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*LRB10417180SPS30599b* SB3495 104TH GENERAL ASSEMBLY State of Illinois and 2026 SB3495 Introduced 2/5/2026, by Sen.
*LRB10417180SPS35491a* Sen.
Laura Ellman SYNOPSIS AS INTRODUCED:
Laura Ellman Filed:
ILCS 335/5 ILCS 5/2-110 from Ch.
3/12/2026 10400SB3495sam001 LRB104 17180 SPS 35491 a AMENDMENT TO SENATE BILL 3495 AMENDMENT NO.
95 1/2, par.
______.
2-110 ILCS 5/6-106 from Ch.
Amend Senate Bill 3495 by replacing everything after the enacting clause with the following:
95 1/2, par.
"Section 5.
6-106 Amends the Illinois Identification Card Act and the Illinois Vehicle Code.
The Illinois Identification Card Act is amended by changing Sections 5 and 11 as follows:
Provides that the Secretary of State shall permit applicants to choose between "male", "female", or "X" (rather than "male", "female", or "non-binary") on an application for an identification card, driver's license, or permit.
Provides that an applicant who wants to change the sex listed on an issued identification card, driver's license, or permit must submit a gender designation form.
Sets forth the requirements of the gender designation form.
LRB104 17180 SPS 30599 b A BILL FOR SB3495 LRB104 17180 SPS 30599 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 Section 5 as follows:
The applicant shall be photographed, unless the Secretary of State has provided by rule for the issuance of identification cards without photographs and the applicant is deemed eligible for an identification card without a photograph under the terms and conditions imposed by the Secretary of State.
The applicant shall be photographed, unless the Secretary of State has provided by 10400SB3495sam001 -2- LRB104 17180 SPS 35491 a rule for the issuance of identification cards without photographs and the applicant is deemed eligible for an identification card without a photograph under the terms and conditions imposed by the Secretary of State.
The applicant , and he or she shall also submit any other information as the Secretary may deem necessary or such documentation as the Secretary may require to determine the identity of the SB3495 - 2 - LRB104 17180 SPS 30599 b applicant, except as limited under subsection (a-5).
The applicant , and he or she shall also submit any other information as the Secretary may deem necessary or such documentation as the Secretary may require to determine the identity of the applicant, except as limited under subsection (a-5).
An applicant for an Illinois Person with a Disability Identification Card must also submit with each original or renewal application, on forms prescribed by the Secretary, such documentation as the Secretary may require, establishing that the applicant is a "person with a disability" as defined in Section 4A of this Act, and setting forth the applicant's type and class of disability as set forth in Section 4A of this Act.
An applicant for an Illinois Person with a Disability Identification Card must also submit with each original or renewal application, on forms prescribed by the Secretary, such documentation as the Secretary may require, establishing that the applicant is a "person with a disability" as defined in Section 4A of this Act, and setting forth the applicant's 10400SB3495sam001 -3- LRB104 17180 SPS 35491 a type and class of disability as set forth in Section 4A of this Act.
SB3495 - 3 - LRB104 17180 SPS 30599 b (a-5) The Upon the first issuance of a request for proposals for a digital driver's license and identification card issuance and facial recognition system issued after January 1, 2020 (the effective date of Public Act 101-513), and upon implementation of a new or revised system procured pursuant to that request for proposals, the Secretary shall permit applicants to choose between "male", "female", or "X" "non-binary" when designating the applicant's sex on the identification card application form or when changing the sex listed on an issued identification card.
(a-5) The Upon the first issuance of a request for proposals for a digital driver's license and identification card issuance and facial recognition system issued after January 1, 2020 (the effective date of Public Act 101-513), and upon implementation of a new or revised system procured pursuant to that request for proposals, the Secretary shall permit applicants to choose between "male", "female", or "X" "non-binary" when designating the applicant's sex on the identification card application form or when changing the sex listed on an issued identification card.
An applicant who wants to change the sex listed on an issued identification card must submit a gender designation form.
An applicant who wants to change the sex listed on an issued identification card must submit a gender designation 10400SB3495sam001 -4- LRB104 17180 SPS 35491 a form.
current driver's license SB3495 - 4 - LRB104 17180 SPS 30599 b or identification card number, if applicable;
current driver's license or identification card number, if applicable;
(b) Beginning on or before July 1, 2015, for each original or renewal identification card application under this Act, the Secretary shall inquire as to whether the applicant is a veteran for purposes of issuing an identification card with a veteran designation under subsection (c-5) of Section 4 of this Act.
