HB4592 EngrossedLRB103 37116 MXP 67235 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1that there is no requirement for the electronic credential
2holder to display or relinquish possession of the credential
3holder's mobile device to relying parties for the acceptance
4of an electronic credential.
5    (3) When required by law and upon request by law
6enforcement, a credential holder must provide the credential
7holder's physical credential.
8    (4) Any law or regulation that requires an individual to
9surrender the individual's physical credential to law
10enforcement does not apply to the device on which an
11electronic credential has been provisioned.
12    (j) A person may be required to produce when so requested a
13physical identification card to a law enforcement officer, a
14representative of a State or federal department or agency, or
15a private entity and is subject to all applicable laws and
16consequences for failure to produce such an identification
17card.
18    (k) The Secretary of State shall adopt such rules as are
19necessary to implement a mobile identification card.
20    (l) The display of a mobile identification card shall not
21serve as consent or authorization for a law enforcement
22officer, or any other person, to search, view, or access any
23other data or application on the mobile device. If a person
24presents the person's mobile device to a law enforcement
25officer for purposes of displaying a mobile identification
26card, the law enforcement officer shall promptly return the

 

 

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1mobile device to the person once the officer has had an
2opportunity to verify the identity of the person. Except for
3willful and wanton misconduct, any law enforcement officer,
4court, or officer of the court presented with the device shall
5be immune from any liability resulting from damage to the
6mobile device.
7    (m) The fee to install the application to display a mobile
8identification card as defined in this subsection shall not
9exceed $6.
10    (n) As used in this Section:
11    "AAMVA" means the American Association of Motor Vehicle
12Administrators.
13    "Credential" means a driver's license, learner's permit,
14or identification card.
15    "Credential holder" means the individual to whom a mobile
16identification card is issued.
17    "Data element" means a distinct component of a customer's
18information that is found on the Department's customer record.
19    "Department" means the Secretary of State Department of
20Driver Services.
21    "Electronic credential" means an electronic extension of
22the departmental issued physical credential that conveys
23identity and complies with AAMVA's mobile driver license
24Implementation guidelines and the ISO/IEC 18013-5 standard.
25    "Electronic credential system" means a digital process
26that includes a method for provisioning electronic

 

 

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1credentials, requesting and transmitting electronic credential
2data elements, and performing tasks to maintain the system.
3    "Full profile" means all the information provided on an
4identification card.
5    "ISO" means the International Organization for
6Standardization, which creates uniform processes and
7procedures.
8    "Limited profile" means a portion of the information
9provided on an identification card.
10    "Mobile identification card" means a data file that is
11available on any mobile device that has connectivity to the
12Internet through an application that allows the mobile device
13to download the data file from the Secretary of State, that
14contains all the data elements visible on the face and back of
15an identification card, and that displays the current status
16of the identification card. "Mobile identification card" does
17not include a copy, photograph, or image of an Illinois
18Identification Card that is not downloaded through the
19application on a mobile device.
20    "Physical credential" means a Department issued document
21that conveys identity in accordance with the Illinois
22Identification Card Act.
23    "Provision" means the initial loading of an electronic
24credential onto a device.
25    "Relying party" means the entity to which the credential
26holder presents the electronic credential.

 

 

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1    "Verification process" means a method of authenticating
2the electronic credential through the use of secured
3encryption communication.
4(Source: P.A. 102-299, eff. 8-6-21; 103-345, eff. 1-1-24.)
 
5    (Text of Section after amendment by P.A. 103-210)
6    Sec. 4. Identification card.
7    (a) In accordance with the requirements of this Section,
8the The Secretary of State shall issue a standard Illinois
9Identification Card, as well as a mobile Illinois
10Identification Card, to any natural person who is a resident
11of the State of Illinois who applies for such a card, or
12renewal thereof. No identification card shall be issued to any
13person who holds a valid foreign state identification card,
14license, or permit unless the person first surrenders to the
15Secretary of State the valid foreign state identification
16card, license, or permit. The card shall be prepared and
17supplied by the Secretary of State and shall include a
18photograph and signature or mark of the applicant. However,
19the Secretary of State may provide by rule for the issuance of
20Illinois Identification Cards without photographs if the
21applicant has a bona fide religious objection to being
22photographed or to the display of his or her photograph. The
23Illinois Identification Card may be used for identification
24purposes in any lawful situation only by the person to whom it
25was issued. As used in this Act, "photograph" means any color

