Bill Text: IL HB5539 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Illinois Identification Card Act. Changes references from "electronic credential" to "mobile identification card". Provides that no relying party, including law enforcement, may take physical possession of a mobile identification card holder's mobile device for purposes of verifying the mobile identification card holder's identity. Amends the Illinois Vehicle Code. Inserts conforming provisions concerning requirements for mobile driver's licenses. Makes other changes.

Sponsorship: Bipartisan Bill

Status: (Introduced) 2026-02-18 - Added Co-Sponsor Rep. Michael Crawford [HB5539 Detail]

Download: Illinois-2025-HB5539-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB5539 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
15 ILCS 335/4
15 ILCS 335/14D
625 ILCS 5/6-101 from Ch. 95 1/2, par. 6-101
625 ILCS 5/6-117.1
Amends the Illinois Identification Card Act. Changes references from "electronic credential" to "mobile identification card". Provides that no relying party, including law enforcement, may take physical possession of a mobile identification card holder's mobile device for purposes of verifying the mobile identification card holder's identity. Amends the Illinois Vehicle Code. Inserts conforming provisions concerning requirements for mobile driver's licenses. Makes other changes.
LRB104 20541 SPS 34018 b
A BILL FOR
HB5539 LRB104 20541 SPS 34018 b
AN ACT concerning State government.
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 Sections 4 and 14D as follows:
(15 ILCS 335/4)
(Text of Section before amendment by P.A. 104-457)
Sec. 4. Identification card.
(a) In accordance with the requirements of this Section,
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

HB5539 - 2 - LRB104 20541 SPS 34018 b
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, a public official
as defined in Section 10 of the Public Official Safety and
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

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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
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, the Department of Juvenile Justice,
a Federal Bureau of Prisons facility located in Illinois, or a
county jail or county department of corrections as follows:
(1) A committed person who has previously held an
Illinois Identification Card or an Illinois driver's
license shall submit an Identification Card verification

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form to the Secretary of State, including a photograph
taken by the correctional facility, proof of residency
upon discharge, and a social security number, if the
committed person has a social security number. If the
committed person does not have a social security number
and is eligible for a social security number, the
Secretary of State shall not issue a standard Illinois
Identification Card until the committed person obtains a
social security number. If the committed person's
photograph and demographic information matches an existing
Illinois Identification Card or Illinois driver's license
and the Secretary of State verifies the applicant's social
security number with the Social Security Administration,
the Secretary of State shall issue the committed person a
standard Illinois Identification Card. If the photograph
or demographic information matches an existing Illinois
Identification Card or Illinois driver's license in
another person's name or identity, a standard Illinois
Identification Card shall not be issued until the
committed person submits a certified birth certificate and
social security card to the Secretary of State and the
Secretary of State verifies the identity of the committed
person. If the Secretary of State cannot find a match to an
existing Illinois Identification Card or Illinois driver's
license, the committed person may apply for a standard
Illinois Identification card as described in paragraph

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(2).
(2) A committed person who has not previously held an
Illinois Identification Card or Illinois driver's license
or for whom a match cannot be found as described in
paragraph (1) shall submit an Illinois Identification Card
verification form, including a photograph taken by the
correctional facility, a certified birth certificate,
proof of residency upon discharge, and a social security
number, if the committed person has a social security
number. If the committed person does not have a social
security number and is eligible for a social security
number, the Secretary of State shall not issue a standard
Illinois Identification Card until the committed person
obtains a social security number. If the Secretary of
State verifies the applicant's social security number with
the Social Security Administration, the Secretary of State
shall issue the committed person a standard Illinois
Identification Card.
The Illinois Identification Card verification form
described in this subsection shall be prescribed by the
Secretary of State. The Secretary of State and correctional
facilities in this State shall establish a secure method to
transfer the form.
(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,

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aftercare release, final discharge, or pardon from the
Department of Corrections, the Department of Juvenile Justice,
a Federal Bureau of Prisons facility located in Illinois, or a
county jail or county department of corrections, if the
released person does not obtain a standard Illinois
Identification Card as described in subsection (a-20) prior to
release but does present a Secretary of State prescribed
Identification Card verification form completed by the
correctional facility, 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.
This subsection shall not apply to a released person who
was unable to obtain a standard Illinois Identification Card
because his or her photograph or demographic information
matched an existing Illinois Identification Card or Illinois

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driver's license in another person's name or identity or to a
released person who does not have a social security number and
is eligible for a social security number.
(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
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

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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
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

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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
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 2 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.

