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HB5095 Enrolled LRB104 17181 SPS 30600 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Identification Card Act is amended
5 by changing Sections 5 and 11 as follows:
6 (15 ILCS 335/5)
7 Sec. 5. Applications.
8 (a) Any natural person who is a resident of the State of
9 Illinois may file an application for an identification card,
10 or for the renewal thereof, in a manner prescribed by the
11 Secretary. Each original application shall be completed by the
12 applicant in full and shall set forth the legal name,
13 residence address and zip code, social security number, if the
14 person has a social security number, birth date, sex and a
15 brief description of the applicant. The applicant shall be
16 photographed, unless the Secretary of State has provided by
17 rule for the issuance of identification cards without
18 photographs and the applicant is deemed eligible for an
19 identification card without a photograph under the terms and
20 conditions imposed by the Secretary of State. The applicant ,
21 and he or she shall also submit any other information as the
22 Secretary may deem necessary or such documentation as the
23 Secretary may require to determine the identity of the
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1 applicant, except as limited under subsection (a-5). In
2 addition to the residence address, the Secretary may allow the
3 applicant to provide a mailing address. If the applicant is an
4 employee of the Department of Children and Family Services
5 with a job title of "Child Protection Specialist Trainee",
6 "Child Protection Specialist", "Child Protection Advanced
7 Specialist", "Child Welfare Specialist Trainee", "Child
8 Welfare Specialist", or "Child Welfare Advanced Specialist" or
9 a judicial officer as defined in Section 1-10 of the Judicial
10 Privacy Act, or a public official as defined in Section 10 of
11 the Public Official Safety and Privacy Act, or a peace
12 officer, the applicant may elect to have his or her office or
13 work address in lieu of the applicant's residence or mailing
14 address. An applicant for an Illinois Person with a Disability
15 Identification Card must also submit with each original or
16 renewal application, on forms prescribed by the Secretary,
17 such documentation as the Secretary may require, establishing
18 that the applicant is a "person with a disability" as defined
19 in Section 4A of this Act, and setting forth the applicant's
20 type and class of disability as set forth in Section 4A of this
21 Act. For the purposes of this subsection (a), "peace officer"
22 means any person who by virtue of his or her office or public
23 employment is vested by law with a duty to maintain public
24 order or to make arrests for a violation of any penal statute
25 of this State, whether that duty extends to all violations or
26 is limited to specific violations.
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1 (a-5) The Upon the first issuance of a request for
2 proposals for a digital driver's license and identification
3 card issuance and facial recognition system issued after
4 January 1, 2020 (the effective date of Public Act 101-513),
5 and upon implementation of a new or revised system procured
6 pursuant to that request for proposals, the Secretary shall
7 permit applicants to choose between "male", "female", or "X"
8 "non-binary" when designating the applicant's sex on the
9 identification card application form or when changing the sex
10 listed on an issued identification card. The sex designated by
11 the applicant shall be displayed on the identification card
12 issued to the applicant.
13 For an initial identification card, an applicant shall
14 designate a sex on the application form. If the applicant's
15 documents used to establish identity include a sex different
16 than the sex the applicant has designated, then the applicant
17 must submit a gender designation form.
18 An applicant who wants to change the sex listed on an
19 issued identification card must submit a gender designation
20 form.
21 The gender designation form shall only request the
22 applicant's information, gender designation statement,
23 attestation, and signature or mark. The applicant's
24 information required on the form shall be limited to name as
25 reflected on the applicant's current driver's license or
26 identification card, if applicable; current driver's license
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1 or identification card number, if applicable; and residential
2 address of the applicant. The gender designation statement
3 shall allow the applicant to designate a sex on the
4 applicant's identification card as "male", "female", or "X".
5 The attestation shall state that the applicant swears, under
6 the penalty of perjury, that the request for the selected
7 gender designation is to ensure that the applicant's
8 identification card accurately reflects the applicant's gender
9 identity and is not for a fraudulent or unlawful purpose.
10 The Secretary of State shall not require any additional
11 question, documentation, support, certification, or
12 verification to change a gender marker.
13 The Secretary of State shall not require any documentation
14 other than the gender designation form to confirm the sex or
15 gender identity of the applicant.
16 (b) Beginning on or before July 1, 2015, for each original
17 or renewal identification card application under this Act, the
18 Secretary shall inquire as to whether the applicant is a
19 veteran for purposes of issuing an identification card with a
20 veteran designation under subsection (c-5) of Section 4 of
21 this Act. The acceptable forms of proof shall include, but are
22 not limited to, Department of Defense form DD-214, Department
23 of Defense form DD-256 for applicants who did not receive a
24 form DD-214 upon the completion of initial basic training,
25 Department of Defense form DD-2 (Retired), an identification
26 card issued under the federal Veterans Identification Card Act
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1 of 2015, or a United States Department of Veterans Affairs
2 summary of benefits letter. If the document cannot be stamped,
3 the Illinois Department of Veterans Affairs shall provide a
4 certificate to the veteran to provide to the Secretary of
5 State. The Illinois Department of Veterans Affairs shall
6 advise the Secretary as to what other forms of proof of a
7 person's status as a veteran are acceptable.
8 For each applicant who is issued an identification card
9 with a veteran designation, the Secretary shall provide the
10 Department of Veterans Affairs with the applicant's name,
11 address, date of birth, gender, and such other demographic
12 information as agreed to by the Secretary and the Department.
