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Illinois General Assembly· SB 3449Governor Approved

MOBILE ID CARDS & LICENSES, the official text

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SB3449 Enrolled                      LRB104 20542 SPS 34019 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 4 and 14D as follows:

6  (15 ILCS 335/4)

7  (Text of Section before amendment by P.A. 104-457)

8  Sec. 4. Identification card.

9  (a) In accordance with the requirements of this Section,

10 the Secretary of State shall issue a standard Illinois

11 Identification Card, as well as a mobile Illinois

12 Identification Card, to any natural person who is a resident

13 of the State of Illinois who applies for such a card, or

14 renewal thereof. No identification card shall be issued to any

15 person who holds a valid foreign state identification card,

16 license, or permit unless the person first surrenders to the

17 Secretary of State the valid foreign state identification

18 card, license, or permit. The card shall be prepared and

19 supplied by the Secretary of State and shall include a

20 photograph and signature or mark of the applicant. However,

21 the Secretary of State may provide by rule for the issuance of

22 Illinois Identification Cards without photographs if the

23 applicant has a bona fide religious objection to being
    SB3449 Enrolled  -2-  LRB104 20542 SPS 34019 b

1 photographed or to the display of his or her photograph. The

2 Illinois Identification Card may be used for identification

3 purposes in any lawful situation only by the person to whom it

4 was issued. As used in this Act, "photograph" means any color

5 photograph or digitally produced and captured image of an

6 applicant for an identification card. As used in this Act,

7 "signature" means the name of a person as written by that

8 person and captured in a manner acceptable to the Secretary of

9 State.

10  (a-5) If an applicant for an identification card has a

11 current driver's license or instruction permit issued by the

12 Secretary of State, the Secretary may require the applicant to

13 utilize the same residence address and name on the

14 identification card, driver's license, and instruction permit

15 records maintained by the Secretary. The Secretary may

16 promulgate rules to implement this provision.

17  (a-10) If the applicant is a judicial officer as defined

18 in Section 1-10 of the Judicial Privacy Act, a public official

19 as defined in Section 10 of the Public Official Safety and

20 Privacy Act, or a peace officer, the applicant may elect to

21 have his or her office or work address listed on the card

22 instead of the applicant's residence or mailing address. The

23 Secretary may promulgate rules to implement this provision.

24 For the purposes of this subsection (a-10), "peace officer"

25 means any person who by virtue of his or her office or public

26 employment is vested by law with a duty to maintain public
    SB3449 Enrolled  -3-              LRB104 20542 SPS 34019 b

1 order or to make arrests for a violation of any penal statute

2 of this State, whether that duty extends to all violations or

3 is limited to specific violations.

4   (a-15) The Secretary of State may provide for an expedited

5 process for the issuance of an Illinois Identification Card.

6 The Secretary shall charge an additional fee for the expedited

7 issuance of an Illinois Identification Card, to be set by

8 rule, not to exceed $75. All fees collected by the Secretary

9 for expedited Illinois Identification Card service shall be

10 deposited into the Secretary of State Special Services Fund.

11 The Secretary may adopt rules regarding the eligibility,

12 process, and fee for an expedited Illinois Identification

13 Card. If the Secretary of State determines that the volume of

14 expedited identification card requests received on a given day

15 exceeds the ability of the Secretary to process those requests

16 in an expedited manner, the Secretary may decline to provide

17 expedited services, and the additional fee for the expedited

18 service shall be refunded to the applicant.

19  (a-20) The Secretary of State shall issue a standard

20 Illinois Identification Card to a person committed to the

21 Department of Corrections, the Department of Juvenile Justice,

22 a Federal Bureau of Prisons facility located in Illinois, or a

23 county jail or county department of corrections as follows:

24  (1) A committed person who has previously held an

25  Illinois Identification Card or an Illinois driver's

26  license shall submit an Identification Card verification
    SB3449 Enrolled  -4-  LRB104 20542 SPS 34019 b

1   form to the Secretary of State, including a photograph

2   taken by the correctional facility, proof of residency

3   upon discharge, and a social security number, if the

4   committed person has a social security number. If the

5   committed person does not have a social security number

6   and is eligible for a social security number, the

7   Secretary of State shall not issue a standard Illinois

8   Identification Card until the committed person obtains a

9   social security number. If the committed person's

10  photograph and demographic information matches an existing

11  Illinois Identification Card or Illinois driver's license

12  and the Secretary of State verifies the applicant's social

13  security number with the Social Security Administration,

14  the Secretary of State shall issue the committed person a

15  standard Illinois Identification Card. If the photograph

16  or demographic information matches an existing Illinois

17  Identification Card or Illinois driver's license in

18  another person's name or identity, a standard Illinois

19  Identification Card shall not be issued until the

20  committed person submits a certified birth certificate and

21  social security card to the Secretary of State and the

22  Secretary of State verifies the identity of the committed

23  person. If the Secretary of State cannot find a match to an

24  existing Illinois Identification Card or Illinois driver's

25  license, the committed person may apply for a standard

26  Illinois Identification card as described in paragraph
    SB3449 Enrolled       -5-  LRB104 20542 SPS 34019 b

1   (2).

2   (2) A committed person who has not previously held an

3   Illinois Identification Card or Illinois driver's license

4   or for whom a match cannot be found as described in

5   paragraph (1) shall submit an Illinois Identification Card

6   verification form, including a photograph taken by the

7   correctional facility, a certified birth certificate,

8   proof of residency upon discharge, and a social security

9   number, if the committed person has a social security

10  number. If the committed person does not have a social

11  security number and is eligible for a social security

12  number, the Secretary of State shall not issue a standard

13  Illinois Identification Card until the committed person

14  obtains a social security number. If the Secretary of

15  State verifies the applicant's social security number with

16  the Social Security Administration, the Secretary of State

17  shall issue the committed person a standard Illinois

18  Identification Card.

19  The Illinois Identification Card verification form

20 described in this subsection shall be prescribed by the

21 Secretary of State. The Secretary of State and correctional

22 facilities in this State shall establish a secure method to

23 transfer the form.

24  (a-25) The Secretary of State shall issue a limited-term

25 Illinois Identification Card valid for 90 days to a committed

26 person upon release on parole, mandatory supervised release,
    SB3449 Enrolled      -6-  LRB104 20542 SPS 34019 b

1 aftercare release, final discharge, or pardon from the

2 Department of Corrections, the Department of Juvenile Justice,

3 a Federal Bureau of Prisons facility located in Illinois, or a

4 county jail or county department of corrections, if the

5 released person does not obtain a standard Illinois

6 Identification Card as described in subsection (a-20) prior to

7 release but does present a Secretary of State prescribed

8 Identification Card verification form completed by the

9 correctional facility, verifying the released person's date of

10 birth, social security number, if the person has a social

11 security number, and his or her Illinois residence address.

12 The verification form must have been completed no more than 30

13 days prior to the date of application for the Illinois

14 Identification Card.

15  Prior to the expiration of the 90-day period of the

16 limited-term Illinois Identification Card, if the released

17 person submits to the Secretary of State a certified copy of

18 his or her birth certificate and his or her social security

19 card, if the person has a social security number, or other

20 documents authorized by the Secretary, a standard Illinois

21 Identification Card shall be issued. A limited-term Illinois

22 Identification Card may not be renewed.

23  This subsection shall not apply to a released person who

24 was unable to obtain a standard Illinois Identification Card

25 because his or her photograph or demographic information

26 matched an existing Illinois Identification Card or Illinois
    SB3449 Enrolled  -7-  LRB104 20542 SPS 34019 b

1 driver's license in another person's name or identity or to a

2 released person who does not have a social security number and

3 is eligible for a social security number.