(b) Beginning on or before July 1, 2015, for each original or renewal identification card application under this Act, the Secretary shall inquire as to whether the applicant is a veteran for purposes of issuing an identification card with a 10400SB3495sam001 -5- LRB104 17180 SPS 35491 a veteran designation under subsection (c-5) of Section 4 of this Act.
The acceptable forms of proof shall include, but are not limited to, Department of Defense form DD-214, Department of Defense form DD-256 for applicants who did not receive a form DD-214 upon the completion of initial basic training, Department of Defense form DD-2 (Retired), an identification card issued under the federal Veterans Identification Card Act SB3495 - 5 - LRB104 17180 SPS 30599 b of 2015, or a United States Department of Veterans Affairs summary of benefits letter.
The acceptable forms of proof shall include, but are not limited to, Department of Defense form DD-214, Department of Defense form DD-256 for applicants who did not receive a form DD-214 upon the completion of initial basic training, Department of Defense form DD-2 (Retired), an identification card issued under the federal Veterans Identification Card Act of 2015, or a United States Department of Veterans Affairs summary of benefits letter.
For purposes of this subsection (b):
10400SB3495sam001 -6- LRB104 17180 SPS 35491 a For purposes of this subsection (b):
SB3495 - 6 - LRB104 17180 SPS 30599 b (b-1) An applicant who is eligible for Gold Star license plates under Section 3-664 of the Illinois Vehicle Code may apply for an identification card with space for a designation as a Gold Star Family.
(b-1) An applicant who is eligible for Gold Star license plates under Section 3-664 of the Illinois Vehicle Code may apply for an identification card with space for a designation as a Gold Star Family.
(d) The Secretary of State may accept, as proof of date of birth and written signature for any applicant for a standard identification card who does not have a social security number or documentation issued by the United States Department of Homeland Security authorizing the applicant's presence in this country, any passport validly issued to the applicant from the applicant's country of citizenship or a consular identification document validly issued to the applicant by a consulate of that country as defined in Section 5 of the Consular Identification Document Act.
(d) The Secretary of State may accept, as proof of date of birth and written signature for any applicant for a standard identification card who does not have a social security number or documentation issued by the United States Department of 10400SB3495sam001 -7- LRB104 17180 SPS 35491 a Homeland Security authorizing the applicant's presence in this country, any passport validly issued to the applicant from the applicant's country of citizenship or a consular identification document validly issued to the applicant by a consulate of that country as defined in Section 5 of the Consular Identification Document Act.
Any such documents must be either unexpired or presented by an applicant within 2 SB3495 - 7 - LRB104 17180 SPS 30599 b years of its expiration date.
Any such documents must be either unexpired or presented by an applicant within 2 years of its expiration date.
revised 1-7-26.) Section 10.
revised 1-7-26.) (15 ILCS 335/11) (from Ch.
The Illinois Vehicle Code is amended by changing Sections 2-110 6-106 and as follows:
124, par.
31) Sec.
11.
Records.
(a) The Secretary may make a search of his records and furnish information as to whether a person has a current Standard Illinois Identification Card or an Illinois Person with a Disability Identification Card then on file, upon receipt of a written application therefor accompanied with the prescribed fee.
However, the Secretary may not disclose medical information concerning an individual to any person, public agency, private agency, corporation or governmental body unless the individual has submitted a written request for the information or unless the individual has given prior written consent for the release of the information to a specific person or entity.
This exception shall not apply to:
10400SB3495sam001 -8- LRB104 17180 SPS 35491 a (1) offices and employees of the Secretary who have a need to know the medical information in performance of their official duties, or (2) orders of a court of competent jurisdiction.
When medical information is disclosed by the Secretary in accordance with the provisions of this Section, no liability shall rest with the Office of the Secretary of State as the information is released for informational purposes only.
(b) Except as otherwise provided in this Section, the Secretary may release personally identifying information only to:
(1) officers and employees of the Secretary who have a need to know that information for issuance of driver's licenses, permits, or identification cards and investigation of fraud or misconduct;
(2) other governmental agencies for use in their official governmental functions;
(3) law enforcement agencies for a criminal or civil investigation, except as restricted by subsections (g) and (h);
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(3-5) the State Board of Elections as may be required by an agreement the State Board of Elections has entered into with a multi-state voter registration list maintenance system;
or (4) any entity that the Secretary has authorized, by rule.
