law enforcement
19officer, or any other person, to search, view, or access any
20other data or application on the mobile device. If a person
21presents the person's mobile device to a law enforcement
22officer for purposes of displaying a mobile identification
23card, the law enforcement officer shall promptly return the
24mobile device to the person once the officer has had an
25opportunity to verify the identity of the person.
26    (m) The fee to install the application to display a mobile

 

 

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1identification card as defined in this subsection shall not
2exceed $6.
3    (n) As used in this Section:
4    "AAMVA" means the American Association of Motor Vehicle
5Administrators.
6    "Credential" means a driver's license, learner's permit,
7or identification card.
8    "Credential holder" means the individual to whom a mobile
9identification card is issued.
10    "Data element" means a distinct component of a customer's
11information that is found on the Department's customer record.
12    "Department" means the Secretary of State Department of
13Driver Services.
14    "Electronic credential" means an electronic extension of
15the departmental issued physical credential that conveys
16identity and complies with AAMVA's mobile driver license
17Implementation guidelines and the ISO/IEC 18013-5 standard.
18    "Electronic credential system" means a digital process
19that includes a method for provisioning electronic
20credentials, requesting and transmitting electronic credential
21data elements, and performing tasks to maintain the system.
22    "Full profile" means all the information provided on an
23identification card.
24    "ISO" means the International Organization for
25Standardization, which creates uniform processes and
26procedures.

 

 

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1    "Limited profile" means a portion of the information
2provided on an identification card.
3    "Mobile identification card" means a data file that is
4available on any mobile device that has connectivity to the
5Internet through an application that allows the mobile device
6to download the data file from the Secretary of State, that
7contains all the data elements visible on the face and back of
8an identification card, and that displays the current status
9of the identification card. "Mobile identification card" does
10not include a copy, photograph, or image of an Illinois
11Identification Card that is not downloaded through the
12application on a mobile device.
13    "Physical credential" means a Department issued document
14that conveys identity in accordance with the Illinois
15Identification Card Act.
16    "Provision" means the initial loading of an electronic
17credential onto a device.
18    "Relying party" means the entity to which the credential
19holder presents the electronic credential.
20    "Verification process" means a method of authenticating
21the electronic credential through the use of secured
22encryption communication.
23(Source: P.A. 102-299, eff. 8-6-21; 103-345, eff. 1-1-24.)
 
24    (Text of Section after amendment by P.A. 103-210)
25    Sec. 4. Identification card.

 

 

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1    (a) In accordance with the requirement's of this Section,
2the The Secretary of State shall issue a standard Illinois
3Identification Card, as well as a mobile Illinois
4Identification Card, to any natural person who is a resident
5of the State of Illinois who applies for such a card, or
6renewal thereof. No identification card shall be issued to any
7person who holds a valid foreign state identification card,
8license, or permit unless the person first surrenders to the
9Secretary of State the valid foreign state identification
10card, license, or permit. The card shall be prepared and
11supplied by the Secretary of State and shall include a
12photograph and signature or mark of the applicant. However,
13the Secretary of State may provide by rule for the issuance of
14Illinois Identification Cards without photographs if the
15applicant has a bona fide religious objection to being
16photographed or to the display of his or her photograph. The
17Illinois Identification Card may be used for identification
18purposes in any lawful situation only by the person to whom it
19was issued. As used in this Act, "photograph" means any color
20photograph or digitally produced and captured image of an
21applicant for an identification card. As used in this Act,
22"signature" means the name of a person as written by that
23person and captured in a manner acceptable to the Secretary of
24State.
25    (a-5) If an applicant for an identification card has a
26current driver's license or instruction permit issued by the

 

 