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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
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

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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
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

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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
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

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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
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

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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
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.

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(i)(1) The electronic credential holder shall be required
to have the holder's physical credential on the holder's
person for all purposes for which an identification card is
required. No person, public entity, private entity, or agency
shall establish a policy that requires an electronic
credential instead of a physical credential.
(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
enforcement, a credential holder must provide the credential
holder's physical credential.
(4) Any law or regulation that requires an individual to
surrender the 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.

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(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. Except for
willful and wanton misconduct, any law enforcement officer,
court, or officer of the court presented with the device shall
be immune from any liability resulting from damage to the
mobile device.
(m) The fee to install the application to display a mobile
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
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

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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.
"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.

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"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.
(o) Upon providing the required documentation, at the
request of the applicant, the identification card may reflect
Gold Star Family designation. The Secretary shall designate a
space on each original or renewal of an identification card
for such designation. This designation shall be available to a
person eligible for Gold Star license plates under subsection
(f) of Section 6-106 of the Illinois Vehicle Code.
(Source: P.A. 103-210, eff. 7-1-24; 103-345, eff. 1-1-24;
103-605, eff. 7-1-24; 103-782, eff. 8-6-24; 103-824, eff.
1-1-25; 103-933, eff. 1-1-25; 104-417, eff. 8-15-25; 104-443,
eff. 1-1-26; revised 1-7-26.)
(Text of Section after amendment by P.A. 104-457)
Sec. 4. Identification card.
(a) In accordance with the requirements of this Section,
the Secretary of State shall issue a standard Illinois

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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
Secretary of State, the Secretary may require the applicant to
utilize the same residence address and name on the

HB5539 - 20 - LRB104 20541 SPS 34018 b
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, a public official
as defined in Section 10 of the Public Official Safety and
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
Card. If the Secretary of State determines that the volume of

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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, the Department of Juvenile Justice,
a Federal Bureau of Prisons facility located in Illinois, or a
county jail or county department of corrections as follows:
(1) A committed person who has previously held an
Illinois Identification Card or an Illinois driver's
license shall submit an Identification Card verification
form to the Secretary of State, including a photograph
taken by the correctional facility, proof of residency
upon discharge, and a social security number, if the
committed person has a social security number. If the
committed person does not have a social security number
and is eligible for a social security number, the
Secretary of State shall not issue a standard Illinois
Identification Card until the committed person obtains a
social security number. If the committed person's
photograph and demographic information matches an existing
Illinois Identification Card or Illinois driver's license
and the Secretary of State verifies the applicant's social
security number with the Social Security Administration,

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the Secretary of State shall issue the committed person a
standard Illinois Identification Card. If the photograph
or demographic information matches an existing Illinois
Identification Card or Illinois driver's license in
another person's name or identity, a standard Illinois
Identification Card shall not be issued until the
committed person submits a certified birth certificate and
social security card to the Secretary of State and the
Secretary of State verifies the identity of the committed
person. If the Secretary of State cannot find a match to an
existing Illinois Identification Card or Illinois driver's
license, the committed person may apply for a standard
Illinois Identification card as described in paragraph
(2).
(2) A committed person who has not previously held an
Illinois Identification Card or Illinois driver's license
or for whom a match cannot be found as described in
paragraph (1) shall submit an Illinois Identification Card
verification form, including a photograph taken by the
correctional facility, a certified birth certificate,
proof of residency upon discharge, and a social security
number, if the committed has a social security number. If
the committed person does not have a social security
number and is eligible for a social security number, the
Secretary of State shall not issue a standard Illinois
Identification Card until the committed person obtains a