13 The Department may take steps necessary to confirm the
14 applicant is a veteran. If after due diligence, including
15 writing to the applicant at the address provided by the
16 Secretary, the Department is unable to verify the applicant's
17 veteran status, the Department shall inform the Secretary, who
18 shall notify the applicant that he or she must confirm status
19 as a veteran, or the identification card will be canceled.
20 For purposes of this subsection (b):
21 "Armed forces" means any of the Armed Forces of the United
22 States, including a member of any reserve component or
23 National Guard unit.
24 "Veteran" means a person who has served in the armed
25 forces and was discharged or separated under honorable
26 conditions.
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1 (b-1) An applicant who is eligible for Gold Star license
2 plates under Section 3-664 of the Illinois Vehicle Code may
3 apply for an identification card with space for a designation
4 as a Gold Star Family. The Secretary may waive any fee for this
5 application. If the Secretary does not waive the fee, any fee
6 charged to the applicant must be deposited into the Illinois
7 Veterans Assistance Fund. The Secretary is authorized to issue
8 rules to implement this subsection.
9 (c) All applicants for REAL ID compliant standard Illinois
10 Identification Cards and Illinois Person with a Disability
11 Identification Cards shall provide proof of lawful status in
12 the United States as defined in 6 CFR 37.3, as amended.
13 Applicants who are unable to provide the Secretary with proof
14 of lawful status are ineligible for REAL ID compliant
15 identification cards under this Act.
16 (d) The Secretary of State may accept, as proof of date of
17 birth and written signature for any applicant for a standard
18 identification card who does not have a social security number
19 or documentation issued by the United States Department of
20 Homeland Security authorizing the applicant's presence in this
21 country, any passport validly issued to the applicant from the
22 applicant's country of citizenship or a consular
23 identification document validly issued to the applicant by a
24 consulate of that country as defined in Section 5 of the
25 Consular Identification Document Act. Any such documents must
26 be either unexpired or presented by an applicant within 2
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1 years of its expiration date.
2 (Source: P.A. 103-210, eff. 7-1-24; 103-888, eff. 8-9-24;
3 103-933, eff. 1-1-25; 104-234, eff. 8-15-25; 104-417, eff.
4 8-15-25; 104-443, eff. 1-1-26; revised 1-7-26.)
5 (15 ILCS 335/11) (from Ch. 124, par. 31)
6 Sec. 11. Records.
7 (a) The Secretary may make a search of his records and
8 furnish information as to whether a person has a current
9 Standard Illinois Identification Card or an Illinois Person
10 with a Disability Identification Card then on file, upon
11 receipt of a written application therefor accompanied with the
12 prescribed fee. However, the Secretary may not disclose
13 medical information concerning an individual to any person,
14 public agency, private agency, corporation or governmental
15 body unless the individual has submitted a written request for
16 the information or unless the individual has given prior
17 written consent for the release of the information to a
18 specific person or entity. This exception shall not apply to:
19 (1) offices and employees of the Secretary who have a need to
20 know the medical information in performance of their official
21 duties, or (2) orders of a court of competent jurisdiction.
22 When medical information is disclosed by the Secretary in
23 accordance with the provisions of this Section, no liability
24 shall rest with the Office of the Secretary of State as the
25 information is released for informational purposes only.
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1 (b) Except as otherwise provided in this Section, the
2 Secretary may release personally identifying information only
3 to:
4 (1) officers and employees of the Secretary who have a
5 need to know that information for issuance of driver's
6 licenses, permits, or identification cards and
7 investigation of fraud or misconduct;
8 (2) other governmental agencies for use in their
9 official governmental functions;
10 (3) law enforcement agencies for a criminal or civil
11 investigation, except as restricted by subsections (g) and
12 (h);
13 (3-5) the State Board of Elections as may be required
14 by an agreement the State Board of Elections has entered
15 into with a multi-state voter registration list
16 maintenance system; or
17 (4) any entity that the Secretary has authorized, by
18 rule.
19 (c) Except as otherwise provided in this Section, the
20 Secretary may release highly restricted personal information
21 only to:
22 (1) officers and employees of the Secretary who have a
23 need to access the information for the issuance of
24 driver's licenses, permits, or identification cards and
25 investigation of fraud or misconduct;
26 (2) law enforcement officials for a criminal or civil
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1 law enforcement investigation, except as restricted by
2 subsections (g) and (h);
3 (3) the State Board of Elections for the purpose of
4 providing the signature for completion of voter
5 registration; or
6 (4) any other entity the Secretary has authorized by
7 rule.
8 (d) Documents required to be submitted with an application
9 for an identification card to prove the applicant's identity
10 (name and date of birth), social security number or lack of a
11 social security number, written signature, residency, and, as
12 applicable, citizenship and immigration status and country of
13 citizenship shall be confidential and shall not be disclosed
14 except to the following persons:
15 (1) the individual to whom the identification card was
16 issued, upon written request;
17 (2) officers and employees of the Secretary of State
18 who have a need to have access to the stored images for
19 purposes of issuing and controlling driver's licenses,
20 permits, or identification cards and investigation of
21 fraud or misconduct;
22 (3) law enforcement officials for a civil or criminal
23 law enforcement investigation, except as restricted by
24 subsections (g) and (h);
25 (4) other entities that the Secretary may authorize by
26 rule.