4   (a-30) The Secretary of State shall issue a standard

5 Illinois Identification Card to a person upon conditional

6 release or absolute discharge from the custody of the

7 Department of Human Services, if the person presents a

8 certified copy of his or her birth certificate, social

9 security card, if the person has a social security number, or

10 other documents authorized by the Secretary, and a document

11 proving his or her Illinois residence address. The Secretary

12 of State shall issue a standard Illinois Identification Card

13 to a person prior to his or her conditional release or absolute

14 discharge if personnel from the Department of Human Services

15 bring the person to a Secretary of State location with the

16 required documents. Documents proving residence address may

17 include any official document of the Department of Human

18 Services showing the person's address after release and a

19 Secretary of State prescribed verification form, which may be

20 executed by personnel of the Department of Human Services.

21  (a-35) The Secretary of State shall issue a limited-term

22 Illinois Identification Card valid for 90 days to a person

23 upon conditional release or absolute discharge from the

24 custody of the Department of Human Services, if the person is

25 unable to present a certified copy of his or her birth

26 certificate and social security card, if the person has a
    SB3449 Enrolled  -8-  LRB104 20542 SPS 34019 b

1 social security number, or other documents authorized by the

2 Secretary, but does present a Secretary of State prescribed

3 verification form completed by the Department of Human

4 Services, verifying the person's date of birth and social

5 security number, if the person has a social security number,

6 and a document proving his or her Illinois residence address.

7 The verification form must have been completed no more than 30

8 days prior to the date of application for the Illinois

9 Identification Card. The Secretary of State shall issue a

10 limited-term Illinois Identification Card to a person no

11 sooner than 14 days prior to his or her conditional release or

12 absolute discharge if personnel from the Department of Human

13 Services bring the person to a Secretary of State location

14 with the required documents. Documents proving residence

15 address shall include any official document of the Department

16 of Human Services showing the person's address after release

17 and a Secretary of State prescribed verification form, which

18 may be executed by personnel of the Department of Human

19 Services.

20  (b) The Secretary of State shall issue a special Illinois

21 Identification Card, which shall be known as an Illinois

22 Person with a Disability Identification Card, to any natural

23 person who is a resident of the State of Illinois, who is a

24 person with a disability as defined in Section 4A of this Act,

25 who applies for such card, or renewal thereof. No Illinois

26 Person with a Disability Identification Card shall be issued
SB3449 Enrolled  -9-  LRB104 20542 SPS 34019 b

 1 to any person who holds a valid foreign state identification
 2 card, license, or permit unless the person first surrenders to
 3 the Secretary of State the valid foreign state identification
 4 card, license, or permit. The Secretary of State shall charge
 5 no fee to issue such card. The card shall be prepared and
 6 supplied by the Secretary of State, and shall include a
 7 photograph and signature or mark of the applicant, a
 8 designation indicating that the card is an Illinois Person
 9 with a Disability Identification Card, and shall include a
10 comprehensible designation of the type and classification of
11 the applicant's disability as set out in Section 4A of this
12 Act. However, the Secretary of State may provide by rule for
13 the issuance of Illinois Person with a Disability
14 Identification Cards without photographs if the applicant has
15 a bona fide religious objection to being photographed or to
16 the display of his or her photograph. If the applicant so
17 requests, the card shall include a description of the
18 applicant's disability and any information about the
19 applicant's disability or medical history which the Secretary
20 determines would be helpful to the applicant in securing
21 emergency medical care. If a mark is used in lieu of a
22 signature, such mark shall be affixed to the card in the
23 presence of 2 witnesses who attest to the authenticity of the
24 mark. The Illinois Person with a Disability Identification
25 Card may be used for identification purposes in any lawful
26 situation by the person to whom it was issued.
    SB3449 Enrolled  - 10 - LRB104 20542 SPS 34019 b

1   The Illinois Person with a Disability Identification Card

2 may be used as adequate documentation of disability in lieu of

3 a physician's determination of disability, a determination of

4 disability from a physician assistant, a determination of

5 disability from an advanced practice registered nurse, or any

6 other documentation of disability whenever any State law

7 requires that a person with a disability provide such

8 documentation of disability, however an Illinois Person with a

9 Disability Identification Card shall not qualify the

10 cardholder to participate in any program or to receive any

11 benefit which is not available to all persons with like

12 disabilities. Notwithstanding any other provisions of law, an

13 Illinois Person with a Disability Identification Card, or

14 evidence that the Secretary of State has issued an Illinois

15 Person with a Disability Identification Card, shall not be

16 used by any person other than the person named on such card to

17 prove that the person named on such card is a person with a

18 disability or for any other purpose unless the card is used for

19 the benefit of the person named on such card, and the person

20 named on such card consents to such use at the time the card is

21 so used.

22  An optometrist's determination of a visual disability

23 under Section 4A of this Act is acceptable as documentation

24 for the purpose of issuing an Illinois Person with a

25 Disability Identification Card.

26  When medical information is contained on an Illinois
    SB3449 Enrolled  - 11 - LRB104 20542 SPS 34019 b

1 Person with a Disability Identification Card, the Office of

2 the Secretary of State shall not be liable for any actions

3 taken based upon that medical information.

4   (c) The Secretary of State shall provide that each

5 original or renewal Illinois Identification Card or Illinois

6 Person with a Disability Identification Card issued to a

7 person under the age of 21 shall be of a distinct nature from

8 those Illinois Identification Cards or Illinois Person with a

9 Disability Identification Cards issued to individuals 21 years

10 of age or older. The color designated for Illinois

11 Identification Cards or Illinois Person with a Disability

12 Identification Cards for persons under the age of 21 shall be

13 at the discretion of the Secretary of State.

14  (c-1) Each original or renewal Illinois Identification

15 Card or Illinois Person with a Disability Identification Card

16 issued to a person under the age of 21 shall display the date

17 upon which the person becomes 18 years of age and the date upon

18 which the person becomes 21 years of age.

19  (c-3) The General Assembly recognizes the need to identify

20 military veterans living in this State for the purpose of

21 ensuring that they receive all of the services and benefits to

22 which they are legally entitled, including healthcare,

23 education assistance, and job placement. To assist the State

24 in identifying these veterans and delivering these vital

25 services and benefits, the Secretary of State is authorized to

26 issue Illinois Identification Cards and Illinois Person with a
    SB3449 Enrolled    - 12 - LRB104 20542 SPS 34019 b

1 Disability Identification Cards with the word "veteran"

2 appearing on the face of the cards. This authorization is

3 predicated on the unique status of veterans. The Secretary may

4 not issue any other identification card which identifies an

5 occupation, status, affiliation, hobby, or other unique

6 characteristics of the identification card holder which is

7 unrelated to the purpose of the identification card.

8   (c-5) Beginning on or before July 1, 2015, the Secretary

9 of State shall designate a space on each original or renewal

10 identification card where, at the request of the applicant,

11 the word "veteran" shall be placed. The veteran designation

12 shall be available to a person identified as a veteran under

13 subsection (b) of Section 5 of this Act who was discharged or

14 separated under honorable conditions.

15  (d) The Secretary of State may issue a Senior Citizen

16 discount card, to any natural person who is a resident of the

17 State of Illinois who is 60 years of age or older and who

18 applies for such a card or renewal thereof. The Secretary of

19 State shall charge no fee to issue such card. The card shall be

20 issued in every county and applications shall be made

21 available at, but not limited to, nutrition sites, senior

22 citizen centers and Area Agencies on Aging. The applicant,

23 upon receipt of such card and prior to its use for any purpose,

24 shall have affixed thereon in the space provided therefor his

25 signature or mark.