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1Secretary of State, the Secretary may require the applicant to
2utilize the same residence address and name on the
3identification card, driver's license, and instruction permit
4records maintained by the Secretary. The Secretary may
5promulgate rules to implement this provision.
6    (a-10) If the applicant is a judicial officer as defined
7in Section 1-10 of the Judicial Privacy Act or a peace officer,
8the applicant may elect to have his or her office or work
9address listed on the card instead of the applicant's
10residence or mailing address. The Secretary may promulgate
11rules to implement this provision. For the purposes of this
12subsection (a-10), "peace officer" means any person who by
13virtue of his or her office or public employment is vested by
14law with a duty to maintain public order or to make arrests for
15a violation of any penal statute of this State, whether that
16duty extends to all violations or is limited to specific
17violations.
18    (a-15) The Secretary of State may provide for an expedited
19process for the issuance of an Illinois Identification Card.
20The Secretary shall charge an additional fee for the expedited
21issuance of an Illinois Identification Card, to be set by
22rule, not to exceed $75. All fees collected by the Secretary
23for expedited Illinois Identification Card service shall be
24deposited into the Secretary of State Special Services Fund.
25The Secretary may adopt rules regarding the eligibility,
26process, and fee for an expedited Illinois Identification

 

 

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1Card. If the Secretary of State determines that the volume of
2expedited identification card requests received on a given day
3exceeds the ability of the Secretary to process those requests
4in an expedited manner, the Secretary may decline to provide
5expedited services, and the additional fee for the expedited
6service shall be refunded to the applicant.
7    (a-20) The Secretary of State shall issue a standard
8Illinois Identification Card to a person committed to the
9Department of Corrections or Department of Juvenile Justice
10upon receipt of the person's birth certificate, social
11security card, if the person has a social security number,
12photograph, proof of residency upon discharge, and an
13identification card application transferred via a secure
14method as agreed upon by the Secretary and the Department of
15Corrections or Department of Juvenile Justice, if the person
16has a social security number,. Illinois residency shall be
17established by submission of a Secretary of State prescribed
18Identification Card verification form completed by the
19respective Department.
20    (a-25) The Secretary of State shall issue a limited-term
21Illinois Identification Card valid for 90 days to a committed
22person upon release on parole, mandatory supervised release,
23aftercare release, final discharge, or pardon from the
24Department of Corrections or Department of Juvenile Justice,
25if the released person is unable to present a certified copy of
26his or her birth certificate and social security card, if the

 

 

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1person has a social security number, or other documents
2authorized by the Secretary, but does present a Secretary of
3State prescribed Identification Card verification form
4completed by the Department of Corrections or Department of
5Juvenile Justice, verifying the released person's date of
6birth, social security number, if the person has a social
7security number, and his or her Illinois residence address.
8The verification form must have been completed no more than 30
9days prior to the date of application for the Illinois
10Identification Card.
11    Prior to the expiration of the 90-day period of the
12limited-term Illinois Identification Card, if the released
13person submits to the Secretary of State a certified copy of
14his or her birth certificate and his or her social security
15card, if the person has a social security number, or other
16documents authorized by the Secretary, a standard Illinois
17Identification Card shall be issued. A limited-term Illinois
18Identification Card may not be renewed.
19    (a-30) The Secretary of State shall issue a standard
20Illinois Identification Card to a person upon conditional
21release or absolute discharge from the custody of the
22Department of Human Services, if the person presents a
23certified copy of his or her birth certificate, social
24security card, if the person has a social security number, or
25other documents authorized by the Secretary, and a document
26proving his or her Illinois residence address. The Secretary

 

 

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1of State shall issue a standard Illinois Identification Card
2to a person prior to his or her conditional release or absolute
3discharge if personnel from the Department of Human Services
4bring the person to a Secretary of State location with the
5required documents. Documents proving residence address may
6include any official document of the Department of Human
7Services showing the person's address after release and a
8Secretary of State prescribed verification form, which may be
9executed by personnel of the Department of Human Services.
10    (a-35) The Secretary of State shall issue a limited-term
11Illinois Identification Card valid for 90 days to a person
12upon conditional release or absolute discharge from the
13custody of the Department of Human Services, if the person is
14unable to present a certified copy of his or her birth
15certificate and social security card, if the person has a
16social security number, or other documents authorized by the
17Secretary, but does present a Secretary of State prescribed
18verification form completed by the Department of Human
19Services, verifying the person's date of birth and social
20security number, if the person has a social security number,
21and a document proving his or her Illinois residence address.
22The verification form must have been completed no more than 30
23days prior to the date of application for the Illinois
24Identification Card. The Secretary of State shall issue a
25limited-term Illinois Identification Card to a person no
26sooner than 14 days prior to his or her conditional release or