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1 (e) The Secretary may not disclose an individual's social
2 security number or any associated information obtained from
3 the Social Security Administration without the written request
4 or consent of the individual except: (i) to officers and
5 employees of the Secretary who have a need to know the social
6 security number in the performance of their official duties;
7 (ii) except as restricted by subsections (g) and (h) to law
8 enforcement officials for a civil or criminal law enforcement
9 investigation if an officer of the law enforcement agency has
10 made a written request to the Secretary specifying the law
11 enforcement investigation for which the social security number
12 is being sought; (iii) under a lawful court order signed by a
13 judge; (iv) to the Illinois Department of Veterans Affairs for
14 the purpose of confirming veteran status to agencies in other
15 states responsible for the issuance of state identification
16 cards for participation in State-to-State verification
17 service; or (v) the last 4 digits to the Illinois State Board
18 of Elections for purposes of voter registration and as may be
19 required pursuant to an agreement for a multi-state voter
20 registration list maintenance system. The Secretary retains
21 the right to require additional verification regarding the
22 validity of a request from law enforcement. If social security
23 information is disclosed by the Secretary in accordance with
24 this Section, no liability shall rest with the Office of the
25 Secretary of State or any of its officers or employees, as the
26 information is released for official purposes only.
HB5095 Enrolled - 11 - LRB104 17181 SPS 30600 b
1 (f) The Secretary of State shall not provide facial
2 recognition search services or photographs obtained in the
3 process of issuing an identification card to any federal,
4 State, or local law enforcement agency or other governmental
5 entity for the purpose of enforcing federal immigration laws.
6 This subsection shall not apply to requests from federal,
7 State, or local law enforcement agencies or other governmental
8 entities for facial recognition search services or photographs
9 obtained in the process of issuing a driver's license or
10 permit when the purpose of the request relates to criminal
11 activity other than violations of immigration laws.
12 (g) Notwithstanding any other provision of law, the
13 Secretary may not release highly restricted personal
14 information or personally identifying information or disclose
15 documents described in subsection (d) to any immigration
16 agent, as defined in Section 10 of the Illinois TRUST Act,
17 unless necessary to comply with the following, to the extent
18 that production of such information or documents is
19 specifically required:
20 (1) a lawful court order;
21 (2) a judicial warrant signed by a judge appointed
22 pursuant to Article III of the Constitution of the United
23 States; or
24 (3) a subpoena for individual records issued by a
25 federal or State court.
26 When responding to such a court order, warrant, or
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1 subpoena, the Secretary shall disclose only those documents or
2 information specifically requested. Within 3 business days of
3 receiving such a court order, warrant, or subpoena, the
4 Secretary shall send a notification to the individual about
5 whom such information was requested that a court order,
6 warrant, or subpoena was received and the identity of the
7 entity that presented the court order, warrant, or subpoena.
8 (h) The Secretary shall not enter into or maintain any
9 agreement regarding the sharing of any highly restricted
10 personal information or personally identifying information or
11 documents described in subsection (d) unless all other parties
12 to such agreement certify that the information obtained will
13 not be used for civil immigration purposes or knowingly
14 disseminated to any third party for any purpose related to
15 civil immigration enforcement.
16 (i) The Secretary may not disclose or reveal the existence
17 of any gender designation form unless directed to do so by an
18 order of a court of competent jurisdiction.
19 (Source: P.A. 103-210, eff. 7-1-24; 104-234, eff. 8-15-25.)
20 Section 10. The Illinois Vehicle Code is amended by
21 changing Sections 2-110, 2-123, and 6-106 as follows:
22 (625 ILCS 5/2-110) (from Ch. 95 1/2, par. 2-110)
23 Sec. 2-110. Authority to grant or refuse applications.
24 The Secretary of State shall examine and determine the
HB5095 Enrolled - 13 - LRB104 17181 SPS 30600 b
1 genuineness, regularity and legality of every application for
2 registration of a vehicle, for a certificate of title
3 therefor, and for a driver's license and of any other
4 application lawfully made to the Secretary of State, and may
5 in all cases, except as limited under subsection (b-3) of
6 Section 6-106, make investigation and verify the information
7 and the authenticity of the documents submitted as may be
8 deemed necessary or require additional information, and shall
9 reject any such application if not satisfied of the
10 genuineness, regularity or legality thereof or the truth of
11 any statement contained therein, or for any other reason, when
12 authorized by law.
13 (Source: P.A. 93-895, eff. 1-1-05.)
14 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
15 Sec. 2-123. Sale and distribution of information.
16 (a) Except as otherwise provided in this Section, the
17 Secretary may make the driver's license, vehicle and title
18 registration lists, in part or in whole, and any statistical
19 information derived from these lists available to local
20 governments, elected state officials, state educational
21 institutions, and all other governmental units of the State
22 and Federal Government requesting them for governmental
23 purposes. The Secretary shall require any such applicant for
24 services to pay for the costs of furnishing such services and
25 the use of the equipment involved, and in addition is
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1 empowered to establish prices and charges for the services so
2 furnished and for the use of the electronic equipment
3 utilized.
4 (b) The Secretary is further empowered to and he may, in
5 his discretion, furnish to any applicant, other than listed in
6 subsection (a) of this Section, vehicle or driver data on a
7 computer tape, disk, other electronic format or computer
8 processable medium, or printout at a fixed fee of $500, in
9 advance, and require in addition a further sufficient deposit
10 based upon the Secretary of State's estimate of the total cost
11 of the information requested and a charge of $50, per 1,000
12 units or part thereof identified or the actual cost, whichever
13 is greater. The Secretary is authorized to refund any
14 difference between the additional deposit and the actual cost
15 of the request. This service shall not be in lieu of an
16 abstract of a driver's record nor of a title or registration
17 search. This service may be limited to entities purchasing a
18 minimum number of records as required by administrative rule.
