SB3449: MOBILE ID CARDS & LICENSES

SB3449 Enrolled LRB104 20542 SPS 34019 b 1 AN ACT concerning State government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Identification Card Act is amended 5 by changing Sections 4 and 14D as follows: 6 (15 ILCS 335/4) 7 (Text of Section before amendment by P.A. 104-457 ) 8 Sec. 4. Identification card. 9 (a) In accordance with the requirements of this Section, 10 the Secretary of State shall issue a standard Illinois 11 Identification Card, as well as a mobile Illinois 12 Identification Card, to any natural person who is a resident 13 of the State of Illinois who applies for such a card, or 14 renewal thereof. No identification card shall be issued to any 15 person who holds a valid foreign state identification card, 16 license, or permit unless the person first surrenders to the 17 Secretary of State the valid foreign state identification 18 card, license, or permit. The card shall be prepared and 19 supplied by the Secretary of State and shall include a 20 photograph and signature or mark of the applicant. However, 21 the Secretary of State may provide by rule for the issuance of 22 Illinois Identification Cards without photographs if the 23 applicant has a bona fide religious objection to being SB3449 Enrolled - 2 - LRB104 20542 SPS 34019 b 1 photographed or to the display of his or her photograph. The 2 Illinois Identification Card may be used for identification 3 purposes in any lawful situation only by the person to whom it 4 was issued. As used in this Act, "photograph" means any color 5 photograph or digitally produced and captured image of an 6 applicant for an identification card. As used in this Act, 7 "signature" means the name of a person as written by that 8 person and captured in a manner acceptable to the Secretary of 9 State. 10 (a-5) If an applicant for an identification card has a 11 current driver's license or instruction permit issued by the 12 Secretary of State, the Secretary may require the applicant to 13 utilize the same residence address and name on the 14 identification card, driver's license, and instruction permit 15 records maintained by the Secretary. The Secretary may 16 promulgate rules to implement this provision. 17 (a-10) If the applicant is a judicial officer as defined 18 in Section 1-10 of the Judicial Privacy Act, a public official 19 as defined in Section 10 of the Public Official Safety and 20 Privacy Act, or a peace officer, the applicant may elect to 21 have his or her office or work address listed on the card 22 instead of the applicant's residence or mailing address. The 23 Secretary may promulgate rules to implement this provision. 24 For the purposes of this subsection (a-10), "peace officer" 25 means any person who by virtue of his or her office or public 26 employment is vested by law with a duty to maintain public SB3449 Enrolled - 3 - LRB104 20542 SPS 34019 b 1 order or to make arrests for a violation of any penal statute 2 of this State, whether that duty extends to all violations or 3 is limited to specific violations. 4 (a-15) The Secretary of State may provide for an expedited 5 process for the issuance of an Illinois Identification Card. 6 The Secretary shall charge an additional fee for the expedited 7 issuance of an Illinois Identification Card, to be set by 8 rule, not to exceed $75. All fees collected by the Secretary 9 for expedited Illinois Identification Card service shall be 10 deposited into the Secretary of State Special Services Fund. 11 The Secretary may adopt rules regarding the eligibility, 12 process, and fee for an expedited Illinois Identification 13 Card. If the Secretary of State determines that the volume of 14 expedited identification card requests received on a given day 15 exceeds the ability of the Secretary to process those requests 16 in an expedited manner, the Secretary may decline to provide 17 expedited services, and the additional fee for the expedited 18 service shall be refunded to the applicant. 19 (a-20) The Secretary of State shall issue a standard 20 Illinois Identification Card to a person committed to the 21 Department of Corrections, the Department of Juvenile Justice, 22 a Federal Bureau of Prisons facility located in Illinois, or a 23 county jail or county department of corrections as follows: 24 (1) A committed person who has previously held an 25 Illinois Identification Card or an Illinois driver's 26 license shall submit an Identification Card verification SB3449 Enrolled - 4 - LRB104 20542 SPS 34019 b 1 form to the Secretary of State, including a photograph 2 taken by the correctional facility, proof of residency 3 upon discharge, and a social security number, if the 4 committed person has a social security number. If the 5 committed person does not have a social security number 6 and is eligible for a social security number, the 7 Secretary of State shall not issue a standard Illinois 8 Identification Card until the committed person obtains a 9 social security number. If the committed person's 10 photograph and demographic information matches an existing 11 Illinois Identification Card or Illinois driver's license 12 and the Secretary of State verifies the applicant's social 13 security number with the Social Security Administration, 14 the Secretary of State shall issue the committed person a 15 standard Illinois Identification Card. If the photograph 16 or demographic information matches an existing Illinois 17 Identification Card or Illinois driver's license in 18 another person's name or identity, a standard Illinois 19 Identification Card shall not be issued until the 20 committed person submits a certified birth certificate and 21 social security card to the Secretary of State and the 22 Secretary of State verifies the identity of the committed 23 person. If the Secretary of State cannot find a match to an 24 existing Illinois Identification Card or Illinois driver's 25 license, the committed person may apply for a standard 26 Illinois Identification card as described in paragraph SB3449 Enrolled - 5 - LRB104 20542 SPS 34019 b 1 (2). 