Illinois 2025 2025-2026 Regular Session

Illinois House Bill HB1641 Introduced / Bill

Filed 01/23/2025

                    104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB1641 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED: 15 ILCS 335/4 from Ch. 124, par. 24 Amends the Illinois Identification Card Act. Provides that the Secretary of State shall (rather than 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. Makes technical changes. LRB104 08328 SPS 18379 b   A BILL FOR 104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB1641 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED:  15 ILCS 335/4 from Ch. 124, par. 24 15 ILCS 335/4 from Ch. 124, par. 24 Amends the Illinois Identification Card Act. Provides that the Secretary of State shall (rather than 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. Makes technical changes.  LRB104 08328 SPS 18379 b     LRB104 08328 SPS 18379 b   A BILL FOR
104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB1641 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED:
15 ILCS 335/4 from Ch. 124, par. 24 15 ILCS 335/4 from Ch. 124, par. 24
15 ILCS 335/4 from Ch. 124, par. 24
Amends the Illinois Identification Card Act. Provides that the Secretary of State shall (rather than 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. Makes technical changes.
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A BILL FOR
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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 Section 4 as follows:
6  (15 ILCS 335/4) (from Ch. 124, par. 24)
7  Sec. 4. Identification card.
8  (a) In accordance with the requirements of this Section,
9  the Secretary of State shall issue a standard Illinois
10  Identification Card, as well as a mobile Illinois
11  Identification Card, to any natural person who is a resident
12  of the State of Illinois who applies for such a card, or
13  renewal thereof. No identification card shall be issued to any
14  person who holds a valid foreign state identification card,
15  license, or permit unless the person first surrenders to the
16  Secretary of State the valid foreign state identification
17  card, license, or permit. The card shall be prepared and
18  supplied by the Secretary of State and shall include a
19  photograph and signature or mark of the applicant. However,
20  the Secretary of State may provide by rule for the issuance of
21  Illinois Identification Cards without photographs if the
22  applicant has a bona fide religious objection to being
23  photographed or to the display of his or her photograph. The

 

104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB1641 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED:
15 ILCS 335/4 from Ch. 124, par. 24 15 ILCS 335/4 from Ch. 124, par. 24
15 ILCS 335/4 from Ch. 124, par. 24
Amends the Illinois Identification Card Act. Provides that the Secretary of State shall (rather than 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. Makes technical changes.
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A BILL FOR

 

 

15 ILCS 335/4 from Ch. 124, par. 24



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

 

 

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1  violations.
2  (a-15) The Secretary of State may provide for an expedited
3  process for the issuance of an Illinois Identification Card.
4  The Secretary shall charge an additional fee for the expedited
5  issuance of an Illinois Identification Card, to be set by
6  rule, not to exceed $75. All fees collected by the Secretary
7  for expedited Illinois Identification Card service shall be
8  deposited into the Secretary of State Special Services Fund.
9  The Secretary may adopt rules regarding the eligibility,
10  process, and fee for an expedited Illinois Identification
11  Card. If the Secretary of State determines that the volume of
12  expedited identification card requests received on a given day
13  exceeds the ability of the Secretary to process those requests
14  in an expedited manner, the Secretary may decline to provide
15  expedited services, and the additional fee for the expedited
16  service shall be refunded to the applicant.
17  (a-20) The Secretary of State shall issue a standard
18  Illinois Identification Card to a person committed to the
19  Department of Corrections, the Department of Juvenile Justice,
20  a Federal Bureau of Prisons facility located in Illinois, or a
21  county jail or county department of corrections as follows: if
22  the person has a social security number,
23  (1) A committed person who has previously held an
24  Illinois Identification Card or an Illinois driver's
25  license shall submit an Identification Card verification
26  form to the Secretary of State, including a photograph

 

 

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1  taken by the correctional facility, proof of residency
2  upon discharge, and a social security number, if the
3  committed person has a social security number. If the
4  committed person does not have a social security number
5  and is eligible for a social security number, the
6  Secretary of State shall not issue a standard Illinois
7  Identification Card until the committed person obtains a
8  social security number. If the committed person's
9  photograph and demographic information matches an existing
10  Illinois Identification Card or Illinois driver's license
11  and the Secretary of State verifies the applicant's social
12  security number with the Social Security Administration,
13  the Secretary of State shall issue the committed person a
14  standard Illinois Identification Card. If the photograph
15  or demographic information matches an existing Illinois
16  Identification Card or Illinois driver's license in
17  another person's name or identity, a standard Illinois
18  Identification Card shall not be issued until the
19  committed person submits a certified birth certificate and
20  social security card to the Secretary of State and the
21  Secretary of State verifies the identity of the committed
22  person. If the Secretary of State cannot find a match to an
23  existing Illinois Identification Card or Illinois driver's
24  license, the committed person may apply for a standard
25  Illinois Identification card as described in paragraph
26  (2).