19 The information sold pursuant to this subsection shall be the
20 entire vehicle or driver data list, or part thereof. The
21 information sold pursuant to this subsection shall not contain
22 personally identifying information unless the information is
23 to be used for one of the purposes identified in subsection
24 (f-5) of this Section. Commercial purchasers of driver and
25 vehicle record databases shall enter into a written agreement
26 with the Secretary of State that includes disclosure of the
HB5095 Enrolled - 15 - LRB104 17181 SPS 30600 b
1 commercial use of the information to be purchased.
2 (b-1) The Secretary is further empowered to and may, in
3 his or her discretion, furnish vehicle or driver data on a
4 computer tape, disk, or other electronic format or computer
5 processible medium, at no fee, to any State or local
6 governmental agency that uses the information provided by the
7 Secretary to transmit data back to the Secretary that enables
8 the Secretary to maintain accurate driving records, including
9 dispositions of traffic cases. This information may be
10 provided without fee not more often than once every 6 months.
11 (c) Secretary of State may issue registration lists. The
12 Secretary of State may compile a list of all registered
13 vehicles. Each list of registered vehicles shall be arranged
14 serially according to the registration numbers assigned to
15 registered vehicles and may contain in addition the names and
16 addresses of registered owners and a brief description of each
17 vehicle including the serial or other identifying number
18 thereof. Such compilation may be in such form as in the
19 discretion of the Secretary of State may seem best for the
20 purposes intended.
21 (d) The Secretary of State shall furnish no more than 2
22 current available lists of such registrations to the sheriffs
23 of all counties and to the chiefs of police of all cities and
24 villages and towns of 2,000 population and over in this State
25 at no cost. Additional copies may be purchased by the sheriffs
26 or chiefs of police at the fee of $500 each or at the cost of
HB5095 Enrolled - 16 - LRB104 17181 SPS 30600 b
1 producing the list as determined by the Secretary of State.
2 Such lists are to be used for governmental purposes only.
3 (e) (Blank).
4 (e-1) (Blank).
5 (f) The Secretary of State shall make a title or
6 registration search of the records of his office and a written
7 report on the same for any person, upon written application of
8 such person, accompanied by a fee of $5 for each registration
9 or title search. The written application shall set forth the
10 intended use of the requested information. No fee shall be
11 charged for a title or registration search, or for the
12 certification thereof requested by a government agency. The
13 report of the title or registration search shall not contain
14 personally identifying information unless the request for a
15 search was made for one of the purposes identified in
16 subsection (f-5) of this Section. The report of the title or
17 registration search shall not contain highly restricted
18 personal information unless specifically authorized by this
19 Code.
20 The Secretary of State shall certify a title or
21 registration record upon written request. The fee for
22 certification shall be $5 in addition to the fee required for a
23 title or registration search. Certification shall be made
24 under the signature of the Secretary of State and shall be
25 authenticated by Seal of the Secretary of State.
26 The Secretary of State may notify the vehicle owner or
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1 registrant of the request for purchase of his title or
2 registration information as the Secretary deems appropriate.
3 No information shall be released to the requester until
4 expiration of a 10-day period. This 10-day period shall not
5 apply to requests for information made by law enforcement
6 officials, government agencies, financial institutions,
7 attorneys, insurers, employers, automobile associated
8 businesses, persons licensed as a private detective or firms
9 licensed as a private detective agency under the Private
10 Detective, Private Alarm, Private Security, Fingerprint
11 Vendor, and Locksmith Act of 2004, who are employed by or are
12 acting on behalf of law enforcement officials, government
13 agencies, financial institutions, attorneys, insurers,
14 employers, automobile associated businesses, and other
15 business entities for purposes consistent with the Illinois
16 Vehicle Code, the vehicle owner or registrant or other
17 entities as the Secretary may exempt by rule and regulation.
18 Any misrepresentation made by a requester of title or
19 vehicle information shall be punishable as a petty offense,
20 except in the case of persons licensed as a private detective
21 or firms licensed as a private detective agency which shall be
22 subject to disciplinary sanctions under Section 40-10 of the
23 Private Detective, Private Alarm, Private Security,
24 Fingerprint Vendor, and Locksmith Act of 2004.
25 (f-5) The Secretary of State shall not disclose or
26 otherwise make available to any person or entity any
HB5095 Enrolled - 18 - LRB104 17181 SPS 30600 b
1 personally identifying information obtained by the Secretary
2 of State in connection with a driver's license, vehicle, or
3 title registration record unless the information is disclosed
4 for one of the following purposes:
5 (1) For use by any government agency, including any
6 court or law enforcement agency, in carrying out its
7 functions, or any private person or entity acting on
8 behalf of a federal, State, or local agency in carrying
9 out its functions.
10 (2) For use in connection with matters of motor
11 vehicle or driver safety and theft; motor vehicle
12 emissions; motor vehicle product alterations, recalls, or
13 advisories; performance monitoring of motor vehicles,
14 motor vehicle parts, and dealers; and removal of non-owner
15 records from the original owner records of motor vehicle
16 manufacturers.
17 (3) For use in the normal course of business by a
18 legitimate business or its agents, employees, or
19 contractors, but only:
20 (A) to verify the accuracy of personal information
21 submitted by an individual to the business or its
22 agents, employees, or contractors; and
23 (B) if such information as so submitted is not
24 correct or is no longer correct, to obtain the correct
25 information, but only for the purposes of preventing
26 fraud by, pursuing legal remedies against, or
HB5095 Enrolled - 19 - LRB104 17181 SPS 30600 b
1 recovering on a debt or security interest against, the
2 individual.