2 (2) A committed person who has not previously held an 3 Illinois Identification Card or Illinois driver's license 4 or for whom a match cannot be found as described in 5 paragraph (1) shall submit an Illinois Identification Card 6 verification form, including a photograph taken by the 7 correctional facility, a certified birth certificate, 8 proof of residency upon discharge, and a social security 9 number, if the committed person has a social security 10 number. If the committed person does not have a social 11 security number and is eligible for a social security 12 number, the Secretary of State shall not issue a standard 13 Illinois Identification Card until the committed person 14 obtains a social security number. If the Secretary of 15 State verifies the applicant's social security number with 16 the Social Security Administration, the Secretary of State 17 shall issue the committed person a standard Illinois 18 Identification Card. 19 The Illinois Identification Card verification form 20 described in this subsection shall be prescribed by the 21 Secretary of State. The Secretary of State and correctional 22 facilities in this State shall establish a secure method to 23 transfer the form. 24 (a-25) The Secretary of State shall issue a limited-term 25 Illinois Identification Card valid for 90 days to a committed 26 person upon release on parole, mandatory supervised release, SB3449 Enrolled - 6 - LRB104 20542 SPS 34019 b 1 aftercare release, final discharge, or pardon from the 2 Department of Corrections, the Department of Juvenile Justice, 3 a Federal Bureau of Prisons facility located in Illinois, or a 4 county jail or county department of corrections, if the 5 released person does not obtain a standard Illinois 6 Identification Card as described in subsection (a-20) prior to 7 release but does present a Secretary of State prescribed 8 Identification Card verification form completed by the 9 correctional facility, verifying the released person's date of 10 birth, social security number, if the person has a social 11 security number, and his or her Illinois residence address. 12 The verification form must have been completed no more than 30 13 days prior to the date of application for the Illinois 14 Identification Card. 15 Prior to the expiration of the 90-day period of the 16 limited-term Illinois Identification Card, if the released 17 person submits to the Secretary of State a certified copy of 18 his or her birth certificate and his or her social security 19 card, if the person has a social security number, or other 20 documents authorized by the Secretary, a standard Illinois 21 Identification Card shall be issued. A limited-term Illinois 22 Identification Card may not be renewed. 23 This subsection shall not apply to a released person who 24 was unable to obtain a standard Illinois Identification Card 25 because his or her photograph or demographic information 26 matched an existing Illinois Identification Card or Illinois SB3449 Enrolled - 7 - LRB104 20542 SPS 34019 b 1 driver's license in another person's name or identity or to a 2 released person who does not have a social security number and 3 is eligible for a social security number. 4 (a-30) The Secretary of State shall issue a standard 5 Illinois Identification Card to a person upon conditional 6 release or absolute discharge from the custody of the 7 Department of Human Services, if the person presents a 8 certified copy of his or her birth certificate, social 9 security card, if the person has a social security number, or 10 other documents authorized by the Secretary, and a document 11 proving his or her Illinois residence address. The Secretary 12 of State shall issue a standard Illinois Identification Card 13 to a person prior to his or her conditional release or absolute 14 discharge if personnel from the Department of Human Services 15 bring the person to a Secretary of State location with the 16 required documents. Documents proving residence address may 17 include any official document of the Department of Human 18 Services showing the person's address after release and a 19 Secretary of State prescribed verification form, which may be 20 executed by personnel of the Department of Human Services. 21 (a-35) The Secretary of State shall issue a limited-term 22 Illinois Identification Card valid for 90 days to a person 23 upon conditional release or absolute discharge from the 24 custody of the Department of Human Services, if the person is 25 unable to present a certified copy of his or her birth 26 certificate and social security card, if the person has a SB3449 Enrolled - 8 - LRB104 20542 SPS 34019 b 1 social security number, or other documents authorized by the 2 Secretary, but does present a Secretary of State prescribed 3 verification form completed by the Department of Human 4 Services, verifying the person's date of birth and social 5 security number, if the person has a social security number, 6 and a document proving his or her Illinois residence address. 7 The verification form must have been completed no more than 30 8 days prior to the date of application for the Illinois 9 Identification Card. The Secretary of State shall issue a 10 limited-term Illinois Identification Card to a person no 11 sooner than 14 days prior to his or her conditional release or 12 absolute discharge if personnel from the Department of Human 13 Services bring the person to a Secretary of State location 14 with the required documents. Documents proving residence 15 address shall include any official document of the Department 16 of Human Services showing the person's address after release 17 and a Secretary of State prescribed verification form, which 18 may be executed by personnel of the Department of Human 19 Services. 