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    credentials in accordance with applicable AAMVA standards
2    prior to acceptance of the electronic credential;
3        (2) the Secretary to ensure that electronic credential
4    data is subject to all jurisdictional data security and
5    privacy protection laws and regulations; and
6        (3) the relying parties to request only electronic
7    credential data elements that are necessary to complete
8    the transaction for which data is being requested.
9    (h) Privacy and tracking of data shall be restricted by
10implementing the following requirements:
11        (1) the relying parties shall retain only electronic
12    credential data elements for which the relying party
13    explicitly obtained consent from the electronic credential
14    holder and shall inform the electronic credential holder
15    of the use and retention period of the electronic data
16    elements;
17        (2) the Secretary shall use an electronic credential
18    system that is designed to maximize the privacy of the
19    credential holder in accordance with State and federal law
20    and shall not track or compile information without the
21    credential holder's consent; and
22        (3) the Department shall only compile and disclose
23    information regarding the use of the credential as
24    required by State or federal law.
25    (i)(1) The electronic credential holder shall be required
26to have their physical credential on their person for all

 

 

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1purposes for which an identification card is required. No
2person, public entity, private entity, or agency shall
3establish a policy that requires an electronic credential
4instead of a physical credential.
5    (2) Electronic credential systems shall be designed so
6that there is no requirement for the electronic credential
7holder to display or relinquish possession of the credential
8holder's mobile device to relying parties for the acceptance
9of an electronic credential.
10    (3) When required by law and upon request by law
11enforcement, a credential holder must provide the credential
12holder's physical credential.
13    (4) Any law or regulation that requires an individual to
14surrender their physical credential to law enforcement does
15not apply to the device on which an electronic credential has
16been provisioned.
17    (j) A person may be required to produce when so requested a
18physical identification card to a law enforcement officer, a
19representative of a State or federal department or agency, or
20a private entity and is subject to all applicable laws and
21consequences for failure to produce such an identification
22card.
23    (k) The Secretary of State shall adopt such rules as are
24necessary to implement a mobile identification card.
25    (l) The display of a mobile identification card shall not
26serve as consent or authorization for a law enforcement

 

 

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1officer, or any other person, to search, view, or access any
2other data or application on the mobile device. If a person
3presents the person's mobile device to a law enforcement
4officer for purposes of displaying a mobile identification
5card, the law enforcement officer shall promptly return the
6mobile device to the person once the officer has had an
7opportunity to verify the identity of the person. Except for
8willful and wanton misconduct, any law enforcement officer,
9court, or officer of the court presented with the device shall
10be immune from any liability resulting from damage to the
11mobile device.
12    (m) The fee to install the application to display a mobile
13identification card as defined in this subsection shall not
14exceed $6.
15    (n) As used in this Section:
16    "AAMVA" means the American Association of Motor Vehicle
17Administrators.
18    "Credential" means a driver's license, learner's permit,
19or identification card.
20    "Credential holder" means the individual to whom a mobile
21driver's license or a mobile identification card is issued.
22    "Data element" means a distinct component of a customer's
23information that is found on the Department's customer record.
24    "Department" means the Secretary of State Department of
25Driver Services.
26    "Electronic credential" means an electronic extension of

 

 

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1the departmental issued physical credential that conveys
2identity and complies with AAMVA's mobile driver license
3Implementation guidelines and the ISO/IEC 18013-5 standard.
4    "Electronic credential system" means a digital process
5that includes a method for provisioning electronic
6credentials, requesting and transmitting electronic credential
7data elements, and performing tasks to maintain the system.
8    "Full profile" means all the information provided on an
9identification card.
10    "ISO" means the International Organization for
11Standardization, which creates uniform processes and
12procedures.
13    "Limited profile" means a portion of the information
14provided on an Identification Card.
15    "Mobile identification card" means a data file that is
16available on any mobile device that has connectivity to the
17Internet through an application that allows the mobile device
18to download the data file from the Secretary of State, that
19contains all the data elements visible on the face and back of
20an identification card, and that displays the current status
21of the identification card. "Mobile identification card" does
22not include a copy, photograph, or image of an Illinois
23Identification Card that is not downloaded through the
24application on a mobile device.
25    "Physical credential" means a Department issued document
26that conveys identity in accordance with the Illinois

 

 

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1Identification Card Act.
2    "Provision" means the initial loading of an electronic
3credential onto a device.
4    "Relying party" means the entity to which the credential
5holder presents the electronic credential.
6    "Verification process" means a method of authenticating
7the electronic credential through the use of secured
8encryption communication.
9(Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24;
10103-345, eff. 1-1-24; revised 12-12-23.)
 