 

 

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1absolute discharge if personnel from the Department of Human
2Services bring the person to a Secretary of State location
3with the required documents. Documents proving residence
4address shall include any official document of the Department
5of Human Services showing the person's address after release
6and a Secretary of State prescribed verification form, which
7may be executed by personnel of the Department of Human
8Services.
9    (b) The Secretary of State shall issue a special Illinois
10Identification Card, which shall be known as an Illinois
11Person with a Disability Identification Card, to any natural
12person who is a resident of the State of Illinois, who is a
13person with a disability as defined in Section 4A of this Act,
14who applies for such card, or renewal thereof. No Illinois
15Person with a Disability Identification Card shall be issued
16to any person who holds a valid foreign state identification
17card, license, or permit unless the person first surrenders to
18the Secretary of State the valid foreign state identification
19card, license, or permit. The Secretary of State shall charge
20no fee to issue such card. The card shall be prepared and
21supplied by the Secretary of State, and shall include a
22photograph and signature or mark of the applicant, a
23designation indicating that the card is an Illinois Person
24with a Disability Identification Card, and shall include a
25comprehensible designation of the type and classification of
26the applicant's disability as set out in Section 4A of this

 

 

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1Act. However, the Secretary of State may provide by rule for
2the issuance of Illinois Person with a Disability
3Identification Cards without photographs if the applicant has
4a bona fide religious objection to being photographed or to
5the display of his or her photograph. If the applicant so
6requests, the card shall include a description of the
7applicant's disability and any information about the
8applicant's disability or medical history which the Secretary
9determines would be helpful to the applicant in securing
10emergency medical care. If a mark is used in lieu of a
11signature, such mark shall be affixed to the card in the
12presence of two witnesses who attest to the authenticity of
13the mark. The Illinois Person with a Disability Identification
14Card may be used for identification purposes in any lawful
15situation by the person to whom it was issued.
16    The Illinois Person with a Disability Identification Card
17may be used as adequate documentation of disability in lieu of
18a physician's determination of disability, a determination of
19disability from a physician assistant, a determination of
20disability from an advanced practice registered nurse, or any
21other documentation of disability whenever any State law
22requires that a person with a disability provide such
23documentation of disability, however an Illinois Person with a
24Disability Identification Card shall not qualify the
25cardholder to participate in any program or to receive any
26benefit which is not available to all persons with like

 

 

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1disabilities. Notwithstanding any other provisions of law, an
2Illinois Person with a Disability Identification Card, or
3evidence that the Secretary of State has issued an Illinois
4Person with a Disability Identification Card, shall not be
5used by any person other than the person named on such card to
6prove that the person named on such card is a person with a
7disability or for any other purpose unless the card is used for
8the benefit of the person named on such card, and the person
9named on such card consents to such use at the time the card is
10so used.
11    An optometrist's determination of a visual disability
12under Section 4A of this Act is acceptable as documentation
13for the purpose of issuing an Illinois Person with a
14Disability Identification Card.
15    When medical information is contained on an Illinois
16Person with a Disability Identification Card, the Office of
17the Secretary of State shall not be liable for any actions
18taken based upon that medical information.
19    (c) The Secretary of State shall provide that each
20original or renewal Illinois Identification Card or Illinois
21Person with a Disability Identification Card issued to a
22person under the age of 21 shall be of a distinct nature from
23those Illinois Identification Cards or Illinois Person with a
24Disability Identification Cards issued to individuals 21 years
25of age or older. The color designated for Illinois
26Identification Cards or Illinois Person with a Disability

 

 