20 (b) The Secretary of State shall issue a special Illinois 21 Identification Card, which shall be known as an Illinois 22 Person with a Disability Identification Card, to any natural 23 person who is a resident of the State of Illinois, who is a 24 person with a disability as defined in Section 4A of this Act, 25 who applies for such card, or renewal thereof. No Illinois 26 Person with a Disability Identification Card shall be issued SB3449 Enrolled - 9 - LRB104 20542 SPS 34019 b 1 to any person who holds a valid foreign state identification 2 card, license, or permit unless the person first surrenders to 3 the Secretary of State the valid foreign state identification 4 card, license, or permit. The Secretary of State shall charge 5 no fee to issue such card. The card shall be prepared and 6 supplied by the Secretary of State, and shall include a 7 photograph and signature or mark of the applicant, a 8 designation indicating that the card is an Illinois Person 9 with a Disability Identification Card, and shall include a 10 comprehensible designation of the type and classification of 11 the applicant's disability as set out in Section 4A of this 12 Act. However, the Secretary of State may provide by rule for 13 the issuance of Illinois Person with a Disability 14 Identification Cards without photographs if the applicant has 15 a bona fide religious objection to being photographed or to 16 the display of his or her photograph. If the applicant so 17 requests, the card shall include a description of the 18 applicant's disability and any information about the 19 applicant's disability or medical history which the Secretary 20 determines would be helpful to the applicant in securing 21 emergency medical care. If a mark is used in lieu of a 22 signature, such mark shall be affixed to the card in the 23 presence of 2 witnesses who attest to the authenticity of the 24 mark. The Illinois Person with a Disability Identification 25 Card may be used for identification purposes in any lawful 26 situation by the person to whom it was issued. SB3449 Enrolled - 10 - LRB104 20542 SPS 34019 b 1 The Illinois Person with a Disability Identification Card 2 may be used as adequate documentation of disability in lieu of 3 a physician's determination of disability, a determination of 4 disability from a physician assistant, a determination of 5 disability from an advanced practice registered nurse, or any 6 other documentation of disability whenever any State law 7 requires that a person with a disability provide such 8 documentation of disability, however an Illinois Person with a 9 Disability Identification Card shall not qualify the 10 cardholder to participate in any program or to receive any 11 benefit which is not available to all persons with like 12 disabilities. Notwithstanding any other provisions of law, an 13 Illinois Person with a Disability Identification Card, or 14 evidence that the Secretary of State has issued an Illinois 15 Person with a Disability Identification Card, shall not be 16 used by any person other than the person named on such card to 17 prove that the person named on such card is a person with a 18 disability or for any other purpose unless the card is used for 19 the benefit of the person named on such card, and the person 20 named on such card consents to such use at the time the card is 21 so used. 22 An optometrist's determination of a visual disability 23 under Section 4A of this Act is acceptable as documentation 24 for the purpose of issuing an Illinois Person with a 25 Disability Identification Card. 26 When medical information is contained on an Illinois SB3449 Enrolled - 11 - LRB104 20542 SPS 34019 b 1 Person with a Disability Identification Card, the Office of 2 the Secretary of State shall not be liable for any actions 3 taken based upon that medical information. 4 (c) The Secretary of State shall provide that each 5 original or renewal Illinois Identification Card or Illinois 6 Person with a Disability Identification Card issued to a 7 person under the age of 21 shall be of a distinct nature from 8 those Illinois Identification Cards or Illinois Person with a 9 Disability Identification Cards issued to individuals 21 years 10 of age or older. The color designated for Illinois 11 Identification Cards or Illinois Person with a Disability 12 Identification Cards for persons under the age of 21 shall be 13 at the discretion of the Secretary of State. 14 (c-1) Each original or renewal Illinois Identification 15 Card or Illinois Person with a Disability Identification Card 16 issued to a person under the age of 21 shall display the date 17 upon which the person becomes 18 years of age and the date upon 18 which the person becomes 21 years of age. 19 (c-3) The General Assembly recognizes the need to identify 20 military veterans living in this State for the purpose of 21 ensuring that they receive all of the services and benefits to 22 which they are legally entitled, including healthcare, 23 education assistance, and job placement. To assist the State 24 in identifying these veterans and delivering these vital 25 services and benefits, the Secretary of State is authorized to 26 issue Illinois Identification Cards and Illinois Person with a SB3449 Enrolled - 12 - LRB104 20542 SPS 34019 b 1 Disability Identification Cards with the word "veteran" 2 appearing on the face of the cards. This authorization is 3 predicated on the unique status of veterans. The Secretary may 4 not issue any other identification card which identifies an 5 occupation, status, affiliation, hobby, or other unique 6 characteristics of the identification card holder which is 7 unrelated to the purpose of the identification card. 8 (c-5) Beginning on or before July 1, 2015, the Secretary 9 of State shall designate a space on each original or renewal 10 identification card where, at the request of the applicant, 11 the word "veteran" shall be placed. The veteran designation 12 shall be available to a person identified as a veteran under 13 subsection (b) of Section 5 of this Act who was discharged or 14 separated under honorable conditions. 