(c) Except as otherwise provided in this Section, the 10400SB3495sam001 -9- LRB104 17180 SPS 35491 a Secretary may release highly restricted personal information only to:
(1) officers and employees of the Secretary who have a need to access the information for the issuance of driver's licenses, permits, or identification cards and investigation of fraud or misconduct;
(2) law enforcement officials for a criminal or civil law enforcement investigation, except as restricted by subsections (g) and (h);
(3) the State Board of Elections for the purpose of providing the signature for completion of voter registration;
or (4) any other entity the Secretary has authorized by rule.
(d) Documents required to be submitted with an application for an identification card to prove the applicant's identity (name and date of birth), social security number or lack of a social security number, written signature, residency, and, as applicable, citizenship and immigration status and country of citizenship shall be confidential and shall not be disclosed except to the following persons:
(1) the individual to whom the identification card was issued, upon written request;
(2) officers and employees of the Secretary of State who have a need to have access to the stored images for purposes of issuing and controlling driver's licenses, 10400SB3495sam001 -10- LRB104 17180 SPS 35491 a permits, or identification cards and investigation of fraud or misconduct;
(3) law enforcement officials for a civil or criminal law enforcement investigation, except as restricted by subsections (g) and (h);
(4) other entities that the Secretary may authorize by rule.
(e) The Secretary may not disclose an individual's social security number or any associated information obtained from the Social Security Administration without the written request or consent of the individual except:
(i) to officers and employees of the Secretary who have a need to know the social security number in the performance of their official duties;
(ii) except as restricted by subsections (g) and (h) to law enforcement officials for a civil or criminal law enforcement investigation if an officer of the law enforcement agency has made a written request to the Secretary specifying the law enforcement investigation for which the social security number is being sought;
(iii) under a lawful court order signed by a judge;
(iv) to the Illinois Department of Veterans Affairs for the purpose of confirming veteran status to agencies in other states responsible for the issuance of state identification cards for participation in State-to-State verification service;
or (v) the last 4 digits to the Illinois State Board of Elections for purposes of voter registration and as may be required pursuant to an agreement for a multi-state voter 10400SB3495sam001 -11- LRB104 17180 SPS 35491 a registration list maintenance system.
The Secretary retains the right to require additional verification regarding the validity of a request from law enforcement.
If social security information is disclosed by the Secretary in accordance with this Section, no liability shall rest with the Office of the Secretary of State or any of its officers or employees, as the information is released for official purposes only.
(f) The Secretary of State shall not provide facial recognition search services or photographs obtained in the process of issuing an identification card to any federal, State, or local law enforcement agency or other governmental entity for the purpose of enforcing federal immigration laws.
This subsection shall not apply to requests from federal, State, or local law enforcement agencies or other governmental entities for facial recognition search services or photographs obtained in the process of issuing a driver's license or permit when the purpose of the request relates to criminal activity other than violations of immigration laws.
(g) Notwithstanding any other provision of law, the Secretary may not release highly restricted personal information or personally identifying information or disclose documents described in subsection (d) to any immigration agent, as defined in Section 10 of the Illinois TRUST Act, unless necessary to comply with the following, to the extent that production of such information or documents is specifically required:
10400SB3495sam001 -12- LRB104 17180 SPS 35491 a (1) a lawful court order;
(2) a judicial warrant signed by a judge appointed pursuant to Article III of the Constitution of the United States;
or (3) a subpoena for individual records issued by a federal or State court.
When responding to such a court order, warrant, or subpoena, the Secretary shall disclose only those documents or information specifically requested.
Within 3 business days of receiving such a court order, warrant, or subpoena, the Secretary shall send a notification to the individual about whom such information was requested that a court order, warrant, or subpoena was received and the identity of the entity that presented the court order, warrant, or subpoena.
(h) The Secretary shall not enter into or maintain any agreement regarding the sharing of any highly restricted personal information or personally identifying information or documents described in subsection (d) unless all other parties to such agreement certify that the information obtained will not be used for civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil immigration enforcement.
(i) The Secretary may not disclose or reveal the existence of any gender designation form unless directed to do so by an order of a court of competent jurisdiction.
(Source:
P.A.
103-210, eff.
7-1-24;
104-234, eff.
8-15-25.) 10400SB3495sam001 -13- LRB104 17180 SPS 35491 a Section 10.
The Illinois Vehicle Code is amended by changing Sections 2-110, 2-123, and 6-106 as follows:
1-1-05.) (625 ILCS 5/6-106) (from Ch.
1-1-05.) (625 ILCS 5/2-123) (from Ch.
6-106) SB3495 - 8 - LRB104 17180 SPS 30599 b Sec.
2-123) Sec.