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1Identification Cards for persons under the age of 21 shall be
2at the discretion of the Secretary of State.
3    (c-1) Each original or renewal Illinois Identification
4Card or Illinois Person with a Disability Identification Card
5issued to a person under the age of 21 shall display the date
6upon which the person becomes 18 years of age and the date upon
7which the person becomes 21 years of age.
8    (c-3) The General Assembly recognizes the need to identify
9military veterans living in this State for the purpose of
10ensuring that they receive all of the services and benefits to
11which they are legally entitled, including healthcare,
12education assistance, and job placement. To assist the State
13in identifying these veterans and delivering these vital
14services and benefits, the Secretary of State is authorized to
15issue Illinois Identification Cards and Illinois Person with a
16Disability Identification Cards with the word "veteran"
17appearing on the face of the cards. This authorization is
18predicated on the unique status of veterans. The Secretary may
19not issue any other identification card which identifies an
20occupation, status, affiliation, hobby, or other unique
21characteristics of the identification card holder which is
22unrelated to the purpose of the identification card.
23    (c-5) Beginning on or before July 1, 2015, the Secretary
24of State shall designate a space on each original or renewal
25identification card where, at the request of the applicant,
26the word "veteran" shall be placed. The veteran designation

 

 

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1shall be available to a person identified as a veteran under
2subsection (b) of Section 5 of this Act who was discharged or
3separated under honorable conditions.
4    (d) The Secretary of State may issue a Senior Citizen
5discount card, to any natural person who is a resident of the
6State of Illinois who is 60 years of age or older and who
7applies for such a card or renewal thereof. The Secretary of
8State shall charge no fee to issue such card. The card shall be
9issued in every county and applications shall be made
10available at, but not limited to, nutrition sites, senior
11citizen centers and Area Agencies on Aging. The applicant,
12upon receipt of such card and prior to its use for any purpose,
13shall have affixed thereon in the space provided therefor his
14signature or mark.
15    (e) The Secretary of State, in his or her discretion, may
16designate on each Illinois Identification Card or Illinois
17Person with a Disability Identification Card a space where the
18card holder may place a sticker or decal, issued by the
19Secretary of State, of uniform size as the Secretary may
20specify, that shall indicate in appropriate language that the
21card holder has renewed his or her Illinois Identification
22Card or Illinois Person with a Disability Identification Card.
23    (f)(1) The Secretary of State may issue a mobile
24identification card to an individual who is otherwise eligible
25to hold a physical credential in addition to, and not instead
26of, an identification card if the Secretary of State has

 

 

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1issued an identification card to the person. The data elements
2that are used to build an electronic credential must match the
3individual's current Department record.
4        (2) The Secretary may enter into agreements or
5    contract with an agency of the State, another state, the
6    United States, or a third party to facilitate the
7    issuance, use, and verification of a mobile identification
8    card issued by the Secretary or another state.
9        (3) Any mobile identification card issued by the
10    Secretary shall be in accordance with the most recent
11    AAMVA standards.
12        (4) The Secretary shall design the mobile
13    identification card in a manner that allows the credential
14    holder to maintain physical possession of the device on
15    which the mobile identification card is accessed during
16    verification.
17    (g) The verification process shall be implemented to
18require:
19        (1) the relying parties to authenticate electronic
20    credentials in accordance with applicable AAMVA standards
21    prior to acceptance of the electronic credential;
22        (2) the Secretary to ensure that electronic credential
23    data is subject to all jurisdictional data security and
24    privacy protection laws and regulations; and
25        (3) the relying parties to request only electronic
26    credential data elements that are necessary to complete

 

 

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1    the transaction for which data is being requested.
2    (h) Privacy and tracking of data shall be restricted by
3implementing the following requirements:
4        (1) the relying parties shall retain only electronic
5    credential data elements for which the relying party
6    explicitly obtained consent from the electronic credential
7    holder and shall inform the electronic credential holder
8    of the use and retention period of the electronic data
9    elements;
10        (2) the Secretary shall use an electronic credential
11    system that is designed to maximize the privacy of the
12    credential holder in accordance with State and federal law
13    and shall not track or compile information without the
14    credential holder's consent; and
15        (3) the Department shall only compile and disclose
16        information regarding the use of the credential as
17        required by State or federal law.
18    (i)(1) The electronic credential holder shall be required
19to have their physical credential on their person for all
20purposes for which an identification card is required.
21    (2) Electronic credential systems shall be designed so
22that there is no requirement for the electronic credential
23holder to display or relinquish possession of the credential
24holder's mobile device to relying parties for the acceptance
25of an electronic credential.
26    (3) When required by law and upon request by law