15 (d) The Secretary of State may issue a Senior Citizen 16 discount card, to any natural person who is a resident of the 17 State of Illinois who is 60 years of age or older and who 18 applies for such a card or renewal thereof. The Secretary of 19 State shall charge no fee to issue such card. The card shall be 20 issued in every county and applications shall be made 21 available at, but not limited to, nutrition sites, senior 22 citizen centers and Area Agencies on Aging. The applicant, 23 upon receipt of such card and prior to its use for any purpose, 24 shall have affixed thereon in the space provided therefor his 25 signature or mark. 26 (e) The Secretary of State, in his or her discretion, may SB3449 Enrolled - 13 - LRB104 20542 SPS 34019 b 1 designate on each Illinois Identification Card or Illinois 2 Person with a Disability Identification Card a space where the 3 card holder may place a sticker or decal, issued by the 4 Secretary of State, of uniform size as the Secretary may 5 specify, that shall indicate in appropriate language that the 6 card holder has renewed his or her Illinois Identification 7 Card or Illinois Person with a Disability Identification Card. 8 (f)(1) The Secretary of State may issue a mobile 9 identification card to an individual who is otherwise eligible 10 to hold a physical credential in addition to, and not instead 11 of, an identification card if the Secretary of State has 12 issued an identification card to the person. The data elements 13 that are used to build an electronic credential must match the 14 individual's current Department record. 15 (2) The Secretary may enter into agreements or contract 16 with an agency of the State, another state, the United States, 17 or a third party to facilitate the issuance, use, and 18 verification of a mobile identification card issued by the 19 Secretary or another state. 20 (3) Any mobile identification card issued by the Secretary 21 shall be in accordance with the most recent AAMVA standards. 22 (4) The Secretary shall design the mobile identification 23 card in a manner that allows the credential holder to maintain 24 physical possession of the device on which the mobile 25 identification card is accessed during verification. 26 (g) The verification process shall be implemented to SB3449 Enrolled - 14 - LRB104 20542 SPS 34019 b 1 require: 2 (1) the relying parties to authenticate electronic 3 credentials in accordance with applicable AAMVA standards 4 prior to acceptance of the electronic credential; 5 (2) the Secretary to ensure that electronic credential 6 data is subject to all jurisdictional data security and 7 privacy protection laws and regulations; and 8 (3) the relying parties to request only electronic 9 credential data elements that are necessary to complete 10 the transaction for which data is being requested. 11 (h) Privacy and tracking of data shall be restricted by 12 implementing the following requirements: 13 (1) the relying parties shall retain only electronic 14 credential data elements for which the relying party 15 explicitly obtained consent from the electronic credential 16 holder and shall inform the electronic credential holder 17 of the use and retention period of the electronic data 18 elements; 19 (2) the Secretary shall use an electronic credential 20 system that is designed to maximize the privacy of the 21 credential holder in accordance with State and federal law 22 and shall not track or compile information without the 23 credential holder's consent; and 24 (3) the Department shall only compile and disclose 25 information regarding the use of the credential as 26 required by State or federal law. SB3449 Enrolled - 15 - LRB104 20542 SPS 34019 b 1 (i)(1) The electronic credential holder shall be required 2 to have the holder's physical credential on the holder's 3 person for all purposes for which an identification card is 4 required. No person, public entity, private entity, or agency 5 shall establish a policy that requires an electronic 6 credential instead of a physical credential. 7 (2) Electronic credential systems shall be designed so 8 that there is no requirement for the electronic credential 9 holder to display or relinquish possession of the credential 10 holder's mobile device to relying parties for the acceptance 11 of an electronic credential. 12 (3) When required by law and upon request by law 13 enforcement, a credential holder must provide the credential 14 holder's physical credential. 15 (4) Any law or regulation that requires an individual to 16 surrender the individual's physical credential to law 17 enforcement does not apply to the device on which an 18 electronic credential has been provisioned. 19 (j) A person may be required to produce when so requested a 20 physical identification card to a law enforcement officer, a 21 representative of a State or federal department or agency, or 22 a private entity and is subject to all applicable laws and 23 consequences for failure to produce such an identification 24 card. 25 (k) The Secretary of State shall adopt such rules as are 26 necessary to implement a mobile identification card. SB3449 Enrolled - 16 - LRB104 20542 SPS 34019 b 1 (l) The display of a mobile identification card shall not 2 serve as consent or authorization for a law enforcement 3 officer, or any other person, to search, view, or access any 4 other data or application on the mobile device. If a person 5 presents the person's mobile device to a law enforcement 6 officer for purposes of displaying a mobile identification 7 card, the law enforcement officer shall promptly return the 8 mobile device to the person once the officer has had an 9 opportunity to verify the identity of the person. Except for 10 willful and wanton misconduct, any law enforcement officer, 11 court, or officer of the court presented with the device shall 12 be immune from any liability resulting from damage to the 13 mobile device. 14 (m) The fee to install the application to display a mobile 15 identification card as defined in this subsection shall not 16 exceed $6. 17 (n) As used in this Section: 18 "AAMVA" means the American Association of Motor Vehicle 19 Administrators. 20 "Credential" means a driver's license, learner's permit, 21 or identification card. 22 "Credential holder" means the individual to whom a mobile 23 driver's license or a mobile identification card is issued. 24 "Data element" means a distinct component of a customer's 25 information that is found on the Department's customer record. 26 "Department" means the Secretary of State Department of SB3449 Enrolled - 17 - LRB104 20542 SPS 34019 b 1 Driver Services. 2 "Electronic credential" means an electronic extension of 3 the departmental issued physical credential that conveys 4 identity and complies with AAMVA's mobile driver license 5 Implementation guidelines and the ISO/IEC 18013-5 standard. 