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social security number. If the Secretary of State verifies
the applicant's social security number with the Social
Security Administration, the Secretary of State shall
issue the committed person a standard Illinois
Identification Card.
The Illinois Identification Card verification form
described in this subsection shall be prescribed by the
Secretary of State. The Secretary of State and correctional
facilities in this State shall establish a secure method to
transfer the form.
(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, the Department of Juvenile Justice,
a Federal Bureau of Prisons facility located in Illinois, or a
county jail or county department of corrections, if the
released person does not obtain a standard Illinois
Identification Card as described in subsection (a-20) prior to
release but does present a Secretary of State prescribed
Identification Card verification form completed by the
correctional facility, 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

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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.
This subsection shall not apply to a released person who
was unable to obtain a standard Illinois Identification Card
because his or her photograph or demographic information
matched an existing Illinois Identification Card or Illinois
driver's license in another person's name or identity or to a
released person who does not have a social security number and
is eligible for a social security number.
(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
of State shall issue a standard Illinois Identification Card
to a person prior to his or her conditional release or absolute

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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
absolute discharge if personnel from the Department of Human
Services bring the person to a Secretary of State location

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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
Act. However, the Secretary of State may provide by rule for
the issuance of Illinois Person with a Disability

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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 2 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
disabilities. Notwithstanding any other provisions of law, an
Illinois Person with a Disability Identification Card, or

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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.
The Secretary of State shall add a marker or box to the
Illinois Person with a Disability Identification Card that can
be used to record and demonstrate that the holder of the card
has presented documentation of certification of eligibility to
receive complementary paratransit services under 49 CFR Part
37, Subpart F by an entity that is required to provide those
services in the State.
(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

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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
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

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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
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

HB5539 - 31 - LRB104 20541 SPS 34018 b
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 holds a valid and
unexpired is otherwise eligible to hold a physical
identification card issued by the Secretary of State
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 of a
mobile identification card that are used to build an
electronic credential must match the individual's current
identification card 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 AAMVA's Mobile Driver's
License (mDL) Implementation Guidelines Version 1.5 (May
2025), as may be amended or updated from time to time most
recent AAMVA standards.
(4) The Secretary shall design the mobile identification
card in a manner that allows the mobile identification card
credential holder to maintain physical possession of the
device on which the mobile identification card is provisioned
accessed during verification by a relying party.

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(g) The verification process shall be implemented to
require:
(1) a the relying party parties to authenticate a
mobile identification card electronic credentials in
accordance with applicable AAMVA standards prior to
acceptance of the mobile identification card electronic
credential;
(2) the Secretary to ensure that mobile identification
card electronic credential data is subject to all
jurisdictional data security and privacy protection laws
and regulations; and
(3) a the relying party parties to request only mobile
identification card 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) a the relying party parties shall retain only
mobile identification card electronic credential data
elements for which the relying party explicitly obtained
consent from the mobile identification card electronic
credential holder and shall inform the mobile
identification card electronic credential holder of the
use and retention period of the electronic data elements;
(2) the Secretary shall use a mobile identification
card an electronic credential system that is designed to

HB5539 - 33 - LRB104 20541 SPS 34018 b
maximize the privacy of the mobile identification card
credential holder in accordance with State and federal law
and shall not track or compile information without the
mobile identification card credential holder's consent;
and
(3) the Department shall only compile and disclose
information regarding the use of a mobile identification
card the credential as required by State or federal law.
(i)(1) A mobile identification card The electronic
credential holder shall be required to have the holder's
physical identification card credential on the holder's person
for all purposes for which an identification card is required.
No person, public entity, private entity, or agency shall
establish a policy that requires a mobile identification card
an electronic credential instead of a physical identification
card credential.
(2) A mobile identification card Electronic credential
systems shall be designed so that there is no requirement for
the mobile identification card electronic credential holder to
display or relinquish possession of the mobile identification
card credential holder's mobile device to a relying party
parties for the acceptance of a mobile identification card. No
relying party, including law enforcement, may take physical
possession of a mobile identification card holder's mobile
device for purposes of verifying the mobile identification
card holder's identity an electronic credential.