26  (e) The Secretary of State, in his or her discretion, may
    SB3449 Enrolled             - 13 - LRB104 20542 SPS 34019 b

1 designate on each Illinois Identification Card or Illinois

2 Person with a Disability Identification Card a space where the

3 card holder may place a sticker or decal, issued by the

4 Secretary of State, of uniform size as the Secretary may

5 specify, that shall indicate in appropriate language that the

6 card holder has renewed his or her Illinois Identification

7 Card or Illinois Person with a Disability Identification Card.

8   (f)(1) The Secretary of State may issue a mobile

9 identification card to an individual who is otherwise eligible

10 to hold a physical credential in addition to, and not instead

11 of, an identification card if the Secretary of State has

12 issued an identification card to the person. The data elements

13 that are used to build an electronic credential must match the

14 individual's current Department record.

15  (2) The Secretary may enter into agreements or contract

16 with an agency of the State, another state, the United States,

17 or a third party to facilitate the issuance, use, and

18 verification of a mobile identification card issued by the

19 Secretary or another state.

20  (3) Any mobile identification card issued by the Secretary

21 shall be in accordance with the most recent AAMVA standards.

22  (4) The Secretary shall design the mobile identification

23 card in a manner that allows the credential holder to maintain

24 physical possession of the device on which the mobile

25 identification card is accessed during verification.

26  (g) The verification process shall be implemented to
    SB3449 Enrolled  - 14 - LRB104 20542 SPS 34019 b

1 require:

2   (1) the relying parties to authenticate electronic

3   credentials in accordance with applicable AAMVA standards

4   prior to acceptance of the electronic credential;

5   (2) the Secretary to ensure that electronic credential

6   data is subject to all jurisdictional data security and

7   privacy protection laws and regulations; and

8   (3) the relying parties to request only electronic

9   credential data elements that are necessary to complete

10  the transaction for which data is being requested.

11  (h) Privacy and tracking of data shall be restricted by

12 implementing the following requirements:

13  (1) the relying parties shall retain only electronic

14  credential data elements for which the relying party

15  explicitly obtained consent from the electronic credential

16  holder and shall inform the electronic credential holder

17  of the use and retention period of the electronic data

18  elements;

19  (2) the Secretary shall use an electronic credential

20  system that is designed to maximize the privacy of the

21  credential holder in accordance with State and federal law

22  and shall not track or compile information without the

23  credential holder's consent; and

24  (3) the Department shall only compile and disclose

25  information regarding the use of the credential as

26  required by State or federal law.
    SB3449 Enrolled              - 15 - LRB104 20542 SPS 34019 b

1   (i)(1) The electronic credential holder shall be required

2 to have the holder's physical credential on the holder's

3 person for all purposes for which an identification card is

4 required. No person, public entity, private entity, or agency

5 shall establish a policy that requires an electronic

6 credential instead of a physical credential.

7   (2) Electronic credential systems shall be designed so

8 that there is no requirement for the electronic credential

9 holder to display or relinquish possession of the credential

10 holder's mobile device to relying parties for the acceptance

11 of an electronic credential.

12  (3) When required by law and upon request by law

13 enforcement, a credential holder must provide the credential

14 holder's physical credential.

15  (4) Any law or regulation that requires an individual to

16 surrender the individual's physical credential to law

17 enforcement does not apply to the device on which an

18 electronic credential has been provisioned.

19  (j) A person may be required to produce when so requested a

20 physical identification card to a law enforcement officer, a

21 representative of a State or federal department or agency, or

22 a private entity and is subject to all applicable laws and

23 consequences for failure to produce such an identification

24 card.

25  (k) The Secretary of State shall adopt such rules as are

26 necessary to implement a mobile identification card.
    SB3449 Enrolled         - 16 - LRB104 20542 SPS 34019 b

1   (l) The display of a mobile identification card shall not

2 serve as consent or authorization for a law enforcement

3 officer, or any other person, to search, view, or access any

4 other data or application on the mobile device. If a person

5 presents the person's mobile device to a law enforcement

6 officer for purposes of displaying a mobile identification

7 card, the law enforcement officer shall promptly return the

8 mobile device to the person once the officer has had an

9 opportunity to verify the identity of the person. Except for

10 willful and wanton misconduct, any law enforcement officer,

11 court, or officer of the court presented with the device shall

12 be immune from any liability resulting from damage to the

13 mobile device.

14  (m) The fee to install the application to display a mobile

15 identification card as defined in this subsection shall not

16 exceed $6.

17  (n) As used in this Section:

18  "AAMVA" means the American Association of Motor Vehicle

19 Administrators.

20  "Credential" means a driver's license, learner's permit,

21 or identification card.

22  "Credential holder" means the individual to whom a mobile

23 driver's license or a mobile identification card is issued.

24  "Data element" means a distinct component of a customer's

25 information that is found on the Department's customer record.

26  "Department" means the Secretary of State Department of
    SB3449 Enrolled      - 17 - LRB104 20542 SPS 34019 b

1 Driver Services.

2   "Electronic credential" means an electronic extension of

3 the departmental issued physical credential that conveys

4 identity and complies with AAMVA's mobile driver license

5 Implementation guidelines and the ISO/IEC 18013-5 standard.

6   "Electronic credential system" means a digital process

7 that includes a method for provisioning electronic

8 credentials, requesting and transmitting electronic credential

9 data elements, and performing tasks to maintain the system.

10  "Full profile" means all the information provided on an

11 identification card.

12  "ISO" means the International Organization for

13 Standardization, which creates uniform processes and

14 procedures.

15  "Limited profile" means a portion of the information

16 provided on an Identification Card.

17  "Mobile identification card" means a data file that is

18 available on any mobile device that has connectivity to the

19 Internet through an application that allows the mobile device

20 to download the data file from the Secretary of State, that

21 contains all the data elements visible on the face and back of

22 an identification card, and that displays the current status

23 of the identification card. "Mobile identification card" does

24 not include a copy, photograph, or image of an Illinois

25 Identification Card that is not downloaded through the

26 application on a mobile device.
    SB3449 Enrolled           - 18 - LRB104 20542 SPS 34019 b

1   "Physical credential" means a Department-issued document

2 that conveys identity in accordance with the Illinois

3 Identification Card Act.

4   "Provision" means the initial loading of an electronic

5 credential onto a device.

6   "Relying party" means the entity to which the credential

7 holder presents the electronic credential.

8   "Verification process" means a method of authenticating

9 the electronic credential through the use of secured

10 encryption communication.

11  (o) Upon providing the required documentation, at the

12 request of the applicant, the identification card may reflect

13 Gold Star Family designation. The Secretary shall designate a

14 space on each original or renewal of an identification card

15 for such designation. This designation shall be available to a

16 person eligible for Gold Star license plates under subsection

17 (f) of Section 6-106 of the Illinois Vehicle Code.

18 (Source: P.A. 103-210, eff. 7-1-24; 103-345, eff. 1-1-24;

19 103-605, eff. 7-1-24; 103-782, eff. 8-6-24; 103-824, eff.

20 1-1-25; 103-933, eff. 1-1-25; 104-417, eff. 8-15-25; 104-443,

21 eff. 1-1-26; revised 1-7-26.)

22  (Text of Section after amendment by P.A. 104-457)

23  Sec. 4. Identification card.

24  (a) In accordance with the requirements of this Section,

25 the Secretary of State shall issue a standard Illinois
    SB3449 Enrolled  - 19 - LRB104 20542 SPS 34019 b

1 Identification Card, as well as a mobile Illinois

2 Identification Card, to any natural person who is a resident

3 of the State of Illinois who applies for such a card, or

4 renewal thereof. No identification card shall be issued to any

5 person who holds a valid foreign state identification card,

6 license, or permit unless the person first surrenders to the

7 Secretary of State the valid foreign state identification

8 card, license, or permit. The card shall be prepared and

9 supplied by the Secretary of State and shall include a

10 photograph and signature or mark of the applicant. However,

11 the Secretary of State may provide by rule for the issuance of

12 Illinois Identification Cards without photographs if the

13 applicant has a bona fide religious objection to being

14 photographed or to the display of his or her photograph. The

15 Illinois Identification Card may be used for identification

16 purposes in any lawful situation only by the person to whom it

17 was issued. As used in this Act, "photograph" means any color

18 photograph or digitally produced and captured image of an

19 applicant for an identification card. As used in this Act,

20 "signature" means the name of a person as written by that

21 person and captured in a manner acceptable to the Secretary of

22 State.

23  (a-5) If an applicant for an identification card has a

24 current driver's license or instruction permit issued by the

25 Secretary of State, the Secretary may require the applicant to

26 utilize the same residence address and name on the
    SB3449 Enrolled  - 20 - LRB104 20542 SPS 34019 b

1 identification card, driver's license, and instruction permit

2 records maintained by the Secretary. The Secretary may

3 promulgate rules to implement this provision.