3 (4) For use in research activities and for use in
4 producing statistical reports, if the personally
5 identifying information is not published, redisclosed, or
6 used to contact individuals.
7 (5) For use in connection with any civil, criminal,
8 administrative, or arbitral proceeding in any federal,
9 State, or local court or agency or before any
10 self-regulatory body, including the service of process,
11 investigation in anticipation of litigation, and the
12 execution or enforcement of judgments and orders, or
13 pursuant to an order of a federal, State, or local court.
14 (6) For use by any insurer or insurance support
15 organization or by a self-insured entity or its agents,
16 employees, or contractors in connection with claims
17 investigation activities, antifraud activities, rating, or
18 underwriting.
19 (7) For use in providing notice to the owners of towed
20 or impounded vehicles.
21 (8) For use by any person licensed as a private
22 detective or firm licensed as a private detective agency
23 under the Private Detective, Private Alarm, Private
24 Security, Fingerprint Vendor, and Locksmith Act of 2004,
25 private investigative agency or security service licensed
26 in Illinois for any purpose permitted under this
HB5095 Enrolled - 20 - LRB104 17181 SPS 30600 b
1 subsection.
2 (9) For use by an employer or its agent or insurer to
3 obtain or verify information relating to a holder of a
4 commercial driver's license that is required under chapter
5 313 of title 49 of the United States Code.
6 (10) For use in connection with the operation of
7 private toll transportation facilities.
8 (11) For use by any requester, if the requester
9 demonstrates it has obtained the written consent of the
10 individual to whom the information pertains.
11 (12) For use by members of the news media, as defined
12 in Section 1-148.5, for the purpose of newsgathering when
13 the request relates to the operation of a motor vehicle or
14 public safety.
15 (13) For any other use specifically authorized by law,
16 if that use is related to the operation of a motor vehicle
17 or public safety.
18 (f-6) The Secretary of State shall not disclose or
19 otherwise make available to any person or entity any highly
20 restricted personal information obtained by the Secretary of
21 State in connection with a driver's license, vehicle, or title
22 registration record unless specifically authorized by this
23 Code.
24 (g) 1. The Secretary of State may, upon receipt of a
25 written request and a fee as set forth in Section 6-118,
26 furnish to the person or agency so requesting a driver's
HB5095 Enrolled - 21 - LRB104 17181 SPS 30600 b
1 record or data contained therein. Such document may include a
2 record of: current driver's license issuance information,
3 except that the information on judicial driving permits shall
4 be available only as otherwise provided by this Code;
5 convictions; orders entered revoking, suspending or cancelling
6 a driver's license or privilege; and notations of crash
7 involvement. All other information, unless otherwise permitted
8 by this Code, shall remain confidential. Information released
9 pursuant to a request for a driver's record shall not contain
10 personally identifying information, unless the request for the
11 driver's record was made for one of the purposes set forth in
12 subsection (f-5) of this Section. The Secretary of State may,
13 without fee, allow a parent or guardian of a person under the
14 age of 18 years, who holds an instruction permit or graduated
15 driver's license, to view that person's driving record online,
16 through a computer connection. The parent or guardian's online
17 access to the driving record will terminate when the
18 instruction permit or graduated driver's license holder
19 reaches the age of 18.
20 2. The Secretary of State shall not disclose or otherwise
21 make available to any person or entity any highly restricted
22 personal information obtained by the Secretary of State in
23 connection with a driver's license, vehicle, or title
24 registration record unless specifically authorized by this
25 Code. The Secretary of State may certify an abstract of a
26 driver's record upon written request therefor. Such
HB5095 Enrolled - 22 - LRB104 17181 SPS 30600 b
1 certification shall be made under the signature of the
2 Secretary of State and shall be authenticated by the Seal of
3 his office.
4 3. All requests for driving record information shall be
5 made in a manner prescribed by the Secretary and shall set
6 forth the intended use of the requested information.
7 The Secretary of State may notify the affected driver of
8 the request for purchase of his driver's record as the
9 Secretary deems appropriate.
10 No information shall be released to the requester until
11 expiration of a 10-day period. This 10-day period shall not
12 apply to requests for information made by law enforcement
13 officials, government agencies, financial institutions,
14 attorneys, insurers, employers, automobile associated
15 businesses, persons licensed as a private detective or firms
16 licensed as a private detective agency under the Private
17 Detective, Private Alarm, Private Security, Fingerprint
18 Vendor, and Locksmith Act of 2004, who are employed by or are
19 acting on behalf of law enforcement officials, government
20 agencies, financial institutions, attorneys, insurers,
21 employers, automobile associated businesses, and other
22 business entities for purposes consistent with the Illinois
23 Vehicle Code, the affected driver or other entities as the
24 Secretary may exempt by rule and regulation.
25 Any misrepresentation made by a requester of driver
26 information shall be punishable as a petty offense, except in
HB5095 Enrolled - 23 - LRB104 17181 SPS 30600 b
1 the case of persons licensed as a private detective or firms
2 licensed as a private detective agency which shall be subject
3 to disciplinary sanctions under Section 40-10 of the Private
4 Detective, Private Alarm, Private Security, Fingerprint
5 Vendor, and Locksmith Act of 2004.
6 4. The Secretary of State may furnish without fee, upon
7 the written request of a law enforcement agency, any
8 information from a driver's record on file with the Secretary
9 of State when such information is required in the enforcement
10 of this Code or any other law relating to the operation of
11 motor vehicles, including records of dispositions; documented
12 information involving the use of a motor vehicle; whether such
13 individual has, or previously had, a driver's license; and the
14 address and personal description as reflected on said driver's
15 record.