 

 

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1enforcement, a credential holder must provide the credential
2holder's physical credential.
3    (4) Any law or regulation that requires an individual to
4surrender their physical credential to law enforcement does
5not apply to the device on which an electronic credential has
6been provisioned.
7    (j) A person may be required to produce when so requested a
8physical identification card to a law enforcement officer, a
9representative of a State or federal department or agency, or
10a private entity and is subject to all applicable laws and
11consequences for failure to produce such an identification
12card.
13    (k) The Secretary of State shall adopt such rules as are
14necessary to implement a mobile identification card.
15    (l) The display of a mobile identification card shall not
16serve as consent or authorization for a law enforcement
17officer, or any other person, to search, view, or access any
18other data or application on the mobile device. If a person
19presents the person's mobile device to a law enforcement
20officer for purposes of displaying a mobile identification
21card, the law enforcement officer shall promptly return the
22mobile device to the person once the officer has had an
23opportunity to verify the identity of the person.
24    (m) The fee to install the application to display a mobile
25identification card as defined in this subsection shall not
26exceed $6.

 

 

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1    (n) As used in this Section:
2    "AAMVA" means the American Association of Motor Vehicle
3Administrators.
4    "Credential" means a driver's license, learner's permit,
5or identification card.
6    "Credential holder" means the individual to whom a mobile
7driver's license or a mobile identification card is issued.
8    "Data element" means a distinct component of a customer's
9information that is found on the Department's customer record.
10    "Department" means the Secretary of State Department of
11Driver Services.
12    "Electronic credential" means an electronic extension of
13the departmental issued physical credential that conveys
14identity and complies with AAMVA's mobile driver license
15Implementation guidelines and the ISO/IEC 18013-5 standard.
16    "Electronic credential system" means a digital process
17that includes a method for provisioning electronic
18credentials, requesting and transmitting electronic credential
19data elements, and performing tasks to maintain the system.
20    "Full profile" means all the information provided on an
21identification card.
22    "ISO" means the International Organization for
23Standardization, which creates uniform processes and
24procedures.
25    "Limited profile" means a portion of the information
26provided on an Identification Card.

 

 

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1    "Mobile identification card" means a data file that is
2available on any mobile device that has connectivity to the
3Internet through an application that allows the mobile device
4to download the data file from the Secretary of State, that
5contains all the data elements visible on the face and back of
6an identification card, and that displays the current status
7of the identification card. "Mobile identification card" does
8not include a copy, photograph, or image of an Illinois
9Identification Card that is not downloaded through the
10application on a mobile device.
11    "Physical credential" means a Department issued document
12that conveys identity in accordance with the Illinois
13Identification Card Act.
14    "Provision" means the initial loading of an electronic
15credential onto a device.
16    "Relying party" means the entity to which the credential
17holder presents the electronic credential.
18    "Verification process" means a method of authenticating
19the electronic credential through the use of secured
20encryption communication.
21(Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24;
22103-345, eff. 1-1-24; revised 12-12-23.)
 
23    Section 10. The Illinois Vehicle Code is amended by
24changing Section 6-101 as follows:
 

 

 

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1    (625 ILCS 5/6-101)  (from Ch. 95 1/2, par. 6-101)
2    Sec. 6-101. Drivers must have licenses or permits.
3    (a) No person, except those expressly exempted by Section
46-102, shall drive any motor vehicle upon a highway in this
5State unless such person has a valid license or permit, an
6Illinois mobile driver's license, or a restricted driving
7permit, issued under the provisions of this Act.
8    (b) No person shall drive a motor vehicle unless the
9person he holds a valid license or permit, an Illinois mobile
10driver's license, or a restricted driving permit issued under
11the provisions of Section 6-205, 6-206, or 6-113 of this Act.
12Any person to whom a license is issued under the provisions of
13this Act must surrender to the Secretary of State all valid
14licenses or permits, except that an applicant for a
15non-domiciled commercial learner's permit or commercial
16driver's license shall not be required to surrender a license
17or permit issued by the applicant's state or country of
18domicile. No driver's drivers license or instruction permit
19shall be issued to any person who holds a valid Foreign State
20license, identification card, or permit unless such person
21first surrenders to the Secretary of State any such valid
22Foreign State license, identification card, or permit.
23    (b-5) Any person who commits a violation of subsection (a)
24or (b) of this Section is guilty of a Class A misdemeanor, if
25at the time of the violation the person's driver's license or
26permit was cancelled under clause (a)9 of Section 6-201 of