2-123.
Sale and distribution of information.
(a) Except as otherwise provided in this Section, the Secretary may make the driver's license, vehicle and title registration lists, in part or in whole, and any statistical 10400SB3495sam001 -14- LRB104 17180 SPS 35491 a information derived from these lists available to local governments, elected state officials, state educational institutions, and all other governmental units of the State and Federal Government requesting them for governmental purposes.
The Secretary shall require any such applicant for services to pay for the costs of furnishing such services and the use of the equipment involved, and in addition is empowered to establish prices and charges for the services so furnished and for the use of the electronic equipment utilized.
(b) The Secretary is further empowered to and he may, in his discretion, furnish to any applicant, other than listed in subsection (a) of this Section, vehicle or driver data on a computer tape, disk, other electronic format or computer processable medium, or printout at a fixed fee of $500, in advance, and require in addition a further sufficient deposit based upon the Secretary of State's estimate of the total cost of the information requested and a charge of $50, per 1,000 units or part thereof identified or the actual cost, whichever is greater.
The Secretary is authorized to refund any difference between the additional deposit and the actual cost of the request.
This service shall not be in lieu of an abstract of a driver's record nor of a title or registration search.
This service may be limited to entities purchasing a minimum number of records as required by administrative rule.
The information sold pursuant to this subsection shall be the 10400SB3495sam001 -15- LRB104 17180 SPS 35491 a entire vehicle or driver data list, or part thereof.
The information sold pursuant to this subsection shall not contain personally identifying information unless the information is to be used for one of the purposes identified in subsection (f-5) of this Section.
Commercial purchasers of driver and vehicle record databases shall enter into a written agreement with the Secretary of State that includes disclosure of the commercial use of the information to be purchased.
(b-1) The Secretary is further empowered to and may, in his or her discretion, furnish vehicle or driver data on a computer tape, disk, or other electronic format or computer processible medium, at no fee, to any State or local governmental agency that uses the information provided by the Secretary to transmit data back to the Secretary that enables the Secretary to maintain accurate driving records, including dispositions of traffic cases.
This information may be provided without fee not more often than once every 6 months.
(c) Secretary of State may issue registration lists.
The Secretary of State may compile a list of all registered vehicles.
Each list of registered vehicles shall be arranged serially according to the registration numbers assigned to registered vehicles and may contain in addition the names and addresses of registered owners and a brief description of each vehicle including the serial or other identifying number thereof.
Such compilation may be in such form as in the discretion of the Secretary of State may seem best for the 10400SB3495sam001 -16- LRB104 17180 SPS 35491 a purposes intended.
(d) The Secretary of State shall furnish no more than 2 current available lists of such registrations to the sheriffs of all counties and to the chiefs of police of all cities and villages and towns of 2,000 population and over in this State at no cost.
Additional copies may be purchased by the sheriffs or chiefs of police at the fee of $500 each or at the cost of producing the list as determined by the Secretary of State.
Such lists are to be used for governmental purposes only.
(e) (Blank).
(e-1) (Blank).
(f) The Secretary of State shall make a title or registration search of the records of his office and a written report on the same for any person, upon written application of such person, accompanied by a fee of $5 for each registration or title search.
The written application shall set forth the intended use of the requested information.
No fee shall be charged for a title or registration search, or for the certification thereof requested by a government agency.
The report of the title or registration search shall not contain personally identifying information unless the request for a search was made for one of the purposes identified in subsection (f-5) of this Section.
The report of the title or registration search shall not contain highly restricted personal information unless specifically authorized by this Code.
10400SB3495sam001 -17- LRB104 17180 SPS 35491 a The Secretary of State shall certify a title or registration record upon written request.
The fee for certification shall be $5 in addition to the fee required for a title or registration search.
Certification shall be made under the signature of the Secretary of State and shall be authenticated by Seal of the Secretary of State.
The Secretary of State may notify the vehicle owner or registrant of the request for purchase of his title or registration information as the Secretary deems appropriate.
No information shall be released to the requester until expiration of a 10-day period.
This 10-day period shall not apply to requests for information made by law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, persons licensed as a private detective or firms licensed as a private detective agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, who are employed by or are acting on behalf of law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, and other business entities for purposes consistent with the Illinois Vehicle Code, the vehicle owner or registrant or other entities as the Secretary may exempt by rule and regulation.