16 5. Except as otherwise provided in this Section, the
17 Secretary of State may furnish, without fee, information from
18 an individual driver's record on file, if a written request
19 therefor is submitted by any public transit system or
20 authority, public defender, law enforcement agency, a state or
21 federal agency, or an Illinois local intergovernmental
22 association, if the request is for the purpose of a background
23 check of applicants for employment with the requesting agency,
24 or for the purpose of an official investigation conducted by
25 the agency, or to determine a current address for the driver so
26 public funds can be recovered or paid to the driver, or for any
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1 other purpose set forth in subsection (f-5) of this Section.
2 The Secretary may also furnish the courts a copy of an
3 abstract of a driver's record, without fee, subsequent to an
4 arrest for a violation of Section 11-501 or a similar
5 provision of a local ordinance. Such abstract may include
6 records of dispositions; documented information involving the
7 use of a motor vehicle as contained in the current file;
8 whether such individual has, or previously had, a driver's
9 license; and the address and personal description as reflected
10 on said driver's record.
11 6. Any certified abstract issued by the Secretary of State
12 or transmitted electronically by the Secretary of State
13 pursuant to this Section, to a court or on request of a law
14 enforcement agency, for the record of a named person as to the
15 status of the person's driver's license shall be prima facie
16 evidence of the facts therein stated and if the name appearing
17 in such abstract is the same as that of a person named in an
18 information or warrant, such abstract shall be prima facie
19 evidence that the person named in such information or warrant
20 is the same person as the person named in such abstract and
21 shall be admissible for any prosecution under this Code and be
22 admitted as proof of any prior conviction or proof of records,
23 notices, or orders recorded on individual driving records
24 maintained by the Secretary of State.
25 7. Subject to any restrictions contained in the Juvenile
26 Court Act of 1987, and upon receipt of a proper request and a
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1 fee as set forth in Section 6-118, the Secretary of State shall
2 provide a driver's record or data contained therein to the
3 affected driver, or the affected driver's attorney, upon
4 verification. Such record shall contain all the information
5 referred to in paragraph 1 of this subsection (g) plus: any
6 recorded crash involvement as a driver; information recorded
7 pursuant to subsection (e) of Section 6-117 and paragraph (4)
8 of subsection (a) of Section 6-204 of this Code. All other
9 information, unless otherwise permitted by this Code, shall
10 remain confidential.
11 (h) The Secretary shall not disclose social security
12 numbers or any associated information obtained from the Social
13 Security Administration except pursuant to a written request
14 by, or with the prior written consent of, the individual
15 except: (1) to officers and employees of the Secretary who
16 have a need to know the social security numbers in performance
17 of their official duties, (2) to law enforcement officials for
18 a civil or criminal law enforcement investigation, and if an
19 officer of the law enforcement agency has made a written
20 request to the Secretary specifying the law enforcement
21 investigation for which the social security numbers are being
22 sought, though the Secretary retains the right to require
23 additional verification regarding the validity of the request,
24 (3) to the United States Department of Transportation, or any
25 other State, pursuant to the administration and enforcement of
26 the Commercial Motor Vehicle Safety Act of 1986 or
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1 participation in State-to-State verification service, (4)
2 pursuant to the order of a court of competent jurisdiction,
3 (5) to the Department of Healthcare and Family Services
4 (formerly Department of Public Aid) for utilization in the
5 child support enforcement duties assigned to that Department
6 under provisions of the Illinois Public Aid Code after the
7 individual has received advanced meaningful notification of
8 what redisclosure is sought by the Secretary in accordance
9 with the federal Privacy Act, (5.5) to the Department of
10 Healthcare and Family Services and the Department of Human
11 Services solely for the purpose of verifying Illinois
12 residency where such residency is an eligibility requirement
13 for benefits under the Illinois Public Aid Code or any other
14 health benefit program administered by the Department of
15 Healthcare and Family Services or the Department of Human
16 Services, (6) to the Illinois Department of Revenue solely for
17 use by the Department in the collection of any tax or debt that
18 the Department of Revenue is authorized or required by law to
19 collect, provided that the Department shall not disclose the
20 social security number to any person or entity outside of the
21 Department, (7) to the Illinois Department of Veterans Affairs
22 for the purpose of confirming veteran status, or (8) the last 4
23 digits to the Illinois State Board of Elections for purposes
24 of voter registration and as may be required pursuant to an
25 agreement for a multi-state voter registration list
26 maintenance system. If social security information is
HB5095 Enrolled - 27 - LRB104 17181 SPS 30600 b
1 disclosed by the Secretary in accordance with this Section, no
2 liability shall rest with the Office of the Secretary of State
3 or any of its officers or employees, as the information is
4 released for official purposes only.
5 (i) (Blank).
6 (j) Medical statements, or medical reports, and gender
7 designation forms received in the Secretary of State's Office
8 shall be confidential. Except as provided in this Section, no
9 confidential information may be open to public inspection or
10 the contents disclosed to anyone, except officers and
11 employees of the Secretary who have a need to know the
12 information contained in the medical reports and the Driver
13 License Medical Advisory Board, unless so directed by an order
14 of a court of competent jurisdiction. The Secretary may not
15 disclose or reveal the existence of any gender designation
16 form unless directed to do so by an order of a court of
17 competent jurisdiction. If the Secretary receives a medical
18 report regarding a driver that does not address a medical
19 condition contained in a previous medical report, the
20 Secretary may disclose the unaddressed medical condition to
21 the driver or his or her physician, or both, solely for the
22 purpose of submission of a medical report that addresses the
23 condition.