6 "Electronic credential system" means a digital process 7 that includes a method for provisioning electronic 8 credentials, requesting and transmitting electronic credential 9 data elements, and performing tasks to maintain the system. 10 "Full profile" means all the information provided on an 11 identification card. 12 "ISO" means the International Organization for 13 Standardization, which creates uniform processes and 14 procedures. 15 "Limited profile" means a portion of the information 16 provided on an Identification Card. 17 "Mobile identification card" means a data file that is 18 available on any mobile device that has connectivity to the 19 Internet through an application that allows the mobile device 20 to download the data file from the Secretary of State, that 21 contains all the data elements visible on the face and back of 22 an identification card, and that displays the current status 23 of the identification card. "Mobile identification card" does 24 not include a copy, photograph, or image of an Illinois 25 Identification Card that is not downloaded through the 26 application on a mobile device. SB3449 Enrolled - 18 - LRB104 20542 SPS 34019 b 1 "Physical credential" means a Department-issued document 2 that conveys identity in accordance with the Illinois 3 Identification Card Act. 4 "Provision" means the initial loading of an electronic 5 credential onto a device. 6 "Relying party" means the entity to which the credential 7 holder presents the electronic credential. 8 "Verification process" means a method of authenticating 9 the electronic credential through the use of secured 10 encryption communication. 11 (o) Upon providing the required documentation, at the 12 request of the applicant, the identification card may reflect 13 Gold Star Family designation. The Secretary shall designate a 14 space on each original or renewal of an identification card 15 for such designation. This designation shall be available to a 16 person eligible for Gold Star license plates under subsection 17 (f) of Section 6-106 of the Illinois Vehicle Code. 18 (Source: P.A. 103-210, eff. 7-1-24; 103-345, eff. 1-1-24; 19 103-605, eff. 7-1-24; 103-782, eff. 8-6-24; 103-824, eff. 20 1-1-25; 103-933, eff. 1-1-25; 104-417, eff. 8-15-25; 104-443, 21 eff. 1-1-26; revised 1-7-26.) 22 (Text of Section after amendment by P.A. 104-457 ) 23 Sec. 4. Identification card. 24 (a) In accordance with the requirements of this Section, 25 the Secretary of State shall issue a standard Illinois SB3449 Enrolled - 19 - LRB104 20542 SPS 34019 b 1 Identification Card, as well as a mobile Illinois 2 Identification Card, to any natural person who is a resident 3 of the State of Illinois who applies for such a card, or 4 renewal thereof. No identification card shall be issued to any 5 person who holds a valid foreign state identification card, 6 license, or permit unless the person first surrenders to the 7 Secretary of State the valid foreign state identification 8 card, license, or permit. The card shall be prepared and 9 supplied by the Secretary of State and shall include a 10 photograph and signature or mark of the applicant. However, 11 the Secretary of State may provide by rule for the issuance of 12 Illinois Identification Cards without photographs if the 13 applicant has a bona fide religious objection to being 14 photographed or to the display of his or her photograph. The 15 Illinois Identification Card may be used for identification 16 purposes in any lawful situation only by the person to whom it 17 was issued. As used in this Act, "photograph" means any color 18 photograph or digitally produced and captured image of an 19 applicant for an identification card. As used in this Act, 20 "signature" means the name of a person as written by that 21 person and captured in a manner acceptable to the Secretary of 22 State. 23 (a-5) If an applicant for an identification card has a 24 current driver's license or instruction permit issued by the 25 Secretary of State, the Secretary may require the applicant to 26 utilize the same residence address and name on the SB3449 Enrolled - 20 - LRB104 20542 SPS 34019 b 1 identification card, driver's license, and instruction permit 2 records maintained by the Secretary. The Secretary may 3 promulgate rules to implement this provision. 4 (a-10) If the applicant is a judicial officer as defined 5 in Section 1-10 of the Judicial Privacy Act, a public official 6 as defined in Section 10 of the Public Official Safety and 7 Privacy Act, or a peace officer, the applicant may elect to 8 have his or her office or work address listed on the card 9 instead of the applicant's residence or mailing address. The 10 Secretary may promulgate rules to implement this provision. 11 For the purposes of this subsection (a-10), "peace officer" 12 means any person who by virtue of his or her office or public 13 employment is vested by law with a duty to maintain public 14 order or to make arrests for a violation of any penal statute 15 of this State, whether that duty extends to all violations or 16 is limited to specific violations. 17 (a-15) The Secretary of State may provide for an expedited 18 process for the issuance of an Illinois Identification Card. 19 The Secretary shall charge an additional fee for the expedited 20 issuance of an Illinois Identification Card, to be set by 21 rule, not to exceed $75. All fees collected by the Secretary 22 for expedited Illinois Identification Card service shall be 23 deposited into the Secretary of State Special Services Fund. 24 The Secretary may adopt rules regarding the eligibility, 25 process, and fee for an expedited Illinois Identification 26 Card. If the Secretary of State determines that the volume of SB3449 Enrolled - 21 - LRB104 20542 SPS 34019 b 1 expedited identification card requests received on a given day 2 exceeds the ability of the Secretary to process those requests 3 in an expedited manner, the Secretary may decline to provide 4 expedited services, and the additional fee for the expedited 5 service shall be refunded to the applicant. 