HB5539 - 34 - LRB104 20541 SPS 34018 b
(3) When required by law and upon request by law
enforcement, a representative of a State or federal department
or agency, or a private entity, a mobile identification card
credential holder must provide the holder's physical
identification card and is subject to all applicable laws and
consequences for failure to produce such an identification
card the credential holder's physical credential.
(4) Any law or regulation that requires an individual to
surrender the individual's physical identification card
credential to law enforcement does not apply to the device on
which a mobile identification card an electronic credential
has been provisioned.
(j) (Blank). 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 use 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

HB5539 - 35 - LRB104 20541 SPS 34018 b
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. Except for
willful and wanton misconduct, any law enforcement officer,
court, or officer of the court presented with the device shall
be immune from any liability resulting from damage to the
mobile device.
(m) (Blank). The fee to install the application to display
a mobile 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
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

HB5539 - 36 - LRB104 20541 SPS 34018 b
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.
"Mobile credential system" means a digital process that
includes a method for provisioning a mobile identification
card, requesting and transmitting mobile identification data
elements, and performing tasks to maintain the system.
"Mobile identification card" means an identification card
that resides on a mobile device or requires a mobile device as
part of the process to gain access to the related information 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 provisioned downloaded through a participating wallet

HB5539 - 37 - LRB104 20541 SPS 34018 b
provider 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 a mobile
identification card an electronic credential onto a device.
"Relying party" means the entity to which the
identification card credential holder presents the holder's
mobile identification card the electronic credential.
"Verification process" means a method of authenticating
the mobile identification card electronic credential through
the use of secured encryption communication.
(o) Upon providing the required documentation, at the
request of the applicant, the identification card may reflect
Gold Star Family designation. The Secretary shall designate a
space on each original or renewal of an identification card
for such designation. This designation shall be available to a
person eligible for Gold Star license plates under subsection
(f) of Section 6-106 of the Illinois Vehicle Code.
(Source: P.A. 103-210, eff. 7-1-24; 103-345, eff. 1-1-24;
103-605, eff. 7-1-24; 103-782, eff. 8-6-24; 103-824, eff.
1-1-25; 103-933, eff. 1-1-25; 104-417, eff. 8-15-25; 104-443,
eff. 1-1-26; 104-457, eff. 6-1-26; revised 1-7-26.)
(15 ILCS 335/14D)
Sec. 14D. Limitations on use of identification card

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information.
(a) When information is obtained from an identification
card issued by the Secretary of State to identify or prove the
age of the holder of the card, or in the course of a commercial
transaction, that information may be used only for purposes of
identification of the individual or for completing the
commercial transaction in which the information was obtained,
including all subsequent payment, processing, collection, and
other related actions. Information obtained from an
identification card issued by the Secretary of State may not
be used for purposes unrelated to the transaction in which it
was obtained, including, but not limited to, commercial
solicitations. Information obtained from an identification
card issued by the Secretary of State to identify or prove the
age of the holder of the card, or in the course of a commercial
transaction, may not be sold, leased or otherwise provided to
any third party.
(b) As used in this Section: ,
"Identification card" includes a mobile identification
card as that term is defined in subsection (n) of Section 4.
"Information" "information" on an identification card
issued by the Secretary of State includes readable text on the
face of the card and information encoded or encrypted into a
bar code, magnetic strip, or other electronically readable
device on or in the card.
(c) Any individual whose identification card information

HB5539 - 39 - LRB104 20541 SPS 34018 b
has been used in violation of this Section has a cause of
action against the person who violated this Section. Upon a
finding that a violation did occur, the individual whose
information was used in violation of this Section is entitled
to recover actual damages, but not less than liquidated
damages in the amount of $250 for each violation, plus
attorney's fees and the costs of bringing the action.
(d) Use of information contained on an identification card
issued by the Secretary of State is not a violation of this
Section if the individual whose information has been used gave
express permission for that use, or if the information
relating to the individual was obtained from a source other
than the individual's identification card issued by the
Secretary of State.
(e) This Section does not apply to any agency of the United
States or to the State of Illinois or any of its political
subdivisions.
(f) This Section does not apply to the transfer of
information to a third party if (i) a federal or State law,
rule, or regulation requires that the information be
transferred to a third party after being recorded in specified
transactions or (ii) the information is transferred to a third
party for purposes of the detection or possible prosecution of
criminal offenses or fraud. If information is transferred to a
third party under this subsection (f), it may be used only for
the purposes authorized by this subsection (f).