Any misrepresentation made by a requester of title or vehicle information shall be punishable as a petty offense, 10400SB3495sam001 -18- LRB104 17180 SPS 35491 a except in the case of persons licensed as a private detective or firms licensed as a private detective agency which shall be subject to disciplinary sanctions under Section 40-10 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
(f-5) The Secretary of State shall not disclose or otherwise make available to any person or entity any personally identifying information obtained by the Secretary of State in connection with a driver's license, vehicle, or title registration record unless the information is disclosed for one of the following purposes:
(1) For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, State, or local agency in carrying out its functions.
(2) For use in connection with matters of motor vehicle or driver safety and theft;
motor vehicle emissions;
motor vehicle product alterations, recalls, or advisories;
performance monitoring of motor vehicles, motor vehicle parts, and dealers;
and removal of non-owner records from the original owner records of motor vehicle manufacturers.
(3) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only:
10400SB3495sam001 -19- LRB104 17180 SPS 35491 a (A) to verify the accuracy of personal information submitted by an individual to the business or its agents, employees, or contractors;
and (B) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
(4) For use in research activities and for use in producing statistical reports, if the personally identifying information is not published, redisclosed, or used to contact individuals.
(5) For use in connection with any civil, criminal, administrative, or arbitral proceeding in any federal, State, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, State, or local court.
(6) For use by any insurer or insurance support organization or by a self-insured entity or its agents, employees, or contractors in connection with claims investigation activities, antifraud activities, rating, or underwriting.
(7) For use in providing notice to the owners of towed 10400SB3495sam001 -20- LRB104 17180 SPS 35491 a or impounded vehicles.
(8) For use by any person licensed as a private detective or firm licensed as a private detective agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, private investigative agency or security service licensed in Illinois for any purpose permitted under this subsection.
(9) For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under chapter 313 of title 49 of the United States Code.
(10) For use in connection with the operation of private toll transportation facilities.
(11) For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains.
(12) For use by members of the news media, as defined in Section 1-148.5, for the purpose of newsgathering when the request relates to the operation of a motor vehicle or public safety.
(13) For any other use specifically authorized by law, if that use is related to the operation of a motor vehicle or public safety.
(f-6) The Secretary of State shall not disclose or otherwise make available to any person or entity any highly 10400SB3495sam001 -21- LRB104 17180 SPS 35491 a restricted personal information obtained by the Secretary of State in connection with a driver's license, vehicle, or title registration record unless specifically authorized by this Code.
(g) 1.
The Secretary of State may, upon receipt of a written request and a fee as set forth in Section 6-118, furnish to the person or agency so requesting a driver's record or data contained therein.
Such document may include a record of:
current driver's license issuance information, except that the information on judicial driving permits shall be available only as otherwise provided by this Code;
convictions;
orders entered revoking, suspending or cancelling a driver's license or privilege;
and notations of crash involvement.
All other information, unless otherwise permitted by this Code, shall remain confidential.
Information released pursuant to a request for a driver's record shall not contain personally identifying information, unless the request for the driver's record was made for one of the purposes set forth in subsection (f-5) of this Section.
The Secretary of State may, without fee, allow a parent or guardian of a person under the age of 18 years, who holds an instruction permit or graduated driver's license, to view that person's driving record online, through a computer connection.
The parent or guardian's online access to the driving record will terminate when the instruction permit or graduated driver's license holder reaches the age of 18.
10400SB3495sam001 -22- LRB104 17180 SPS 35491 a 2.
The Secretary of State shall not disclose or otherwise make available to any person or entity any highly restricted personal information obtained by the Secretary of State in connection with a driver's license, vehicle, or title registration record unless specifically authorized by this Code.
The Secretary of State may certify an abstract of a driver's record upon written request therefor.
Such certification shall be made under the signature of the Secretary of State and shall be authenticated by the Seal of his office.
3.
All requests for driving record information shall be made in a manner prescribed by the Secretary and shall set forth the intended use of the requested information.
The Secretary of State may notify the affected driver of the request for purchase of his driver's record as the Secretary deems appropriate.
No information shall be released to the requester until expiration of a 10-day period.
This 10-day period shall not apply to requests for information made by law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, persons licensed as a private detective or firms licensed as a private detective agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, who are employed by or are acting on behalf of law enforcement officials, government 10400SB3495sam001 -23- LRB104 17180 SPS 35491 a agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, and other business entities for purposes consistent with the Illinois Vehicle Code, the affected driver or other entities as the Secretary may exempt by rule and regulation.
Any misrepresentation made by a requester of driver information shall be punishable as a petty offense, except in the case of persons licensed as a private detective or firms licensed as a private detective agency which shall be subject to disciplinary sanctions under Section 40-10 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
4.