24 (k) Beginning July 1, 2023, disbursement of fees collected
25 under this Section shall be as follows: (1) of the $20 fee for
26 a driver's record, $11 shall be paid into the Secretary of
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1 State Special Services Fund, and $6 shall be paid into the
2 General Revenue Fund; (2) 50% of the amounts collected under
3 subsection (b) shall be paid into the General Revenue Fund;
4 and (3) all remaining fees shall be disbursed under subsection
5 (g) of Section 2-119 of this Code.
6 (l) (Blank).
7 (m) Notations of crash involvement that may be disclosed
8 under this Section shall not include notations relating to
9 damage to a vehicle or other property being transported by a
10 tow truck. This information shall remain confidential,
11 provided that nothing in this subsection (m) shall limit
12 disclosure of any notification of crash involvement to any law
13 enforcement agency or official.
14 (n) Requests made by the news media for driver's license,
15 vehicle, or title registration information may be furnished
16 without charge or at a reduced charge, as determined by the
17 Secretary, when the specific purpose for requesting the
18 documents is deemed to be in the public interest. Waiver or
19 reduction of the fee is in the public interest if the principal
20 purpose of the request is to access and disseminate
21 information regarding the health, safety, and welfare or the
22 legal rights of the general public and is not for the principal
23 purpose of gaining a personal or commercial benefit. The
24 information provided pursuant to this subsection shall not
25 contain personally identifying information unless the
26 information is to be used for one of the purposes identified in
HB5095 Enrolled - 29 - LRB104 17181 SPS 30600 b
1 subsection (f-5) of this Section.
2 (o) The redisclosure of personally identifying information
3 obtained pursuant to this Section is prohibited, except to the
4 extent necessary to effectuate the purpose for which the
5 original disclosure of the information was permitted.
6 (p) The Secretary of State is empowered to adopt rules to
7 effectuate this Section.
8 (Source: P.A. 103-8, eff. 7-1-23; 104-234, eff. 8-15-25.)
9 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
10 Sec. 6-106. Application for license or instruction permit.
11 (a) Every application for any permit or license authorized
12 to be issued under this Code shall be made upon a form
13 furnished by the Secretary of State. Every application shall
14 be accompanied by the proper fee and payment of such fee shall
15 entitle the applicant to not more than 3 attempts to pass the
16 examination within a period of one year after the date of
17 application.
18 (b) Every application shall state the legal name, zip
19 code, date of birth, sex, and residence address of the
20 applicant; briefly describe the applicant; state whether the
21 applicant has theretofore been licensed as a driver, and, if
22 so, when and by what state or country, and whether any such
23 license has ever been canceled, suspended, revoked or refused,
24 and, if so, the date and reason for such cancellation,
25 suspension, revocation or refusal; shall include an
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1 affirmation by the applicant that all information set forth is
2 true and correct; and shall bear the applicant's signature. In
3 addition to the residence address, the Secretary may allow the
4 applicant to provide a mailing address. In the case of an
5 applicant who is a judicial officer, public official, or peace
6 officer, the Secretary may allow the applicant to provide an
7 office or work address in lieu of a residence or mailing
8 address. The application form may also require the statement
9 of such additional relevant information as the Secretary of
10 State shall deem necessary to determine the applicant's
11 competency and eligibility. The Secretary of State may, in his
12 discretion, by rule or regulation, provide that an application
13 for a driver's drivers license or permit may include a
14 suitable photograph of the applicant in the form prescribed by
15 the Secretary, and he may further provide that each driver's
16 drivers license shall include a photograph of the driver. The
17 Secretary of State may utilize a photograph process or system
18 most suitable to deter alteration or improper reproduction of
19 a driver's drivers license and to prevent substitution of
20 another photo thereon. For the purposes of this subsection
21 (b):
22 "Peace officer" means any person who by virtue of his or
23 her office or public employment is vested by law with a duty to
24 maintain public order or to make arrests for a violation of any
25 penal statute of this State, whether that duty extends to all
26 violations or is limited to specific violations.
HB5095 Enrolled - 31 - LRB104 17181 SPS 30600 b
1 "Public official" has the meaning given in Section 10 of
2 the Public Official Safety and Privacy Act.
3 (b-1) Every application shall state the social security
4 number of the applicant; except if the applicant is applying
5 for a standard driver's license and, on the date of
6 application, is ineligible for a social security number, then:
7 (1) if the applicant has documentation, issued by the
8 United States Department of Homeland Security, authorizing
9 the applicant's presence in this country, the applicant
10 shall provide such documentation instead of a social
11 security number; and
12 (2) if the applicant does not have documentation
13 described in paragraph (1), the applicant shall provide,
14 instead of a social security number, the following:
15 (A) documentation establishing that the applicant
16 has resided in this State for a period in excess of one
17 year;
18 (B) a passport validly issued to the applicant
19 from the applicant's country of citizenship or a
20 consular identification document validly issued to the
21 applicant by a consulate of that country as defined in
22 Section 5 of the Consular Identification Document Act,
23 as long as such documents are either unexpired or
24 presented by an applicant within 2 years of its
25 expiration date; and
26 (C) a social security card, if the applicant has a
HB5095 Enrolled - 32 - LRB104 17181 SPS 30600 b
1 social security number.