HB5539 - 40 - LRB104 20541 SPS 34018 b
(g) This Section does not apply to the use of information
obtained from an identification card which has been provided
by the holder of the card in the course of a potential or
completed employment, commercial, business or professional
transaction for the purpose of completing written documents
including, but not limited to, contracts, agreements, purchase
orders, retail installment contracts, buyer's orders, purchase
contracts, repair orders, applications, disclosure forms or
waiver forms.
(Source: P.A. 94-892, eff. 1-1-07.)
Section 10. The Illinois Vehicle Code is amended by
changing Sections 6-101 and 6-117.1 as follows:
(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 holds a valid license or permit, an Illinois mobile
driver's license, or a restricted driving permit issued under
this Act. Any person to whom a license is issued under the
provisions of this Act must surrender to the Secretary of

HB5539 - 41 - LRB104 20541 SPS 34018 b
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 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
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

HB5539 - 42 - LRB104 20541 SPS 34018 b
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,
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 who holds a valid and unexpired
physical driver's license. The data elements of a mobile
driver's license card must match the individual's current
driver's license Department record 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

HB5539 - 43 - LRB104 20541 SPS 34018 b
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 1.5 (May 2025), as may be
amended or updated from time to time 1.1.
(4) The Secretary shall design the mobile driver's license
in a manner that allows the mobile driver's license credential
holder to maintain physical possession of the device on which
the mobile driver's license electronic credential is
provisioned accessed during verification by a relying party.
(g) (Blank). As used in this Section:
"Mobile driver's license" means an electronic extension of
the Secretary of State issued physical driver's license that
conveys identity and driving privilege information and is in
compliance with the American Association of Motor Vehicle
Administrator's Mobile Driver's License Implementation
Guidelines and the ISO/IEC 18013-5 standard. "Mobile driver's
license" does not include a digital copy, photograph, or image
of a driver's license that is not downloaded through the
Secretary of State's application on a mobile device.
(h) (Blank). 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.

HB5539 - 44 - LRB104 20541 SPS 34018 b
(i) The Secretary of State shall adopt such rules as are
necessary to implement a mobile driver's license.
(i-5) The verification process shall be implemented to
require:
(1) a relying party to authenticate a mobile driver's
license in accordance with applicable AAMVA standards
prior to acceptance of the mobile driver's license;
(2) the Secretary to ensure that mobile driver's
license data is subject to all jurisdictional data
security and privacy protection laws and regulations; and
(3) a relying party to request only mobile driver's
license data elements that are necessary to complete the
transaction for which data is being requested.
(i-10) Privacy and tracking of data shall be restricted by
implementing the following requirements:
(1) a relying party shall retain only mobile driver's
license data elements for which the relying party
explicitly obtained consent from the mobile driver's
license holder and shall inform the mobile driver's
license holder of the use and retention period of the
electronic data elements;
(2) the Secretary shall use a mobile driver's license
system that is designed to maximize the privacy of the
mobile driver's license holder in accordance with State
and federal law and shall not track or compile information
without the mobile driver's license holder's consent; and

HB5539 - 45 - LRB104 20541 SPS 34018 b
(3) the Department shall only compile and disclose
information regarding the use of a mobile driver's license
as required by State or federal law.
(i-15)(1) A mobile driver's license holder shall be
required to have the holder's physical driver's license on the
holder's person for all purposes for which a driver's license
is required. No person, public entity, private entity, or
agency shall establish a policy that requires a mobile
driver's license instead of a physical driver's license.
(2) A mobile driver's license system shall be designed so
that there is no requirement for the mobile driver's license
holder to display or relinquish possession of the mobile
driver's license holder's mobile device to a relying party for
the acceptance of a mobile driver's license. No relying party,
including law enforcement, may take physical possession of a
mobile driver's license holder's mobile device for purposes of
verifying the mobile driver's license holder's identity.
(3) When required by law and upon request by law
enforcement, a representative of a State or federal department
or agency, or a private entity a mobile driver's license
holder must provide the holder's physical driver's license and
is subject to all applicable laws and consequences for failure
to produce such a driver's license.
(4) Any law or regulation that requires an individual to
surrender the individual's physical driver's license to law
enforcement does not apply to the device on which a mobile

