Bill Text: IL HB4592 | 2023-2024 | 103rd General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-04-19 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB4592 Detail]

Download: Illinois-2023-HB4592-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4592 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
15 ILCS 335/4
625 ILCS 5/6-101 from Ch. 95 1/2, par. 6-101
Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Allows the Secretary of State to issue a mobile Illinois Identification Card or mobile driver's license to an individual who is otherwise eligible to hold a physical credential, in addition to an identification card or driver's license, if the Secretary of State has issued an identification card or driver's license to the person. Allows the Secretary to enter into agreements or to contract with an agency of the State, another state, the United States, or a third party to facilitate the issuance, use, and verification of a mobile identification card or driver's license issued by the Secretary or another state. Requires the data elements that are used to build an electronic credential to match the individual's current Department record. Requires all mobile identification cards and driver's licenses issued by the Secretary to be in accordance with the most recent standards of the American Association of Motor Vehicle Administrators. Provides that, when required by law and upon request by law enforcement, a credential holder must provide the credential holder's physical credential. Provides that the display of a mobile identification card and driver's license shall not serve as consent or authorization for a law enforcement officer, or any other person, to search, view, or access any other data or application on the mobile device.
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A BILL FOR
HB4592 LRB103 37116 MXP 67235 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Identification Card Act is amended
by changing Section 4 as follows:
(15 ILCS 335/4)
(Text of Section before amendment by P.A. 103-210)
Sec. 4. Identification card.
(a) In accordance with the requirement's of this Section,
the The Secretary of State shall issue a standard Illinois
Identification Card, as well as a mobile Illinois
Identification Card, to any natural person who is a resident
of the State of Illinois who applies for such a card, or
renewal thereof. No identification card shall be issued to any
person who holds a valid foreign state identification card,
license, or permit unless the person first surrenders to the
Secretary of State the valid foreign state identification
card, license, or permit. The card shall be prepared and
supplied by the Secretary of State and shall include a
photograph and signature or mark of the applicant. However,
the Secretary of State may provide by rule for the issuance of
Illinois Identification Cards without photographs if the
applicant has a bona fide religious objection to being

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

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

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Secretary of State prescribed Identification Card verification
form completed by the respective Department.
(a-25) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a committed
person upon release on parole, mandatory supervised release,
aftercare release, final discharge, or pardon from the
Department of Corrections or Department of Juvenile Justice,
if the released person is unable to present a certified copy of
his or her birth certificate and social security card or other
documents authorized by the Secretary, but does present a
Secretary of State prescribed Identification Card verification
form completed by the Department of Corrections or Department
of Juvenile Justice, verifying the released person's date of
birth, social security number, and his or her Illinois
residence address. The verification form must have been
completed no more than 30 days prior to the date of application
for the Illinois Identification Card.
Prior to the expiration of the 90-day period of the
limited-term Illinois Identification Card, if the released
person submits to the Secretary of State a certified copy of
his or her birth certificate and his or her social security
card or other documents authorized by the Secretary, a
standard Illinois Identification Card shall be issued. A
limited-term Illinois Identification Card may not be renewed.
(a-30) The Secretary of State shall issue a standard
Illinois Identification Card to a person upon conditional

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release or absolute discharge from the custody of the
Department of Human Services, if the person presents a
certified copy of his or her birth certificate, social
security card, or other documents authorized by the Secretary,
and a document proving his or her Illinois residence address.
The Secretary of State shall issue a standard Illinois
Identification Card to a person prior to his or her
conditional release or absolute discharge if personnel from
the Department of Human Services bring the person to a
Secretary of State location with the required documents.
Documents proving residence address may include any official
document of the Department of Human Services showing the
person's address after release and a Secretary of State
prescribed verification form, which may be executed by
personnel of the Department of Human Services.
(a-35) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a person
upon conditional release or absolute discharge from the
custody of the Department of Human Services, if the person is
unable to present a certified copy of his or her birth
certificate and social security card or other documents
authorized by the Secretary, but does present a Secretary of
State prescribed verification form completed by the Department
of Human Services, verifying the person's date of birth and
social security number, and a document proving his or her
Illinois residence address. The verification form must have

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

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

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

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

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

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

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

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

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

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

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

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

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

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person has a social security number, or other documents
authorized by the Secretary, but does present a Secretary of
State prescribed Identification Card verification form
completed by the Department of Corrections or Department of
Juvenile Justice, verifying the released person's date of
birth, social security number, if the person has a social
security number, and his or her Illinois residence address.
The verification form must have been completed no more than 30
days prior to the date of application for the Illinois
Identification Card.
Prior to the expiration of the 90-day period of the
limited-term Illinois Identification Card, if the released
person submits to the Secretary of State a certified copy of
his or her birth certificate and his or her social security
card, if the person has a social security number, or other
documents authorized by the Secretary, a standard Illinois
Identification Card shall be issued. A limited-term Illinois
Identification Card may not be renewed.
(a-30) The Secretary of State shall issue a standard
Illinois Identification Card to a person upon conditional
release or absolute discharge from the custody of the
Department of Human Services, if the person presents a
certified copy of his or her birth certificate, social
security card, if the person has a social security number, or
other documents authorized by the Secretary, and a document
proving his or her Illinois residence address. The Secretary

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of State shall issue a standard Illinois Identification Card
to a person prior to his or her conditional release or absolute
discharge if personnel from the Department of Human Services
bring the person to a Secretary of State location with the
required documents. Documents proving residence address may
include any official document of the Department of Human
Services showing the person's address after release and a
Secretary of State prescribed verification form, which may be
executed by personnel of the Department of Human Services.
(a-35) The Secretary of State shall issue a limited-term
Illinois Identification Card valid for 90 days to a person
upon conditional release or absolute discharge from the
custody of the Department of Human Services, if the person is
unable to present a certified copy of his or her birth
certificate and social security card, if the person has a
social security number, or other documents authorized by the
Secretary, but does present a Secretary of State prescribed
verification form completed by the Department of Human
Services, verifying the person's date of birth and social
security number, if the person has a social security number,
and a document proving his or her Illinois residence address.
The verification form must have been completed no more than 30
days prior to the date of application for the Illinois
Identification Card. The Secretary of State shall issue a
limited-term Illinois Identification Card to a person no
sooner than 14 days prior to his or her conditional release or

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

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

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

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

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

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

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

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

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

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

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

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

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

HB4592 - 34 - LRB103 37116 MXP 67235 b
copy, photograph, or image of a driver's license that is not
downloaded through the application on a mobile device.
(h) A person may be required to produce when so requested a
physical driver's license to a law enforcement officer, a
representative of a State or federal department or agency, or
a private entity and is subject to all applicable laws and
consequences for failure to produce such a license.
(i) The Secretary of State shall adopt such rules as are
necessary to implement a digitized driver's license.
(j) The display of a mobile driver's license shall not
serve as consent or authorization for a law enforcement
officer, or any other person, to search, view, or access any
other data or application on the mobile device. If a person
presents his or her mobile device to a law enforcement officer
for purposes of displaying a mobile driver's license, the law
enforcement officer shall promptly return the mobile device to
the person once the officer has had an opportunity to verify
the identity and license status of the person.
(k) The fee to install the application to display a mobile
driver's license as defined in this subsection shall not
exceed $6.
(Source: P.A. 102-982, eff. 7-1-23.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section

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