4   (a-10) If the applicant is a judicial officer as defined

5 in Section 1-10 of the Judicial Privacy Act, a public official

6 as defined in Section 10 of the Public Official Safety and

7 Privacy Act, or a peace officer, the applicant may elect to

8 have his or her office or work address listed on the card

9 instead of the applicant's residence or mailing address. The

10 Secretary may promulgate rules to implement this provision.

11 For the purposes of this subsection (a-10), "peace officer"

12 means any person who by virtue of his or her office or public

13 employment is vested by law with a duty to maintain public

14 order or to make arrests for a violation of any penal statute

15 of this State, whether that duty extends to all violations or

16 is limited to specific violations.

17  (a-15) The Secretary of State may provide for an expedited

18 process for the issuance of an Illinois Identification Card.

19 The Secretary shall charge an additional fee for the expedited

20 issuance of an Illinois Identification Card, to be set by

21 rule, not to exceed $75. All fees collected by the Secretary

22 for expedited Illinois Identification Card service shall be

23 deposited into the Secretary of State Special Services Fund.

24 The Secretary may adopt rules regarding the eligibility,

25 process, and fee for an expedited Illinois Identification

26 Card. If the Secretary of State determines that the volume of
    SB3449 Enrolled  - 21 - LRB104 20542 SPS 34019 b

1 expedited identification card requests received on a given day

2 exceeds the ability of the Secretary to process those requests

3 in an expedited manner, the Secretary may decline to provide

4 expedited services, and the additional fee for the expedited

5 service shall be refunded to the applicant.

6   (a-20) The Secretary of State shall issue a standard

7 Illinois Identification Card to a person committed to the

8 Department of Corrections, the Department of Juvenile Justice,

9 a Federal Bureau of Prisons facility located in Illinois, or a

10 county jail or county department of corrections as follows:

11  (1) A committed person who has previously held an

12  Illinois Identification Card or an Illinois driver's

13  license shall submit an Identification Card verification

14  form to the Secretary of State, including a photograph

15  taken by the correctional facility, proof of residency

16  upon discharge, and a social security number, if the

17  committed person has a social security number. If the

18  committed person does not have a social security number

19  and is eligible for a social security number, the

20  Secretary of State shall not issue a standard Illinois

21  Identification Card until the committed person obtains a

22  social security number. If the committed person's

23  photograph and demographic information matches an existing

24  Illinois Identification Card or Illinois driver's license

25  and the Secretary of State verifies the applicant's social

26  security number with the Social Security Administration,
    SB3449 Enrolled  - 22 - LRB104 20542 SPS 34019 b

1   the Secretary of State shall issue the committed person a

2   standard Illinois Identification Card. If the photograph

3   or demographic information matches an existing Illinois

4   Identification Card or Illinois driver's license in

5   another person's name or identity, a standard Illinois

6   Identification Card shall not be issued until the

7   committed person submits a certified birth certificate and

8   social security card to the Secretary of State and the

9   Secretary of State verifies the identity of the committed

10  person. If the Secretary of State cannot find a match to an

11  existing Illinois Identification Card or Illinois driver's

12  license, the committed person may apply for a standard

13  Illinois Identification card as described in paragraph

14  (2).

15  (2) A committed person who has not previously held an

16  Illinois Identification Card or Illinois driver's license

17  or for whom a match cannot be found as described in

18  paragraph (1) shall submit an Illinois Identification Card

19  verification form, including a photograph taken by the

20  correctional facility, a certified birth certificate,

21  proof of residency upon discharge, and a social security

22  number, if the committed has a social security number. If

23  the committed person does not have a social security

24  number and is eligible for a social security number, the

25  Secretary of State shall not issue a standard Illinois

26  Identification Card until the committed person obtains a
    SB3449 Enrolled       - 23 - LRB104 20542 SPS 34019 b

1   social security number. If the Secretary of State verifies

2   the applicant's social security number with the Social

3   Security Administration, the Secretary of State shall

4   issue the committed person a standard Illinois

5   Identification Card.

6   The Illinois Identification Card verification form

7 described in this subsection shall be prescribed by the

8 Secretary of State. The Secretary of State and correctional

9 facilities in this State shall establish a secure method to

10 transfer the form.

11  (a-25) The Secretary of State shall issue a limited-term

12 Illinois Identification Card valid for 90 days to a committed

13 person upon release on parole, mandatory supervised release,

14 aftercare release, final discharge, or pardon from the

15 Department of Corrections, the Department of Juvenile Justice,

16 a Federal Bureau of Prisons facility located in Illinois, or a

17 county jail or county department of corrections, if the

18 released person does not obtain a standard Illinois

19 Identification Card as described in subsection (a-20) prior to

20 release but does present a Secretary of State prescribed

21 Identification Card verification form completed by the

22 correctional facility, verifying the released person's date of

23 birth, social security number, if the person has a social

24 security number, and his or her Illinois residence address.

25 The verification form must have been completed no more than 30

26 days prior to the date of application for the Illinois
    SB3449 Enrolled     - 24 - LRB104 20542 SPS 34019 b

1 Identification Card.

2   Prior to the expiration of the 90-day period of the

3 limited-term Illinois Identification Card, if the released

4 person submits to the Secretary of State a certified copy of

5 his or her birth certificate and his or her social security

6 card, if the person has a social security number, or other

7 documents authorized by the Secretary, a standard Illinois

8 Identification Card shall be issued. A limited-term Illinois

9 Identification Card may not be renewed.

10  This subsection shall not apply to a released person who

11 was unable to obtain a standard Illinois Identification Card

12 because his or her photograph or demographic information

13 matched an existing Illinois Identification Card or Illinois

14 driver's license in another person's name or identity or to a

15 released person who does not have a social security number and

16 is eligible for a social security number.

17  (a-30) The Secretary of State shall issue a standard

18 Illinois Identification Card to a person upon conditional

19 release or absolute discharge from the custody of the

20 Department of Human Services, if the person presents a

21 certified copy of his or her birth certificate, social

22 security card, if the person has a social security number, or

23 other documents authorized by the Secretary, and a document

24 proving his or her Illinois residence address. The Secretary

25 of State shall issue a standard Illinois Identification Card

26 to a person prior to his or her conditional release or absolute
   SB3449 Enrolled  - 25 - LRB104 20542 SPS 34019 b

1 discharge if personnel from the Department of Human Services

2 bring the person to a Secretary of State location with the

3 required documents. Documents proving residence address may

4 include any official document of the Department of Human

5 Services showing the person's address after release and a

6 Secretary of State prescribed verification form, which may be

7 executed by personnel of the Department of Human Services.

8  (a-35) The Secretary of State shall issue a limited-term

9 Illinois Identification Card valid for 90 days to a person

10 upon conditional release or absolute discharge from the

11 custody of the Department of Human Services, if the person is

12 unable to present a certified copy of his or her birth

13 certificate and social security card, if the person has a

14 social security number, or other documents authorized by the

15 Secretary, but does present a Secretary of State prescribed

16 verification form completed by the Department of Human

17 Services, verifying the person's date of birth and social

18 security number, if the person has a social security number,

19 and a document proving his or her Illinois residence address.