HB5539 - 46 - LRB104 20541 SPS 34018 b
driver's license been provisioned.
(j) The use 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. Except for
willful and wanton misconduct, any law enforcement officer,
court, or officer of the court presented with the device shall
be immune from any liability resulting from damage to the
mobile device.
(k) (Blank). The fee to install the application to
display a mobile driver's license as defined in this
subsection shall not exceed $6.
(l) As used in this Section:
"AAMVA" means the American Association of Motor Vehicle
Administrators.
"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.
Mobile driver's license" means a driver's license that
resides on a mobile device or requires a mobile device as part

HB5539 - 47 - LRB104 20541 SPS 34018 b
of the process to gain access to the related information.
Mobile driver's license" does not include a digital copy,
photograph, or image of a driver's license that is not
provisioned through a participating digital wallet provider.
"Mobile driver's license system" means a digital process
that includes a method for provisioning a mobile driver's
license, requesting and transmitting driver's license data
elements, and performing tasks to maintain the system.
"Provision" means the initial loading of a driver's
license onto a device.
"Relying party" means the entity to which the driver's
license holder presents the holder's driver's license.
"Verification process" means a method of authenticating
the mobile driver's license.
(o) The Secretary of State shall adopt rules as are
necessary to implement a mobile driver's license.
(Source: P.A. 102-982, eff. 7-1-23; 103-824, eff. 1-1-25.)
(625 ILCS 5/6-117.1)
Sec. 6-117.1. Prohibited use of driver's license
information.
(a) When information is obtained from a driver's license
to identify or prove the age of the holder of the license, or
in the course of a commercial transaction, that information
may be used only for purposes of identification of the
individual or for completing the commercial transaction in

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which the information was obtained, including all subsequent
payment, processing, collection, and other related actions and
may not be maintained or stored for longer than what is
strictly necessary for the purpose for which the information
was provided. Information obtained from a driver's license may
not be used for purposes unrelated to the transaction in which
it was obtained, including, but not limited to, commercial
solicitations. Information obtained from a driver's license to
identify the holder of the license, or in the course of a
commercial transaction, may not be sold, leased, or otherwise
provided to any third party.
(b) Any individual whose driver's license information has
been used in violation of this Section has a cause of action
against the person who violated this Section. Upon a finding
that a violation did occur, the individual whose information
was used in violation of this Section is entitled to recover
actual damages, but not less than liquidated damages in the
amount of $250 for each violation, plus attorney's fees and
the costs of bringing the action.
(c) Use of information contained on a driver's license is
not a violation of this Section if (i) the individual whose
information has been used gave express permission for that use
or (ii) the information relating to the individual was
obtained from a source other than the individual's driver's
license.
(d) This Section does not apply to any agency of the United

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States, the State of Illinois, or any other state or political
subdivision thereof.
(e) This Section does not apply to the transfer of
information to a third party if (i) a federal or State law,
rule, or regulation requires that the information be
transferred to a third party after being recorded in specified
transactions or (ii) the information is transferred to a third
party for purposes of the detection or possible prosecution of
criminal offenses or fraud. If information is transferred to a
third party under this subsection (e), it may be used only for
the purposes authorized by this subsection (e).
(f) This Section does not apply to the use of information
obtained from a driver's license which has been provided by
the holder of the license in the course of a potential or
completed employment, commercial, business or professional
transaction for the purpose of completing written documents
including, but not limited to, contracts, agreements, purchase
orders, retail installment contracts, buyer's orders, purchase
contracts, repair orders, applications, disclosure forms or
waiver forms.
(g) As used in this Section, "driver's license" includes a
mobile driver's license as that term is defined in subsection
(l) of Section 6-101.
(Source: P.A. 94-892, eff. 1-1-07.)
Section 95. No acceleration or delay. Where this Act makes

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