11    Section 10. The Illinois Vehicle Code is amended by
12changing Section 6-101 as follows:
 
13    (625 ILCS 5/6-101)  (from Ch. 95 1/2, par. 6-101)
14    Sec. 6-101. Drivers must have licenses or permits.
15    (a) No person, except those expressly exempted by Section
166-102, shall drive any motor vehicle upon a highway in this
17State unless such person has a valid license or permit, an
18Illinois mobile driver's license, or a restricted driving
19permit, issued under the provisions of this Act.
20    (b) No person shall drive a motor vehicle unless the
21person he holds a valid license or permit, an Illinois mobile
22driver's license, or a restricted driving permit issued under
23the provisions of Section 6-205, 6-206, or 6-113 of this Act.
24Any person to whom a license is issued under the provisions of

 

 

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1this Act must surrender to the Secretary of State all valid
2licenses or permits, except that an applicant for a
3non-domiciled commercial learner's permit or commercial
4driver's license shall not be required to surrender a license
5or permit issued by the applicant's state or country of
6domicile. No driver's drivers license or instruction permit
7shall be issued to any person who holds a valid Foreign State
8license, identification card, or permit unless such person
9first surrenders to the Secretary of State any such valid
10Foreign State license, identification card, or permit.
11    (b-5) Any person who commits a violation of subsection (a)
12or (b) of this Section is guilty of a Class A misdemeanor, if
13at the time of the violation the person's driver's license or
14permit was cancelled under clause (a)9 of Section 6-201 of
15this Code.
16    (c) Any person licensed as a driver hereunder shall not be
17required by any city, village, incorporated town or other
18municipal corporation to obtain any other license to exercise
19the privilege thereby granted.
20    (d) In addition to other penalties imposed under this
21Section, any person in violation of this Section who is also in
22violation of Section 7-601 of this Code relating to mandatory
23insurance requirements shall have his or her motor vehicle
24immediately impounded by the arresting law enforcement
25officer. The motor vehicle may be released to any licensed
26driver upon a showing of proof of insurance for the motor

 

 

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1vehicle that was impounded and the notarized written consent
2for the release by the vehicle owner.
3    (e) In addition to other penalties imposed under this
4Section, the vehicle of any person in violation of this
5Section who is also in violation of Section 7-601 of this Code
6relating to mandatory insurance requirements and who, in
7violating this Section, has caused death or personal injury to
8another person is subject to forfeiture under Sections 36-1
9and 36-2 of the Criminal Code of 2012. For the purposes of this
10Section, a personal injury shall include any type A injury as
11indicated on the traffic crash report completed by a law
12enforcement officer that requires immediate professional
13attention in either a doctor's office or a medical facility. A
14type A injury shall include severely bleeding wounds,
15distorted extremities, and injuries that require the injured
16party to be carried from the scene.
17    (f)(1) The Secretary of State may issue a mobile driver's
18license to an individual in addition to, and not instead of, a
19license or an identification card if the Secretary of State
20has issued a driver's license to the person.
21    (2) The Secretary may enter into agreements with an agency
22of the State, another state, or the United States to
23facilitate the issuance, use, and verification of a mobile
24driver's license issued by the Secretary or another state.
25    (3) Any mobile driver's license issued by the Secretary
26shall be in accordance with American Association of Motor

 

 

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1Vehicle Administrator's Mobile Driver's License (mDL)
2Implementation Guidelines, Version 1.1.
3    (4) The Secretary shall design the mobile driver's license
4in a manner that allows the credential holder to maintain
5physical possession of the device on which the electronic
6credential is accessed during verification.
7    (g) As used in this Section:
8    "Mobile driver's license" means an electronic extension of
9the Secretary of State issued physical driver's license that
10conveys identity and driving privilege information and is in
11compliance with the American Association of Motor Vehicle
12Administrator's Mobile Driver's License Implementation
13Guidelines and the ISO/IEC 18013-5 standard. "Mobile driver's
14license" does not include a digital copy, photograph, or image
15of a driver's license that is not downloaded through the
16Secretary of State's application on a mobile device.
17    (h) A person may be required to produce when so requested a
18physical driver's license to a law enforcement officer, a
19representative of a State or federal department or agency, or
20a private entity and is subject to all applicable laws and
21consequences for failure to produce such a license.
22    (i) The Secretary of State shall adopt such rules as are
23necessary to implement a mobile driver's license.
24    (j) The display of a mobile driver's license shall not
25serve as consent or authorization for a law enforcement
26officer, or any other person, to search, view, or access any

 

 

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1other data or application on the mobile device. If a person
2presents his or her mobile device to a law enforcement officer
3for purposes of displaying a mobile driver's license, the law
4enforcement officer shall promptly return the mobile device to
5the person once the officer has had an opportunity to verify
6the identity and license status of the person. Except for
7willful and wanton misconduct, any law enforcement officer,
8court, or officer of the court presented with the device shall
9be immune from any liability resulting from damage to the
10mobile device.
11    (k) The fee to install the application to display a mobile
12driver's license as defined in this subsection shall not
13exceed $6.
14(Source: P.A. 102-982, eff. 7-1-23.)
 
15    Section 95. No acceleration or delay. Where this Act makes
16changes in a statute that is represented in this Act by text
17that is not yet or no longer in effect (for example, a Section
18represented by multiple versions), the use of that text does
19not accelerate or delay the taking effect of (i) the changes
20made by this Act or (ii) provisions derived from any other
21Public Act.