The Secretary of State may furnish without fee, upon the written request of a law enforcement agency, any information from a driver's record on file with the Secretary of State when such information is required in the enforcement of this Code or any other law relating to the operation of motor vehicles, including records of dispositions;
documented information involving the use of a motor vehicle;
whether such individual has, or previously had, a driver's license;
and the address and personal description as reflected on said driver's record.
5.
Except as otherwise provided in this Section, the Secretary of State may furnish, without fee, information from an individual driver's record on file, if a written request therefor is submitted by any public transit system or 10400SB3495sam001 -24- LRB104 17180 SPS 35491 a authority, public defender, law enforcement agency, a state or federal agency, or an Illinois local intergovernmental association, if the request is for the purpose of a background check of applicants for employment with the requesting agency, or for the purpose of an official investigation conducted by the agency, or to determine a current address for the driver so public funds can be recovered or paid to the driver, or for any other purpose set forth in subsection (f-5) of this Section.
The Secretary may also furnish the courts a copy of an abstract of a driver's record, without fee, subsequent to an arrest for a violation of Section 11-501 or a similar provision of a local ordinance.
Such abstract may include records of dispositions;
documented information involving the use of a motor vehicle as contained in the current file;
whether such individual has, or previously had, a driver's license;
and the address and personal description as reflected on said driver's record.
6.
Any certified abstract issued by the Secretary of State or transmitted electronically by the Secretary of State pursuant to this Section, to a court or on request of a law enforcement agency, for the record of a named person as to the status of the person's driver's license shall be prima facie evidence of the facts therein stated and if the name appearing in such abstract is the same as that of a person named in an information or warrant, such abstract shall be prima facie evidence that the person named in such information or warrant 10400SB3495sam001 -25- LRB104 17180 SPS 35491 a is the same person as the person named in such abstract and shall be admissible for any prosecution under this Code and be admitted as proof of any prior conviction or proof of records, notices, or orders recorded on individual driving records maintained by the Secretary of State.
7.
Subject to any restrictions contained in the Juvenile Court Act of 1987, and upon receipt of a proper request and a fee as set forth in Section 6-118, the Secretary of State shall provide a driver's record or data contained therein to the affected driver, or the affected driver's attorney, upon verification.
Such record shall contain all the information referred to in paragraph 1 of this subsection (g) plus:
any recorded crash involvement as a driver;
information recorded pursuant to subsection (e) of Section 6-117 and paragraph (4) of subsection (a) of Section 6-204 of this Code.
All other information, unless otherwise permitted by this Code, shall remain confidential.
(h) The Secretary shall not disclose social security numbers or any associated information obtained from the Social Security Administration except pursuant to a written request by, or with the prior written consent of, the individual except:
(1) to officers and employees of the Secretary who have a need to know the social security numbers in performance of their official duties, (2) to law enforcement officials for a civil or criminal law enforcement investigation, and if an officer of the law enforcement agency has made a written 10400SB3495sam001 -26- LRB104 17180 SPS 35491 a request to the Secretary specifying the law enforcement investigation for which the social security numbers are being sought, though the Secretary retains the right to require additional verification regarding the validity of the request, (3) to the United States Department of Transportation, or any other State, pursuant to the administration and enforcement of the Commercial Motor Vehicle Safety Act of 1986 or participation in State-to-State verification service, (4) pursuant to the order of a court of competent jurisdiction, (5) to the Department of Healthcare and Family Services (formerly Department of Public Aid) for utilization in the child support enforcement duties assigned to that Department under provisions of the Illinois Public Aid Code after the individual has received advanced meaningful notification of what redisclosure is sought by the Secretary in accordance with the federal Privacy Act, (5.5) to the Department of Healthcare and Family Services and the Department of Human Services solely for the purpose of verifying Illinois residency where such residency is an eligibility requirement for benefits under the Illinois Public Aid Code or any other health benefit program administered by the Department of Healthcare and Family Services or the Department of Human Services, (6) to the Illinois Department of Revenue solely for use by the Department in the collection of any tax or debt that the Department of Revenue is authorized or required by law to collect, provided that the Department shall not disclose the 10400SB3495sam001 -27- LRB104 17180 SPS 35491 a social security number to any person or entity outside of the Department, (7) to the Illinois Department of Veterans Affairs for the purpose of confirming veteran status, or (8) the last 4 digits to the Illinois State Board of Elections for purposes of voter registration and as may be required pursuant to an agreement for a multi-state voter registration list maintenance system.