6 (a-20) The Secretary of State shall issue a standard 7 Illinois Identification Card to a person committed to the 8 Department of Corrections, the Department of Juvenile Justice, 9 a Federal Bureau of Prisons facility located in Illinois, or a 10 county jail or county department of corrections as follows: 11 (1) A committed person who has previously held an 12 Illinois Identification Card or an Illinois driver's 13 license shall submit an Identification Card verification 14 form to the Secretary of State, including a photograph 15 taken by the correctional facility, proof of residency 16 upon discharge, and a social security number, if the 17 committed person has a social security number. If the 18 committed person does not have a social security number 19 and is eligible for a social security number, the 20 Secretary of State shall not issue a standard Illinois 21 Identification Card until the committed person obtains a 22 social security number. If the committed person's 23 photograph and demographic information matches an existing 24 Illinois Identification Card or Illinois driver's license 25 and the Secretary of State verifies the applicant's social 26 security number with the Social Security Administration, SB3449 Enrolled - 22 - LRB104 20542 SPS 34019 b 1 the Secretary of State shall issue the committed person a 2 standard Illinois Identification Card. If the photograph 3 or demographic information matches an existing Illinois 4 Identification Card or Illinois driver's license in 5 another person's name or identity, a standard Illinois 6 Identification Card shall not be issued until the 7 committed person submits a certified birth certificate and 8 social security card to the Secretary of State and the 9 Secretary of State verifies the identity of the committed 10 person. If the Secretary of State cannot find a match to an 11 existing Illinois Identification Card or Illinois driver's 12 license, the committed person may apply for a standard 13 Illinois Identification card as described in paragraph 14 (2). 15 (2) A committed person who has not previously held an 16 Illinois Identification Card or Illinois driver's license 17 or for whom a match cannot be found as described in 18 paragraph (1) shall submit an Illinois Identification Card 19 verification form, including a photograph taken by the 20 correctional facility, a certified birth certificate, 21 proof of residency upon discharge, and a social security 22 number, if the committed has a social security number. If 23 the committed person does not have a social security 24 number and is eligible for a social security number, the 25 Secretary of State shall not issue a standard Illinois 26 Identification Card until the committed person obtains a SB3449 Enrolled - 23 - LRB104 20542 SPS 34019 b 1 social security number. If the Secretary of State verifies 2 the applicant's social security number with the Social 3 Security Administration, the Secretary of State shall 4 issue the committed person a standard Illinois 5 Identification Card. 6 The Illinois Identification Card verification form 7 described in this subsection shall be prescribed by the 8 Secretary of State. The Secretary of State and correctional 9 facilities in this State shall establish a secure method to 10 transfer the form. 11 (a-25) The Secretary of State shall issue a limited-term 12 Illinois Identification Card valid for 90 days to a committed 13 person upon release on parole, mandatory supervised release, 14 aftercare release, final discharge, or pardon from the 15 Department of Corrections, the Department of Juvenile Justice, 16 a Federal Bureau of Prisons facility located in Illinois, or a 17 county jail or county department of corrections, if the 18 released person does not obtain a standard Illinois 19 Identification Card as described in subsection (a-20) prior to 20 release but does present a Secretary of State prescribed 21 Identification Card verification form completed by the 22 correctional facility, verifying the released person's date of 23 birth, social security number, if the person has a social 24 security number, and his or her Illinois residence address. 25 The verification form must have been completed no more than 30 26 days prior to the date of application for the Illinois SB3449 Enrolled - 24 - LRB104 20542 SPS 34019 b 1 Identification Card. 2 Prior to the expiration of the 90-day period of the 3 limited-term Illinois Identification Card, if the released 4 person submits to the Secretary of State a certified copy of 5 his or her birth certificate and his or her social security 6 card, if the person has a social security number, or other 7 documents authorized by the Secretary, a standard Illinois 8 Identification Card shall be issued. A limited-term Illinois 9 Identification Card may not be renewed. 10 This subsection shall not apply to a released person who 11 was unable to obtain a standard Illinois Identification Card 12 because his or her photograph or demographic information 13 matched an existing Illinois Identification Card or Illinois 14 driver's license in another person's name or identity or to a 15 released person who does not have a social security number and 16 is eligible for a social security number. 17 (a-30) The Secretary of State shall issue a standard 18 Illinois Identification Card to a person upon conditional 19 release or absolute discharge from the custody of the 20 Department of Human Services, if the person presents a 21 certified copy of his or her birth certificate, social 22 security card, if the person has a social security number, or 23 other documents authorized by the Secretary, and a document 24 proving his or her Illinois residence address. The Secretary 25 of State shall issue a standard Illinois Identification Card 26 to a person prior to his or her conditional release or absolute SB3449 Enrolled - 25 - LRB104 20542 SPS 34019 b 1 discharge if personnel from the Department of Human Services 2 bring the person to a Secretary of State location with the 3 required documents. Documents proving residence address may 4 include any official document of the Department of Human 5 Services showing the person's address after release and a 6 Secretary of State prescribed verification form, which may be 7 executed by personnel of the Department of Human Services. 