 

 

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1  (2) A committed person who has not previously held an
2  Illinois Identification Card or Illinois driver's license
3  or for whom a match cannot be found as described in
4  paragraph (1) shall submit an Illinois Identification Card
5  verification form, including a photograph taken by the
6  correctional facility, a certified birth certificate,
7  proof of residency upon discharge, and a social security
8  number, if the committed has a social security number. If
9  the committed person does not have a social security
10  number and is eligible for a social security number, the
11  Secretary of State shall not issue a standard Illinois
12  Identification Card until the committed person obtains a
13  social security number. If the Secretary of State verifies
14  the applicant's social security number with the Social
15  Security Administration, the Secretary of State shall
16  issue the committed person a standard Illinois
17  Identification Card.
18  The Illinois Identification Card verification form
19  described in this subsection shall be prescribed by the
20  Secretary of State. The Secretary of State and correctional
21  facilities in this State shall establish a secure method to
22  transfer the form.
23  (a-25) The Secretary of State shall issue a limited-term
24  Illinois Identification Card valid for 90 days to a committed
25  person upon release on parole, mandatory supervised release,
26  aftercare release, final discharge, or pardon from the

 

 

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1  Department of Corrections, the Department of Juvenile Justice,
2  a Federal Bureau of Prisons facility located in Illinois, or a
3  county jail or county department of corrections, if the
4  released person does not obtain a standard Illinois
5  Identification Card as described in subsection (a-20) prior to
6  release but does present a Secretary of State prescribed
7  Identification Card verification form completed by the
8  correctional facility, verifying the released person's date of
9  birth, social security number, if the person has a social
10  security number, and his or her Illinois residence address.
11  The verification form must have been completed no more than 30
12  days prior to the date of application for the Illinois
13  Identification Card.
14  Prior to the expiration of the 90-day period of the
15  limited-term Illinois Identification Card, if the released
16  person submits to the Secretary of State a certified copy of
17  his or her birth certificate and his or her social security
18  card, if the person has a social security number, or other
19  documents authorized by the Secretary, a standard Illinois
20  Identification Card shall be issued. A limited-term Illinois
21  Identification Card may not be renewed.
22  This subsection shall not apply to a released person who
23  was unable to obtain a standard Illinois Identification Card
24  because his or her photograph or demographic information
25  matched an existing Illinois Identification Card or Illinois
26  driver's license in another person's name or identity or to a

 

 

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1  released person who does not have a social security number and
2  is eligible for a social security number.
3  (a-30) The Secretary of State shall issue a standard
4  Illinois Identification Card to a person upon conditional
5  release or absolute discharge from the custody of the
6  Department of Human Services, if the person presents a
7  certified copy of his or her birth certificate, social
8  security card, if the person has a social security number, or
9  other documents authorized by the Secretary, and a document
10  proving his or her Illinois residence address. The Secretary
11  of State shall issue a standard Illinois Identification Card
12  to a person prior to his or her conditional release or absolute
13  discharge if personnel from the Department of Human Services
14  bring the person to a Secretary of State location with the
15  required documents. Documents proving residence address may
16  include any official document of the Department of Human
17  Services showing the person's address after release and a
18  Secretary of State prescribed verification form, which may be
19  executed by personnel of the Department of Human Services.
20  (a-35) The Secretary of State shall issue a limited-term
21  Illinois Identification Card valid for 90 days to a person
22  upon conditional release or absolute discharge from the
23  custody of the Department of Human Services, if the person is
24  unable to present a certified copy of his or her birth
25  certificate and social security card, if the person has a
26  social security number, or other documents authorized by the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

  HB1641 - 17 - LRB104 08328 SPS 18379 b


HB1641- 18 -LRB104 08328 SPS 18379 b   HB1641 - 18 - LRB104 08328 SPS 18379 b
  HB1641 - 18 - LRB104 08328 SPS 18379 b

 

 

  HB1641 - 18 - LRB104 08328 SPS 18379 b