If social security information is disclosed by the Secretary in accordance with this Section, no liability shall rest with the Office of the Secretary of State or any of its officers or employees, as the information is released for official purposes only.
(i) (Blank).
(j) Medical statements, or medical reports, and gender designation forms received in the Secretary of State's Office shall be confidential.
Except as provided in this Section, no confidential information may be open to public inspection or the contents disclosed to anyone, except officers and employees of the Secretary who have a need to know the information contained in the medical reports and the Driver License Medical Advisory Board, unless so directed by an order of a court of competent jurisdiction.
The Secretary may not disclose or reveal the existence of any gender designation form unless directed to do so by an order of a court of competent jurisdiction.
If the Secretary receives a medical report regarding a driver that does not address a medical condition contained in a previous medical report, the 10400SB3495sam001 -28- LRB104 17180 SPS 35491 a Secretary may disclose the unaddressed medical condition to the driver or his or her physician, or both, solely for the purpose of submission of a medical report that addresses the condition.
(k) Beginning July 1, 2023, disbursement of fees collected under this Section shall be as follows:
(1) of the $20 fee for a driver's record, $11 shall be paid into the Secretary of State Special Services Fund, and $6 shall be paid into the General Revenue Fund;
(2) 50% of the amounts collected under subsection (b) shall be paid into the General Revenue Fund;
and (3) all remaining fees shall be disbursed under subsection (g) of Section 2-119 of this Code.
(l) (Blank).
(m) Notations of crash involvement that may be disclosed under this Section shall not include notations relating to damage to a vehicle or other property being transported by a tow truck.
This information shall remain confidential, provided that nothing in this subsection (m) shall limit disclosure of any notification of crash involvement to any law enforcement agency or official.
(n) Requests made by the news media for driver's license, vehicle, or title registration information may be furnished without charge or at a reduced charge, as determined by the Secretary, when the specific purpose for requesting the documents is deemed to be in the public interest.
Waiver or reduction of the fee is in the public interest if the principal 10400SB3495sam001 -29- LRB104 17180 SPS 35491 a purpose of the request is to access and disseminate information regarding the health, safety, and welfare or the legal rights of the general public and is not for the principal purpose of gaining a personal or commercial benefit.
The information provided pursuant to this subsection shall not contain personally identifying information unless the information is to be used for one of the purposes identified in subsection (f-5) of this Section.
(o) The redisclosure of personally identifying information obtained pursuant to this Section is prohibited, except to the extent necessary to effectuate the purpose for which the original disclosure of the information was permitted.
(p) The Secretary of State is empowered to adopt rules to effectuate this Section.
(Source:
P.A.
103-8, eff.
7-1-23;
104-234, eff.
8-15-25.) (625 ILCS 5/6-106) (from Ch.
95 1/2, par.
6-106) Sec.
(b) Every application shall state the legal name, zip code, date of birth, sex, and residence address of the applicant;
(b) Every application shall state the legal name, zip 10400SB3495sam001 -30- LRB104 17180 SPS 35491 a code, date of birth, sex, and residence address of the applicant;
The application form may also require the statement of such additional relevant information as the Secretary of State shall deem necessary to determine the applicant's SB3495 - 9 - LRB104 17180 SPS 30599 b competency and eligibility.
The application form may also require the statement of such additional relevant information as the Secretary of State shall deem necessary to determine the applicant's competency and eligibility.
The Secretary of State may utilize a photograph process or system most suitable to deter alteration or improper reproduction of a driver's drivers license and to prevent substitution of another photo thereon.
The Secretary of State may utilize a photograph process or system most suitable to deter alteration or improper reproduction of a driver's drivers license and to prevent substitution of 10400SB3495sam001 -31- LRB104 17180 SPS 35491 a another photo thereon.
(1) if the applicant has documentation, issued by the United States Department of Homeland Security, authorizing the applicant's presence in this country, the applicant shall provide such documentation instead of a social SB3495 - 10 - LRB104 17180 SPS 30599 b security number;
(1) if the applicant has documentation, issued by the United States Department of Homeland Security, authorizing the applicant's presence in this country, the applicant shall provide such documentation instead of a social security number;
(B) a passport validly issued to the applicant from the applicant's country of citizenship or a consular identification document validly issued to the applicant by a consulate of that country as defined in Section 5 of the Consular Identification Document Act, as long as such documents are either unexpired or presented by an applicant within 2 years of its expiration date;
(B) a passport validly issued to the applicant from the applicant's country of citizenship or a 10400SB3495sam001 -32- LRB104 17180 SPS 35491 a consular identification document validly issued to the applicant by a consulate of that country as defined in Section 5 of the Consular Identification Document Act, as long as such documents are either unexpired or presented by an applicant within 2 years of its expiration date;
(b-3) The Upon the first issuance of a request for proposals for a digital driver's license and identification card issuance and facial recognition system issued after January 1, 2020 (the effective date of Public Act 101-513), and upon implementation of a new or revised system procured pursuant to that request for proposals, the Secretary shall permit applicants to choose between "male", "female" or "X" "non-binary" when designating the applicant's sex on the driver's license or permit application form or when changing SB3495 - 11 - LRB104 17180 SPS 30599 b the sex listed on an issued driver's license or permit.