8 (a-35) The Secretary of State shall issue a limited-term 9 Illinois Identification Card valid for 90 days to a person 10 upon conditional release or absolute discharge from the 11 custody of the Department of Human Services, if the person is 12 unable to present a certified copy of his or her birth 13 certificate and social security card, if the person has a 14 social security number, or other documents authorized by the 15 Secretary, but does present a Secretary of State prescribed 16 verification form completed by the Department of Human 17 Services, verifying the person's date of birth and social 18 security number, if the person has a social security number, 19 and a document proving his or her Illinois residence address. 20 The verification form must have been completed no more than 30 21 days prior to the date of application for the Illinois 22 Identification Card. The Secretary of State shall issue a 23 limited-term Illinois Identification Card to a person no 24 sooner than 14 days prior to his or her conditional release or 25 absolute discharge if personnel from the Department of Human 26 Services bring the person to a Secretary of State location SB3449 Enrolled - 26 - LRB104 20542 SPS 34019 b 1 with the required documents. Documents proving residence 2 address shall include any official document of the Department 3 of Human Services showing the person's address after release 4 and a Secretary of State prescribed verification form, which 5 may be executed by personnel of the Department of Human 6 Services. 7 (b) The Secretary of State shall issue a special Illinois 8 Identification Card, which shall be known as an Illinois 9 Person with a Disability Identification Card, to any natural 10 person who is a resident of the State of Illinois, who is a 11 person with a disability as defined in Section 4A of this Act, 12 who applies for such card, or renewal thereof. No Illinois 13 Person with a Disability Identification Card shall be issued 14 to any person who holds a valid foreign state identification 15 card, license, or permit unless the person first surrenders to 16 the Secretary of State the valid foreign state identification 17 card, license, or permit. The Secretary of State shall charge 18 no fee to issue such card. The card shall be prepared and 19 supplied by the Secretary of State, and shall include a 20 photograph and signature or mark of the applicant, a 21 designation indicating that the card is an Illinois Person 22 with a Disability Identification Card, and shall include a 23 comprehensible designation of the type and classification of 24 the applicant's disability as set out in Section 4A of this 25 Act. However, the Secretary of State may provide by rule for 26 the issuance of Illinois Person with a Disability SB3449 Enrolled - 27 - LRB104 20542 SPS 34019 b 1 Identification Cards without photographs if the applicant has 2 a bona fide religious objection to being photographed or to 3 the display of his or her photograph. If the applicant so 4 requests, the card shall include a description of the 5 applicant's disability and any information about the 6 applicant's disability or medical history which the Secretary 7 determines would be helpful to the applicant in securing 8 emergency medical care. If a mark is used in lieu of a 9 signature, such mark shall be affixed to the card in the 10 presence of 2 witnesses who attest to the authenticity of the 11 mark. The Illinois Person with a Disability Identification 12 Card may be used for identification purposes in any lawful 13 situation by the person to whom it was issued. 14 The Illinois Person with a Disability Identification Card 15 may be used as adequate documentation of disability in lieu of 16 a physician's determination of disability, a determination of 17 disability from a physician assistant, a determination of 18 disability from an advanced practice registered nurse, or any 19 other documentation of disability whenever any State law 20 requires that a person with a disability provide such 21 documentation of disability, however an Illinois Person with a 22 Disability Identification Card shall not qualify the 23 cardholder to participate in any program or to receive any 24 benefit which is not available to all persons with like 25 disabilities. Notwithstanding any other provisions of law, an 26 Illinois Person with a Disability Identification Card, or SB3449 Enrolled - 28 - LRB104 20542 SPS 34019 b 1 evidence that the Secretary of State has issued an Illinois 2 Person with a Disability Identification Card, shall not be 3 used by any person other than the person named on such card to 4 prove that the person named on such card is a person with a 5 disability or for any other purpose unless the card is used for 6 the benefit of the person named on such card, and the person 7 named on such card consents to such use at the time the card is 8 so used. 9 An optometrist's determination of a visual disability 10 under Section 4A of this Act is acceptable as documentation 11 for the purpose of issuing an Illinois Person with a 12 Disability Identification Card. 13 When medical information is contained on an Illinois 14 Person with a Disability Identification Card, the Office of 15 the Secretary of State shall not be liable for any actions 16 taken based upon that medical information. 17 The Secretary of State shall add a marker or box to the 18 Illinois Person with a Disability Identification Card that can 19 be used to record and demonstrate that the holder of the card 20 has presented documentation of certification of eligibility to 21 receive complementary paratransit services under 49 CFR Part 22 37, Subpart F by an entity that is required to provide those 23 services in the State. 24 (c) The Secretary of State shall provide that each 25 original or renewal Illinois Identification Card or Illinois 26 Person with a Disability Identification Card issued to a SB3449 Enrolled - 29 - LRB104 20542 SPS 34019 b 1 person under the age of 21 shall be of a distinct nature from 2 those Illinois Identification Cards or Illinois Person with a 3 Disability Identification Cards issued to individuals 21 years 4 of age or older. The color designated for Illinois 5 Identification Cards or Illinois Person with a Disability 6 Identification Cards for persons under the age of 21 shall be 7 at the discretion of the Secretary of State. 