 

 

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1this Code.
2    (c) Any person licensed as a driver hereunder shall not be
3required by any city, village, incorporated town or other
4municipal corporation to obtain any other license to exercise
5the privilege thereby granted.
6    (d) In addition to other penalties imposed under this
7Section, any person in violation of this Section who is also in
8violation of Section 7-601 of this Code relating to mandatory
9insurance requirements shall have his or her motor vehicle
10immediately impounded by the arresting law enforcement
11officer. The motor vehicle may be released to any licensed
12driver upon a showing of proof of insurance for the motor
13vehicle that was impounded and the notarized written consent
14for the release by the vehicle owner.
15    (e) In addition to other penalties imposed under this
16Section, the vehicle of any person in violation of this
17Section who is also in violation of Section 7-601 of this Code
18relating to mandatory insurance requirements and who, in
19violating this Section, has caused death or personal injury to
20another person is subject to forfeiture under Sections 36-1
21and 36-2 of the Criminal Code of 2012. For the purposes of this
22Section, a personal injury shall include any type A injury as
23indicated on the traffic crash report completed by a law
24enforcement officer that requires immediate professional
25attention in either a doctor's office or a medical facility. A
26type A injury shall include severely bleeding wounds,

 

 

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1distorted extremities, and injuries that require the injured
2party to be carried from the scene.
3    (f)(1) The Secretary of State may issue a mobile driver's
4license to an individual in addition to, and not instead of, a
5license or an identification card if the Secretary of State
6has issued a driver's license to the person.
7    (2) The Secretary may enter into agreements with an agency
8of the State, another state, or the United States to
9facilitate the issuance, use, and verification of a mobile
10driver's license issued by the Secretary or another state.
11    (3) Any mobile driver's license issued by the Secretary
12shall be in accordance with American Association of Motor
13Vehicle Administrator's Mobile Driver's License (mDL)
14Implementation Guidelines, Version 1.1.
15    (4) The Secretary shall design the mobile driver's license
16in a manner that allows the credential holder to maintain
17physical possession of the device on which the electronic
18credential is accessed during verification.
19    (g) As used in this Section:
20    "Mobile driver's license" means a data file available on
21any mobile device that has connectivity to the Internet
22through an application that allows the mobile device to
23download the data file from the Secretary of State and
24contains all of the data elements visible on the face and back
25of a driver's license, and displays the current status of the
26license. "Mobile driver's license" does not include a digital

 

 

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1copy, photograph, or image of a driver's license that is not
2downloaded through the application on a mobile device.
3    (h) A person may be required to produce when so requested a
4physical driver's license to a law enforcement officer, a
5representative of a State or federal department or agency, or
6a private entity and is subject to all applicable laws and
7consequences for failure to produce such a license.
8    (i) The Secretary of State shall adopt such rules as are
9necessary to implement a digitized driver's license.
10    (j) The display of a mobile driver's license shall not
11serve as consent or authorization for a law enforcement
12officer, or any other person, to search, view, or access any
13other data or application on the mobile device. If a person
14presents his or her mobile device to a law enforcement officer
15for purposes of displaying a mobile driver's license, the law
16enforcement officer shall promptly return the mobile device to
17the person once the officer has had an opportunity to verify
18the identity and license status of the person.
19    (k) The fee to install the application to display a mobile
20driver's license as defined in this subsection shall not
21exceed $6.
22(Source: P.A. 102-982, eff. 7-1-23.)
 
23    Section 95. No acceleration or delay. Where this Act makes
24changes in a statute that is represented in this Act by text
25that is not yet or no longer in effect (for example, a Section

 

 

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1represented by multiple versions), the use of that text does
2not accelerate or delay the taking effect of (i) the changes
3made by this Act or (ii) provisions derived from any other
4Public Act.