(b-3) The Upon the first issuance of a request for proposals for a digital driver's license and identification card issuance and facial recognition system issued after January 1, 2020 (the effective date of Public Act 101-513), and upon implementation of a new or revised system procured pursuant to that request for proposals, the Secretary shall permit applicants to choose between "male", "female" or "X" "non-binary" when designating the applicant's sex on the driver's license or permit application form or when changing the sex listed on an issued driver's license or permit.
An applicant who wants to change the sex listed on an issued driver's license or permit must submit a gender designation form.
An applicant who wants to change the sex listed on an 10400SB3495sam001 -33- LRB104 17180 SPS 35491 a issued driver's license or permit must submit a gender designation form.
The attestation shall state that the applicant swears, under the penalty of perjury, that the request for the selected gender designation is to ensure that the applicant's driver's license or permit accurately reflects the applicant's gender identity and is not for a fraudulent or unlawful SB3495 - 12 - LRB104 17180 SPS 30599 b purpose.
The attestation shall state that the applicant swears, under the penalty of perjury, that the request for the selected gender designation is to ensure that the applicant's driver's license or permit accurately reflects the applicant's gender identity and is not for a fraudulent or unlawful purpose.
(b-5) Every applicant for a REAL ID compliant driver's license or permit shall provide proof of lawful status in the United States as defined in 6 CFR 37.3, as amended.
(b-5) Every applicant for a REAL ID compliant driver's license or permit shall provide proof of lawful status in the 10400SB3495sam001 -34- LRB104 17180 SPS 35491 a United States as defined in 6 CFR 37.3, as amended.
The SB3495 - 13 - LRB104 17180 SPS 30599 b applicant's signature on the application serves as an indication that the applicant either has already registered with the Selective Service System or that he is authorizing the Secretary to forward to the Selective Service System the necessary information for registration.
The applicant's signature on the application serves as an indication that the applicant either has already registered with the Selective Service System or that he is authorizing the Secretary to forward to the Selective Service System the necessary information for registration.
(e) Beginning on or before July 1, 2015, for each original or renewal driver's license application under this Code, the Secretary shall inquire as to whether the applicant is a veteran for purposes of issuing a driver's license with a veteran designation under subsection (e-5) of Section 6-110 of this Code.
(e) Beginning on or before July 1, 2015, for each original 10400SB3495sam001 -35- LRB104 17180 SPS 35491 a or renewal driver's license application under this Code, the Secretary shall inquire as to whether the applicant is a veteran for purposes of issuing a driver's license with a veteran designation under subsection (e-5) of Section 6-110 of this Code.
The Illinois Department of Veterans Affairs shall advise the Secretary as to what other forms of proof of a person's status as a veteran are SB3495 - 14 - LRB104 17180 SPS 30599 b acceptable.
The Illinois Department of Veterans Affairs shall advise the Secretary as to what other forms of proof of a person's status as a veteran are acceptable.
If after due diligence, including writing to the applicant at the address provided by the Secretary, the Department is unable to verify the applicant's veteran status, the Department shall inform the Secretary, who shall notify the applicant that he or she must confirm status as a veteran, or the driver's license will be canceled.
If after due diligence, including writing to the applicant at the address provided by the 10400SB3495sam001 -36- LRB104 17180 SPS 35491 a Secretary, the Department is unable to verify the applicant's veteran status, the Department shall inform the Secretary, who shall notify the applicant that he or she must confirm status as a veteran, or the driver's license will be canceled.
If the Secretary does not waive the fee, any fee charged to the applicant must be deposited into SB3495 - 15 - LRB104 17180 SPS 30599 b the Illinois Veterans Assistance Fund.
If the Secretary does not waive the fee, any fee charged to the applicant must be deposited into the Illinois Veterans Assistance Fund.
1-1-26.)
1-1-26.)".