8 (c-1) Each original or renewal Illinois Identification 9 Card or Illinois Person with a Disability Identification Card 10 issued to a person under the age of 21 shall display the date 11 upon which the person becomes 18 years of age and the date upon 12 which the person becomes 21 years of age. 13 (c-3) The General Assembly recognizes the need to identify 14 military veterans living in this State for the purpose of 15 ensuring that they receive all of the services and benefits to 16 which they are legally entitled, including healthcare, 17 education assistance, and job placement. To assist the State 18 in identifying these veterans and delivering these vital 19 services and benefits, the Secretary of State is authorized to 20 issue Illinois Identification Cards and Illinois Person with a 21 Disability Identification Cards with the word "veteran" 22 appearing on the face of the cards. This authorization is 23 predicated on the unique status of veterans. The Secretary may 24 not issue any other identification card which identifies an 25 occupation, status, affiliation, hobby, or other unique 26 characteristics of the identification card holder which is SB3449 Enrolled - 30 - LRB104 20542 SPS 34019 b 1 unrelated to the purpose of the identification card. 2 (c-5) Beginning on or before July 1, 2015, the Secretary 3 of State shall designate a space on each original or renewal 4 identification card where, at the request of the applicant, 5 the word "veteran" shall be placed. The veteran designation 6 shall be available to a person identified as a veteran under 7 subsection (b) of Section 5 of this Act who was discharged or 8 separated under honorable conditions. 9 (d) The Secretary of State may issue a Senior Citizen 10 discount card, to any natural person who is a resident of the 11 State of Illinois who is 60 years of age or older and who 12 applies for such a card or renewal thereof. The Secretary of 13 State shall charge no fee to issue such card. The card shall be 14 issued in every county and applications shall be made 15 available at, but not limited to, nutrition sites, senior 16 citizen centers and Area Agencies on Aging. The applicant, 17 upon receipt of such card and prior to its use for any purpose, 18 shall have affixed thereon in the space provided therefor his 19 signature or mark. 20 (e) The Secretary of State, in his or her discretion, may 21 designate on each Illinois Identification Card or Illinois 22 Person with a Disability Identification Card a space where the 23 card holder may place a sticker or decal, issued by the 24 Secretary of State, of uniform size as the Secretary may 25 specify, that shall indicate in appropriate language that the 26 card holder has renewed his or her Illinois Identification SB3449 Enrolled - 31 - LRB104 20542 SPS 34019 b 1 Card or Illinois Person with a Disability Identification Card. 2 (f)(1) The Secretary of State may issue a mobile 3 identification card to an individual who holds a valid and 4 unexpired is otherwise eligible to hold a physical 5 identification card issued by the Secretary of State 6 credential in addition to, and not instead of, an 7 identification card if the Secretary of State has issued an 8 identification card to the person . The data elements of a 9 mobile identification card that are used to build an 10 electronic credential must match the individual's current 11 identification card Department record. 12 (2) The Secretary may enter into agreements or contract 13 with an agency of the State, another state, the United States, 14 or a third party to facilitate the issuance, use, and 15 verification of a mobile identification card issued by the 16 Secretary or another state. 17 (3) Any mobile identification card issued by the Secretary 18 shall be in accordance with the AAMVA's Mobile Driver's 19 License (mDL) Implementation Guidelines Version 1.5 (May 20 2025), as may be amended or updated from time to time most 21 recent AAMVA standards . 22 (4) The Secretary shall design the mobile identification 23 card in a manner that allows the mobile identification card 24 credential holder to maintain physical possession of the 25 device on which the mobile identification card is provisioned 26 accessed during verification by a relying party . SB3449 Enrolled - 32 - LRB104 20542 SPS 34019 b 1 (g) The verification process shall be implemented to 2 require: 3 (1) a the relying party parties to authenticate a 4 mobile identification card electronic credentials in 5 accordance with applicable AAMVA standards prior to 6 acceptance of the mobile identification card electronic 7 credential ; 8 (2) the Secretary to ensure that mobile identification 9 card electronic credential data is subject to all 10 jurisdictional data security and privacy protection laws 11 and regulations; and 12 (3) a the relying party parties to request only mobile 13 identification card electronic credential data elements 14 that are necessary to complete the transaction for which 15 data is being requested. 16 (h) Privacy and tracking of data shall be restricted by 17 implementing the following requirements: 18 (1) a the relying party parties shall retain only 19 mobile identification card electronic credential data 20 elements for which the relying party explicitly obtained 21 consent from the mobile identification card electronic 22 credential holder and shall inform the mobile 23 identification card electronic credential holder of the 24 use and retention period of the electronic data elements; 25 (2) the Secretary shall use a mobile identification 26 card an electronic credential system that is designed to SB3449 Enrolled - 33 - LRB104 20542 SPS 34019 b 1 maximize the privacy of the mobile identification card 2 credential holder in accordance with State and federal law 3 and shall not track or compile information without the 4 mobile identification card credential holder's consent; 5 and 6 (3) the Department shall only compile and disclose 7 information regarding the use of a mobile identification 8 card the credential as required by State or federal law. 9 (i)(1) A mobile identification card The electronic 10 credential