20 The verification form must have been completed no more than 30

21 days prior to the date of application for the Illinois

22 Identification Card. The Secretary of State shall issue a

23 limited-term Illinois Identification Card to a person no

24 sooner than 14 days prior to his or her conditional release or

25 absolute discharge if personnel from the Department of Human

26 Services bring the person to a Secretary of State location
   SB3449 Enrolled  - 26 - LRB104 20542 SPS 34019 b

1 with the required documents. Documents proving residence

2 address shall include any official document of the Department

3 of Human Services showing the person's address after release

4 and a Secretary of State prescribed verification form, which

5 may be executed by personnel of the Department of Human

6 Services.

7  (b) The Secretary of State shall issue a special Illinois

8 Identification Card, which shall be known as an Illinois

9 Person with a Disability Identification Card, to any natural

10 person who is a resident of the State of Illinois, who is a

11 person with a disability as defined in Section 4A of this Act,

12 who applies for such card, or renewal thereof. No Illinois

13 Person with a Disability Identification Card shall be issued

14 to any person who holds a valid foreign state identification

15 card, license, or permit unless the person first surrenders to

16 the Secretary of State the valid foreign state identification

17 card, license, or permit. The Secretary of State shall charge

18 no fee to issue such card. The card shall be prepared and

19 supplied by the Secretary of State, and shall include a

20 photograph and signature or mark of the applicant, a

21 designation indicating that the card is an Illinois Person

22 with a Disability Identification Card, and shall include a

23 comprehensible designation of the type and classification of

24 the applicant's disability as set out in Section 4A of this

25 Act. However, the Secretary of State may provide by rule for

26 the issuance of Illinois Person with a Disability
    SB3449 Enrolled  - 27 - LRB104 20542 SPS 34019 b

1 Identification Cards without photographs if the applicant has

2 a bona fide religious objection to being photographed or to

3 the display of his or her photograph. If the applicant so

4 requests, the card shall include a description of the

5 applicant's disability and any information about the

6 applicant's disability or medical history which the Secretary

7 determines would be helpful to the applicant in securing

8 emergency medical care. If a mark is used in lieu of a

9 signature, such mark shall be affixed to the card in the

10 presence of 2 witnesses who attest to the authenticity of the

11 mark. The Illinois Person with a Disability Identification

12 Card may be used for identification purposes in any lawful

13 situation by the person to whom it was issued.

14  The Illinois Person with a Disability Identification Card

15 may be used as adequate documentation of disability in lieu of

16 a physician's determination of disability, a determination of

17 disability from a physician assistant, a determination of

18 disability from an advanced practice registered nurse, or any

19 other documentation of disability whenever any State law

20 requires that a person with a disability provide such

21 documentation of disability, however an Illinois Person with a

22 Disability Identification Card shall not qualify the

23 cardholder to participate in any program or to receive any

24 benefit which is not available to all persons with like

25 disabilities. Notwithstanding any other provisions of law, an

26 Illinois Person with a Disability Identification Card, or
    SB3449 Enrolled        - 28 - LRB104 20542 SPS 34019 b

1 evidence that the Secretary of State has issued an Illinois

2 Person with a Disability Identification Card, shall not be

3 used by any person other than the person named on such card to

4 prove that the person named on such card is a person with a

5 disability or for any other purpose unless the card is used for

6 the benefit of the person named on such card, and the person

7 named on such card consents to such use at the time the card is

8 so used.

9   An optometrist's determination of a visual disability

10 under Section 4A of this Act is acceptable as documentation

11 for the purpose of issuing an Illinois Person with a

12 Disability Identification Card.

13  When medical information is contained on an Illinois

14 Person with a Disability Identification Card, the Office of

15 the Secretary of State shall not be liable for any actions

16 taken based upon that medical information.

17  The Secretary of State shall add a marker or box to the

18 Illinois Person with a Disability Identification Card that can

19 be used to record and demonstrate that the holder of the card

20 has presented documentation of certification of eligibility to

21 receive complementary paratransit services under 49 CFR Part

22 37, Subpart F by an entity that is required to provide those

23 services in the State.

24  (c) The Secretary of State shall provide that each

25 original or renewal Illinois Identification Card or Illinois

26 Person with a Disability Identification Card issued to a
    SB3449 Enrolled  - 29 - LRB104 20542 SPS 34019 b

1 person under the age of 21 shall be of a distinct nature from

2 those Illinois Identification Cards or Illinois Person with a

3 Disability Identification Cards issued to individuals 21 years

4 of age or older. The color designated for Illinois

5 Identification Cards or Illinois Person with a Disability

6 Identification Cards for persons under the age of 21 shall be

7 at the discretion of the Secretary of State.

8   (c-1) Each original or renewal Illinois Identification

9 Card or Illinois Person with a Disability Identification Card

10 issued to a person under the age of 21 shall display the date

11 upon which the person becomes 18 years of age and the date upon

12 which the person becomes 21 years of age.

13  (c-3) The General Assembly recognizes the need to identify

14 military veterans living in this State for the purpose of

15 ensuring that they receive all of the services and benefits to

16 which they are legally entitled, including healthcare,

17 education assistance, and job placement. To assist the State

18 in identifying these veterans and delivering these vital

19 services and benefits, the Secretary of State is authorized to

20 issue Illinois Identification Cards and Illinois Person with a

21 Disability Identification Cards with the word "veteran"

22 appearing on the face of the cards. This authorization is

23 predicated on the unique status of veterans. The Secretary may

24 not issue any other identification card which identifies an

25 occupation, status, affiliation, hobby, or other unique

26 characteristics of the identification card holder which is
    SB3449 Enrolled    - 30 - LRB104 20542 SPS 34019 b

1 unrelated to the purpose of the identification card.

2   (c-5) Beginning on or before July 1, 2015, the Secretary

3 of State shall designate a space on each original or renewal

4 identification card where, at the request of the applicant,

5 the word "veteran" shall be placed. The veteran designation

6 shall be available to a person identified as a veteran under

7 subsection (b) of Section 5 of this Act who was discharged or

8 separated under honorable conditions.

9   (d) The Secretary of State may issue a Senior Citizen

10 discount card, to any natural person who is a resident of the

11 State of Illinois who is 60 years of age or older and who

12 applies for such a card or renewal thereof. The Secretary of

13 State shall charge no fee to issue such card. The card shall be

14 issued in every county and applications shall be made

15 available at, but not limited to, nutrition sites, senior

16 citizen centers and Area Agencies on Aging. The applicant,

17 upon receipt of such card and prior to its use for any purpose,

18 shall have affixed thereon in the space provided therefor his

19 signature or mark.

20  (e) The Secretary of State, in his or her discretion, may

21 designate on each Illinois Identification Card or Illinois

22 Person with a Disability Identification Card a space where the

23 card holder may place a sticker or decal, issued by the

24 Secretary of State, of uniform size as the Secretary may

25 specify, that shall indicate in appropriate language that the

26 card holder has renewed his or her Illinois Identification
    SB3449 Enrolled             - 31 - LRB104 20542 SPS 34019 b

1 Card or Illinois Person with a Disability Identification Card.

2   (f)(1) The Secretary of State may issue a mobile

3 identification card to an individual who holds a valid and

4 unexpired is otherwise eligible to hold a physical

5 identification card issued by the Secretary of State

6 credential in addition to, and not instead of, an

7 identification card if the Secretary of State has issued an

8 identification card to the person. The data elements of a

9 mobile identification card that are used to build an

10 electronic credential must match the individual's current

11 identification card Department record.

12  (2) The Secretary may enter into agreements or contract

13 with an agency of the State, another state, the United States,

14 or a third party to facilitate the issuance, use, and

15 verification of a mobile identification card issued by the

16 Secretary or another state.

17  (3) Any mobile identification card issued by the Secretary

18 shall be in accordance with the AAMVA's Mobile Driver's

19 License (mDL) Implementation Guidelines Version 1.5 (May

20 2025), as may be amended or updated from time to time most

21 recent AAMVA standards.