2 (b-3) The Upon the first issuance of a request for
3 proposals for a digital driver's license and identification
4 card issuance and facial recognition system issued after
5 January 1, 2020 (the effective date of Public Act 101-513),
6 and upon implementation of a new or revised system procured
7 pursuant to that request for proposals, the Secretary shall
8 permit applicants to choose between "male", "female" or "X"
9 "non-binary" when designating the applicant's sex on the
10 driver's license or permit application form or when changing
11 the sex listed on an issued driver's license or permit. The sex
12 designated by the applicant shall be displayed on the driver's
13 license or permit issued to the applicant.
14 For an initial driver's license or permit, an applicant
15 shall designate a sex on the application form. If the
16 applicant's documents used to establish identity include a sex
17 different than the sex the applicant has designated, then the
18 applicant must submit a gender designation form.
19 An applicant who wants to change the sex listed on an
20 issued driver's license or permit must submit a gender
21 designation form.
22 The gender designation form shall only request the
23 applicant's information, gender designation statement,
24 attestation, and signature or mark. The applicant's
25 information required on the form shall be limited to name as
26 reflected on the applicant's current driver's license or
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1 identification card, if applicable; current driver's license
2 or identification card number, if applicable; and residential
3 address of the applicant. The gender designation statement
4 shall allow the applicant to designate a sex on the
5 applicant's driver's license or permit as "male", "female", or
6 "X". The attestation shall state that the applicant swears,
7 under the penalty of perjury, that the request for the
8 selected gender designation is to ensure that the applicant's
9 driver's license or permit accurately reflects the applicant's
10 gender identity and is not for a fraudulent or unlawful
11 purpose.
12 The Secretary of State shall not require any additional
13 question, documentation, support, certification, or
14 verification to change a gender marker.
15 The Secretary of State shall not require any documentation
16 other than the gender designation form to confirm the sex or
17 gender identity of the applicant.
18 (b-5) Every applicant for a REAL ID compliant driver's
19 license or permit shall provide proof of lawful status in the
20 United States as defined in 6 CFR 37.3, as amended.
21 (c) The application form shall include a notice to the
22 applicant of the registration obligations of sex offenders
23 under the Sex Offender Registration Act. The notice shall be
24 provided in a form and manner prescribed by the Secretary of
25 State. For purposes of this subsection (c), "sex offender" has
26 the meaning ascribed to it in Section 2 of the Sex Offender
HB5095 Enrolled - 34 - LRB104 17181 SPS 30600 b
1 Registration Act.
2 (d) Any male United States citizen or immigrant who
3 applies for any permit or license authorized to be issued
4 under this Code or for a renewal of any permit or license, and
5 who is at least 18 years of age but less than 26 years of age,
6 must be registered in compliance with the requirements of the
7 federal Military Selective Service Act. The Secretary of State
8 must forward in an electronic format the necessary personal
9 information regarding the applicants identified in this
10 subsection (d) to the Selective Service System. The
11 applicant's signature on the application serves as an
12 indication that the applicant either has already registered
13 with the Selective Service System or that he is authorizing
14 the Secretary to forward to the Selective Service System the
15 necessary information for registration. The Secretary must
16 notify the applicant at the time of application that his
17 signature constitutes consent to registration with the
18 Selective Service System, if he is not already registered.
19 (e) Beginning on or before July 1, 2015, for each original
20 or renewal driver's license application under this Code, the
21 Secretary shall inquire as to whether the applicant is a
22 veteran for purposes of issuing a driver's license with a
23 veteran designation under subsection (e-5) of Section 6-110 of
24 this Code. The acceptable forms of proof shall include, but
25 are not limited to, Department of Defense form DD-214,
26 Department of Defense form DD-256 for applicants who did not
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1 receive a form DD-214 upon the completion of initial basic
2 training, Department of Defense form DD-2 (Retired), an
3 identification card issued under the federal Veterans
4 Identification Card Act of 2015, or a United States Department
5 of Veterans Affairs summary of benefits letter. If the
6 document cannot be stamped, the Illinois Department of
7 Veterans Affairs shall provide a certificate to the veteran to
8 provide to the Secretary of State. The Illinois Department of
9 Veterans Affairs shall advise the Secretary as to what other
10 forms of proof of a person's status as a veteran are
11 acceptable.
12 For each applicant who is issued a driver's license with a
13 veteran designation, the Secretary shall provide the
14 Department of Veterans Affairs with the applicant's name,
15 address, date of birth, gender and such other demographic
16 information as agreed to by the Secretary and the Department.
17 The Department may take steps necessary to confirm the
18 applicant is a veteran. If after due diligence, including
19 writing to the applicant at the address provided by the
20 Secretary, the Department is unable to verify the applicant's
21 veteran status, the Department shall inform the Secretary, who
22 shall notify the applicant that he or she must confirm status
23 as a veteran, or the driver's license will be canceled.
24 For purposes of this subsection (e):
25 "Armed forces" means any of the Armed Forces of the United
26 States, including a member of any reserve component or
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1 National Guard unit.
2 "Veteran" means a person who has served in the armed
3 forces and was discharged or separated under honorable
4 conditions.
5 (f) An applicant who is eligible for Gold Star license
6 plates under Section 3-664 of this Code may apply for an
7 original or renewal driver's license with space for a
8 designation as a Gold Star Family. The Secretary may waive any
9 fee for this application. If the Secretary does not waive the
10 fee, any fee charged to the applicant must be deposited into
11 the Illinois Veterans Assistance Fund. The Secretary is
12 authorized to issue rules to implement this subsection.
13 (Source: P.A. 103-210, eff. 7-1-24; 103-933, eff. 1-1-25;
14 104-234, eff. 8-15-25; 104-443, eff. 1-1-26.)Every fact on this page links to its source, starting with the official bill record.