22  (4) The Secretary shall design the mobile identification

23 card in a manner that allows the mobile identification card

24 credential holder to maintain physical possession of the

25 device on which the mobile identification card is provisioned

26 accessed during verification by a relying party.
    SB3449 Enrolled           - 32 - LRB104 20542 SPS 34019 b

1   (g) The verification process shall be implemented to

2 require:

3   (1) a the relying party parties to authenticate a

4   mobile identification card electronic credentials in

5   accordance with applicable AAMVA standards prior to

6   acceptance of the mobile identification card electronic

7   credential;

8   (2) the Secretary to ensure that mobile identification

9   card electronic credential data is subject to all

10  jurisdictional data security and privacy protection laws

11  and regulations; and

12  (3) a the relying party parties to request only mobile

13  identification card electronic credential data elements

14  that are necessary to complete the transaction for which

15  data is being requested.

16  (h) Privacy and tracking of data shall be restricted by

17 implementing the following requirements:

18  (1) a the relying party parties shall retain only

19  mobile identification card electronic credential data

20  elements for which the relying party explicitly obtained

21  consent from the mobile identification card electronic

22  credential holder and shall inform the mobile

23  identification card electronic credential holder of the

24  use and retention period of the electronic data elements;

25  (2) the Secretary shall use a mobile identification

26  card an electronic credential system that is designed to
    SB3449 Enrolled  - 33 - LRB104 20542 SPS 34019 b

1   maximize the privacy of the mobile identification card

2   credential holder in accordance with State and federal law

3   and shall not track or compile information without the

4   mobile identification card credential holder's consent;

5   and

6        (3) the Department shall only compile and disclose

7   information regarding the use of a mobile identification

8   card the credential as required by State or federal law.

9   (i)(1) A mobile identification card The electronic

10 credential holder shall be required to have the holder's

11 physical identification card credential on the holder's person

12 for all purposes for which an identification card is required.

13 No person, public entity, private entity, or agency shall

14 establish a policy that requires a mobile identification card

15 an electronic credential instead of a physical identification

16 card credential.

17  (2) A mobile identification card Electronic credential

18 systems shall be designed so that there is no requirement for

19 the mobile identification card electronic credential holder to

20 display or relinquish possession of the mobile identification

21 card credential holder's mobile device to a relying party

22 parties for the acceptance of a mobile identification card. No

23 relying party, including law enforcement, may take physical

24 possession of a mobile identification card holder's mobile

25 device for purposes of verifying the mobile identification

26 card holder's identity an electronic credential.
    SB3449 Enrolled       - 34 - LRB104 20542 SPS 34019 b

1   (3) When required by law and upon request by law

2 enforcement, a representative of a State or federal department

3 or agency, or a private entity, a mobile identification card

4 credential holder must provide the holder's physical

5 identification card and is subject to all applicable laws and

6 consequences for failure to produce such an identification

7 card the credential holder's physical credential.

8   (4) Any law or regulation that requires an individual to

9 surrender the individual's physical identification card

10 credential to law enforcement does not apply to the device on

11 which a mobile identification card an electronic credential

12 has been provisioned.

13  (j) (Blank). A person may be required to produce when so

14 requested a physical identification card to a law enforcement

15 officer, a representative of a State or federal department or

16 agency, or a private entity and is subject to all applicable

17 laws and consequences for failure to produce such an

18 identification card.

19  (k) The Secretary of State shall adopt such rules as are

20 necessary to implement a mobile identification card.

21  (l) The use display of a mobile identification card shall

22 not serve as consent or authorization for a law enforcement

23 officer, or any other person, to search, view, or access any

24 other data or application on the mobile device. If a person

25 presents the person's mobile device to a law enforcement

26 officer for purposes of displaying a mobile identification
    SB3449 Enrolled         - 35 - LRB104 20542 SPS 34019 b

1 card, the law enforcement officer shall promptly return the

2 mobile device to the person once the officer has had an

3 opportunity to verify the identity of the person. Except for

4 willful and wanton misconduct, any law enforcement officer,

5 court, or officer of the court presented with the device shall

6 be immune from any liability resulting from damage to the

7 mobile device.

8   (m) (Blank). The fee to install the application to display

9 a mobile identification card as defined in this subsection

10 shall not exceed $6.

11  (n) As used in this Section:

12  "AAMVA" means the American Association of Motor Vehicle

13 Administrators.

14  "Credential" means a driver's license, learner's permit,

15 or identification card.

16  "Credential holder" means the individual to whom a mobile

17 driver's license or a mobile identification card is issued.

18  "Data element" means a distinct component of a customer's

19 information that is found on the Department's customer record.

20  "Department" means the Secretary of State Department of

21 Driver Services.

22  "Electronic credential" means an electronic extension of

23 the departmental issued physical credential that conveys

24 identity and complies with AAMVA's mobile driver license

25 Implementation guidelines and the ISO/IEC 18013-5 standard.

26  "Electronic credential system" means a digital process
    SB3449 Enrolled     - 36 - LRB104 20542 SPS 34019 b

1 that includes a method for provisioning electronic

2 credentials, requesting and transmitting electronic credential

3 data elements, and performing tasks to maintain the system.

4   "Full profile" means all the information provided on an

5 identification card.

6   "ISO" means the International Organization for

7 Standardization, which creates uniform processes and

8 procedures.

9   "Limited profile" means a portion of the information

10 provided on an Identification Card.

11  "Mobile credential system" means a digital process that

12 includes a method for provisioning a mobile identification

13 card, requesting and transmitting mobile identification data

14 elements, and performing tasks to maintain the system.

15  "Mobile identification card" means an identification card

16 that resides on a mobile device or requires a mobile device as

17 part of the process to gain access to the related information a

18 data file that is available on any mobile device that has

19 connectivity to the Internet through an application that

20 allows the mobile device to download the data file from the

21 Secretary of State, that contains all the data elements

22 visible on the face and back of an identification card, and

23 that displays the current status of the identification card.

24 "Mobile identification card" does not include a copy,

25 photograph, or image of an Illinois Identification Card that

26 is not provisioned downloaded through a participating wallet
    SB3449 Enrolled         - 37 - LRB104 20542 SPS 34019 b

1 provider the application on a mobile device.

2   "Physical credential" means a Department-issued document

3 that conveys identity in accordance with the Illinois

4 Identification Card Act.

5   "Provision" means the initial loading of a mobile

6 identification card an electronic credential onto a device.

7   "Relying party" means the entity to which the

8 identification card credential holder presents the holder's

9 mobile identification card the electronic credential.

10  "Verification process" means a method of authenticating

11 the mobile identification card electronic credential through

12 the use of secured encryption communication.

13  (o) Upon providing the required documentation, at the

14 request of the applicant, the identification card may reflect

15 Gold Star Family designation. The Secretary shall designate a

16 space on each original or renewal of an identification card

17 for such designation. This designation shall be available to a

18 person eligible for Gold Star license plates under subsection

19 (f) of Section 6-106 of the Illinois Vehicle Code.

20 (Source: P.A. 103-210, eff. 7-1-24; 103-345, eff. 1-1-24;

21 103-605, eff. 7-1-24; 103-782, eff. 8-6-24; 103-824, eff.

22 1-1-25; 103-933, eff. 1-1-25; 104-417, eff. 8-15-25; 104-443,

23 eff. 1-1-26; 104-457, eff. 6-1-26; revised 1-7-26.)

24  (15 ILCS 335/14D)

25  Sec. 14D. Limitations on use of identification card
    SB3449 Enrolled  - 38 - LRB104 20542 SPS 34019 b

1 information.

2   (a) When information is obtained from an identification

3 card issued by the Secretary of State to identify or prove the

4 age of the holder of the card, or in the course of a commercial

5 transaction, that information may be used only for purposes of

6 identification of the individual or for completing the

7 commercial transaction in which the information was obtained,

8 including all subsequent payment, processing, collection, and

9 other related actions and may not be maintained or stored for

10 longer than what is strictly necessary for the purpose for

11 which the information was provided. Information obtained from

12 an identification card issued by the Secretary of State may

13 not be used for purposes unrelated to the transaction in which

14 it was obtained, including, but not limited to, commercial

15 solicitations. Information obtained from an identification

16 card issued by the Secretary of State to identify or prove the

17 age of the holder of the card, or in the course of a commercial

18 transaction, may not be sold, leased or otherwise provided to

19 any third party.

20  (b) As used in this Section: ,

21  "Identification card" includes a mobile identification

22 card as that term is defined in subsection (n) of Section 4.

23  "Information" "information" on an identification card

24 issued by the Secretary of State includes readable text on the

25 face of the card and information encoded or encrypted into a

26 bar code, magnetic strip, or other electronically readable
    SB3449 Enrolled          - 39 - LRB104 20542 SPS 34019 b

1 device on or in the card.

2   (c) Any individual whose identification card information

3 has been used in violation of this Section has a cause of

4 action against the person who violated this Section. Upon a

5 finding that a violation did occur, the individual whose

6 information was used in violation of this Section is entitled

7 to recover actual damages, but not less than liquidated

8 damages in the amount of $250 for each violation, plus

9 attorney's fees and the costs of bringing the action.

10  (d) Use of information contained on an identification card

11 issued by the Secretary of State is not a violation of this

12 Section if the individual whose information has been used gave

13 express permission for that use, or if the information

14 relating to the individual was obtained from a source other

15 than the individual's identification card issued by the

16 Secretary of State.

17  (e) This Section does not apply to any agency of the United

18 States or to the State of Illinois or any of its political

19 subdivisions.

20  (f) This Section does not apply to the transfer of

21 information to a third party if (i) a federal or State law,

22 rule, or regulation requires that the information be

23 transferred to a third party after being recorded in specified

24 transactions or (ii) the information is transferred to a third

25 party for purposes of the detection or possible prosecution of

26 criminal offenses or fraud. If information is transferred to a
    SB3449 Enrolled  - 40 - LRB104 20542 SPS 34019 b

1 third party under this subsection (f), it may be used only for

2 the purposes authorized by this subsection (f).

3   (g) This Section does not apply to the use of information

4 obtained from an identification card which has been provided

5 by the holder of the card in the course of a potential or

6 completed employment, commercial, business or professional

7 transaction for the purpose of completing written documents

8 including, but not limited to, contracts, agreements, purchase

9 orders, retail installment contracts, buyer's orders, purchase

10 contracts, repair orders, applications, disclosure forms or

11 waiver forms.

12 (Source: P.A. 94-892, eff. 1-1-07.)

13  Section 10. The Illinois Vehicle Code is amended by

14 changing Sections 6-101 and 6-117.1 as follows:

15  (625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)

16  Sec. 6-101. Drivers must have licenses or permits.

17  (a) No person, except those expressly exempted by Section

18 6-102, shall drive any motor vehicle upon a highway in this

19 State unless such person has a valid license or permit, an

20 Illinois mobile driver's license, or a restricted driving

21 permit, issued under the provisions of this Act.

22  (b) No person shall drive a motor vehicle unless the

23 person holds a valid license or permit, an Illinois mobile

24 driver's license, or a restricted driving permit issued under
    SB3449 Enrolled  - 41 - LRB104 20542 SPS 34019 b

1 this Act. Any person to whom a license is issued under the

2 provisions of this Act must surrender to the Secretary of

3 State all valid licenses or permits, except that an applicant

4 for a non-domiciled commercial learner's permit or commercial

5 driver's license shall not be required to surrender a license

6 or permit issued by the applicant's state or country of

7 domicile. No driver's license or instruction permit shall be

8 issued to any person who holds a valid Foreign State license,

9 identification card, or permit unless such person first

10 surrenders to the Secretary of State any such valid Foreign

11 State license, identification card, or permit.

12  (b-5) Any person who commits a violation of subsection (a)

13 or (b) of this Section is guilty of a Class A misdemeanor, if

14 at the time of the violation the person's driver's license or

15 permit was cancelled under clause (a)9 of Section 6-201 of

16 this Code.

17  (c) Any person licensed as a driver hereunder shall not be

18 required by any city, village, incorporated town or other

19 municipal corporation to obtain any other license to exercise

20 the privilege thereby granted.

21  (d) In addition to other penalties imposed under this

22 Section, any person in violation of this Section who is also in

23 violation of Section 7-601 of this Code relating to mandatory

24 insurance requirements shall have his or her motor vehicle

25 immediately impounded by the arresting law enforcement

26 officer. The motor vehicle may be released to any licensed
    SB3449 Enrolled  - 42 - LRB104 20542 SPS 34019 b

1 driver upon a showing of proof of insurance for the motor

2 vehicle that was impounded and the notarized written consent

3 for the release by the vehicle owner.

4   (e) In addition to other penalties imposed under this

5 Section, the vehicle of any person in violation of this

6 Section who is also in violation of Section 7-601 of this Code

7 relating to mandatory insurance requirements and who, in

8 violating this Section, has caused death or personal injury to

9 another person is subject to forfeiture under Sections 36-1

10 and 36-2 of the Criminal Code of 2012. For the purposes of this

11 Section, a personal injury shall include any type A injury as

12 indicated on the traffic crash report completed by a law

13 enforcement officer that requires immediate professional

14 attention in either a doctor's office or a medical facility. A

15 type A injury shall include severely bleeding wounds,

16 distorted extremities, and injuries that require the injured

17 party to be carried from the scene.

18  (f)(1) The Secretary of State may issue a mobile driver's

19 license to an individual who holds a valid and unexpired

20 physical driver's license. The data elements of a mobile

21 driver's license card must match the individual's current

22 driver's license Department record in addition to, and not

23 instead of, a license or an identification card if the

24 Secretary of State has issued a driver's license to the

25 person.

26  (2) The Secretary may enter into agreements with an agency
    SB3449 Enrolled  - 43 - LRB104 20542 SPS 34019 b

1 of the State, another state, or the United States to

2 facilitate the issuance, use, and verification of a mobile

3 driver's license issued by the Secretary or another state.

4   (3) Any mobile driver's license issued by the Secretary

5 shall be in accordance with American Association of Motor

6 Vehicle Administrator's Mobile Driver's License (mDL)

7 Implementation Guidelines, Version 1.5 (May 2025), as may be

8 amended or updated from time to time 1.1.

9   (4) The Secretary shall design the mobile driver's license

10 in a manner that allows the mobile driver's license credential

11 holder to maintain physical possession of the device on which

12 the mobile driver's license electronic credential is

13 provisioned accessed during verification by a relying party.

14  (g) (Blank). As used in this Section:

15  "Mobile driver's license" means an electronic extension of

16 the Secretary of State issued physical driver's license that

17 conveys identity and driving privilege information and is in

18 compliance with the American Association of Motor Vehicle

19 Administrator's Mobile Driver's License Implementation

20 Guidelines and the ISO/IEC 18013-5 standard. "Mobile driver's

21 license" does not include a digital copy, photograph, or image

22 of a driver's license that is not downloaded through the

23 Secretary of State's application on a mobile device.

24  (h) (Blank). A person may be required to produce when so

25 requested a physical driver's license to a law enforcement

26 officer, a representative of a State or federal department or
    SB3449 Enrolled  - 44 - LRB104 20542 SPS 34019 b

1 agency, or a private entity and is subject to all applicable

2 laws and consequences for failure to produce such a license.

3   (i) The Secretary of State shall adopt such rules as are

4 necessary to implement a mobile driver's license.

5   (i-5) The verification process shall be implemented to

6 require:

7   (1) a relying party to authenticate a mobile driver's

8   license in accordance with applicable AAMVA standards

9   prior to acceptance of the mobile driver's license;

10  (2) the Secretary to ensure that mobile driver's

11  license data is subject to all jurisdictional data

12  security and privacy protection laws and regulations; and

13  (3) a relying party to request only mobile driver's

14  license data elements that are necessary to complete the

15  transaction for which data is being requested.

16  (i-10) Privacy and tracking of data shall be restricted by

17 implementing the following requirements:

18  (1) a relying party shall retain only mobile driver's

19  license data elements for which the relying party

20  explicitly obtained consent from the mobile driver's

21  license holder and shall inform the mobile driver's

22  license holder of the use and retention period of the

23  electronic data elements;

24  (2) the Secretary shall use a mobile driver's license

25  system that is designed to maximize the privacy of the

26  mobile driver's license holder in accordance with State
    SB3449 Enrolled  - 45 - LRB104 20542 SPS 34019 b

1   and federal law and shall not track or compile information

2   without the mobile driver's license holder's consent; and

3   (3) the Department shall only compile and disclose

4   information regarding the use of a mobile driver's license

5   as required by State or federal law.

6   (i-15)(1) A mobile driver's license holder shall be

7 required to have the holder's physical driver's license on the

8 holder's person for all purposes for which a driver's license

9 is required. No person, public entity, private entity, or

10 agency shall establish a policy that requires a mobile

11 driver's license instead of a physical driver's license.

12  (2) A mobile driver's license system shall be designed so

13 that there is no requirement for the mobile driver's license

14 holder to display or relinquish possession of the mobile

15 driver's license holder's mobile device to a relying party for

16 the acceptance of a mobile driver's license. No relying party,

17 including law enforcement, may take physical possession of a

18 mobile driver's license holder's mobile device for purposes of

19 verifying the mobile driver's license holder's identity.

20  (3) When required by law and upon request by law

21 enforcement, a representative of a State or federal department

22 or agency, or a private entity a mobile driver's license

23 holder must provide the holder's physical driver's license and

24 is subject to all applicable laws and consequences for failure

25 to produce such a driver's license.

26  (4) Any law or regulation that requires an individual to
    SB3449 Enrolled  - 46 - LRB104 20542 SPS 34019 b

1 surrender the individual's physical driver's license to law

2 enforcement does not apply to the device on which a mobile

3 driver's license been provisioned.

4   (j) The use display of a mobile driver's license shall not

5 serve as consent or authorization for a law enforcement

6 officer, or any other person, to search, view, or access any

7 other data or application on the mobile device. If a person

8 presents his or her mobile device to a law enforcement officer

9 for purposes of displaying a mobile driver's license, the law

10 enforcement officer shall promptly return the mobile device to

11 the person once the officer has had an opportunity to verify

12 the identity and license status of the person. Except for

13 willful and wanton misconduct, any law enforcement officer,

14 court, or officer of the court presented with the device shall

15 be immune from any liability resulting from damage to the

16 mobile device.

17  (k) (Blank). The fee to install the application to

18 display a mobile driver's license as defined in this

19 subsection shall not exceed $6.

20  (l) As used in this Section:

21  "AAMVA" means the American Association of Motor Vehicle

22 Administrators.

23  "Data element" means a distinct component of a customer's

24 information that is found on the Department's customer record.

25  "Department" means the Secretary of State Department of

26 Driver Services.
    SB3449 Enrolled           - 47 - LRB104 20542 SPS 34019 b

1   Mobile driver's license" means a driver's license that

2 resides on a mobile device or requires a mobile device as part

3 of the process to gain access to the related information.

4 Mobile driver's license" does not include a digital copy,

5 photograph, or image of a driver's license that is not

6 provisioned through a participating digital wallet provider.

7   "Mobile driver's license system" means a digital process

8 that includes a method for provisioning a mobile driver's

9 license, requesting and transmitting driver's license data

10 elements, and performing tasks to maintain the system.

11  "Provision" means the initial loading of a driver's

12 license onto a device.

13  "Relying party" means the entity to which the driver's

14 license holder presents the holder's driver's license.

15  "Verification process" means a method of authenticating

16 the mobile driver's license through the use of secured

17 encryption communication.

18  (o) The Secretary of State shall adopt rules as are

19 necessary to implement a mobile driver's license.

20 (Source: P.A. 102-982, eff. 7-1-23; 103-824, eff. 1-1-25.)

21  (625 ILCS 5/6-117.1)

22  Sec. 6-117.1. Prohibited use of driver's license

23 information.

24  (a) When information is obtained from a driver's license

25 to identify or prove the age of the holder of the license, or
    SB3449 Enrolled              - 48 - LRB104 20542 SPS 34019 b

1 in the course of a commercial transaction, that information

2 may be used only for purposes of identification of the

3 individual or for completing the commercial transaction in

4 which the information was obtained, including all subsequent

5 payment, processing, collection, and other related actions and

6 may not be maintained or stored for longer than what is

7 strictly necessary for the purpose for which the information

8 was provided. Information obtained from a driver's license may

9 not be used for purposes unrelated to the transaction in which

10 it was obtained, including, but not limited to, commercial

11 solicitations. Information obtained from a driver's license to

12 identify the holder of the license, or in the course of a

13 commercial transaction, may not be sold, leased, or otherwise

14 provided to any third party.

15  (b) Any individual whose driver's license information has

16 been used in violation of this Section has a cause of action

17 against the person who violated this Section. Upon a finding

18 that a violation did occur, the individual whose information

19 was used in violation of this Section is entitled to recover

20 actual damages, but not less than liquidated damages in the

21 amount of $250 for each violation, plus attorney's fees and

22 the costs of bringing the action.

23  (c) Use of information contained on a driver's license is

24 not a violation of this Section if (i) the individual whose

25 information has been used gave express permission for that use

26 or (ii) the information relating to the individual was
    SB3449 Enrolled       - 49 - LRB104 20542 SPS 34019 b

1 obtained from a source other than the individual's driver's

2 license.

3   (d) This Section does not apply to any agency of the United

4 States, the State of Illinois, or any other state or political

5 subdivision thereof.

6   (e) This Section does not apply to the transfer of

7 information to a third party if (i) a federal or State law,

8 rule, or regulation requires that the information be

9 transferred to a third party after being recorded in specified

10 transactions or (ii) the information is transferred to a third

11 party for purposes of the detection or possible prosecution of

12 criminal offenses or fraud. If information is transferred to a

13 third party under this subsection (e), it may be used only for

14 the purposes authorized by this subsection (e).

15  (f) This Section does not apply to the use of information

16 obtained from a driver's license which has been provided by

17 the holder of the license in the course of a potential or

18 completed employment, commercial, business or professional

19 transaction for the purpose of completing written documents

20 including, but not limited to, contracts, agreements, purchase

21 orders, retail installment contracts, buyer's orders, purchase

22 contracts, repair orders, applications, disclosure forms or

23 waiver forms.

24  (g) As used in this Section, "driver's license" includes a

25 mobile driver's license as that term is defined in subsection

26 (l) of Section 6-101.
   SB3449 Enrolled  - 50 - LRB104 20542 SPS 34019 b

1 (Source: P.A. 94-892, eff. 1-1-07.)

2  Section 95. No acceleration or delay. Where this Act makes

3 changes in a statute that is represented in this Act by text

4 that is not yet or no longer in effect (for example, a Section

5 represented by multiple versions), the use of that text does

6 not accelerate or delay the taking effect of (i) the changes

7 made by this Act or (ii) provisions derived from any other

8 Public Act.

9  Section 99. Effective date. This Act takes effect upon

10 becoming law.
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