Text of IL HB 5095 (2026)

ID CARD-GENDER DESIGNATION

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As introduced

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB5095 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED: 15 ILCS 335/5 625 ILCS 5/2-110 from Ch. 95 1/2, par. 2-110 625 ILCS 5/6-106 from Ch. 95 1/2, par. 6-106 Amends the Illinois Identification Card Act and the Illinois Vehicle Code. 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 17181 SPS 30600 b A BILL FOR HB5095LRB104 17181 SPS 30600 b 1 AN ACT concerning State government. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 5. The Illinois Identification Card Act is amended 5by changing Section 5 as follows: 6 (15 ILCS 335/5) 7 Sec. 5. Applications. 8 (a) Any natural person who is a resident of the State of 9Illinois may file an application for an identification card, 10or for the renewal thereof, in a manner prescribed by the 11Secretary. Each original application shall be completed by the 12applicant in full and shall set forth the legal name, 13residence address and zip code, social security number, if the 14person has a social security number, birth date, sex and a 15brief description of the applicant. The applicant shall be 16photographed, unless the Secretary of State has provided by 17rule for the issuance of identification cards without 18photographs and the applicant is deemed eligible for an 19identification card without a photograph under the terms and 20conditions imposed by the Secretary of State. The applicant , 21and he or she shall also submit any other information as the 22Secretary may deem necessary or such documentation as the 23Secretary may require to determine the identity of the HB5095- 2 -LRB104 17181 SPS 30600 b 1applicant, except as limited under subsection (a-5). In 2addition to the residence address, the Secretary may allow the 3applicant to provide a mailing address. If the applicant is an 4employee of the Department of Children and Family Services 5with a job title of "Child Protection Specialist Trainee", 6"Child Protection Specialist", "Child Protection Advanced 7Specialist", "Child Welfare Specialist Trainee", "Child 8Welfare Specialist", or "Child Welfare Advanced Specialist" or 9a judicial officer as defined in Section 1-10 of the Judicial 10Privacy Act, or a public official as defined in Section 10 of 11the Public Official Safety and Privacy Act, or a peace 12officer, the applicant may elect to have his or her office or 13work address in lieu of the applicant's residence or mailing 14address. An applicant for an Illinois Person with a Disability 15Identification Card must also submit with each original or 16renewal application, on forms prescribed by the Secretary, 17such documentation as the Secretary may require, establishing 18that the applicant is a "person with a disability" as defined 19in Section 4A of this Act, and setting forth the applicant's 20type and class of disability as set forth in Section 4A of this 21Act. For the purposes of this subsection (a), "peace officer" 22means any person who by virtue of his or her office or public 23employment is vested by law with a duty to maintain public 24order or to make arrests for a violation of any penal statute 25of this State, whether that duty extends to all violations or 26is limited to specific violations. HB5095- 3 -LRB104 17181 SPS 30600 b 1 (a-5) The Upon the first issuance of a request for 2proposals for a digital driver's license and identification 3card issuance and facial recognition system issued after 4January 1, 2020 (the effective date of Public Act 101-513), 5and upon implementation of a new or revised system procured 6pursuant to that request for proposals, the Secretary shall 7permit applicants to choose between "male", "female", or "X" 8"non-binary" when designating the applicant's sex on the 9identification card application form or when changing the sex 10listed on an issued identification card. The sex designated by 11the applicant shall be displayed on the identification card 12issued to the applicant. 13 For an initial identification card, an applicant shall 14designate a sex on the application form. If the applicant's 15documents used to establish identity include a sex different 16than the sex the applicant has designated, then the applicant 17must submit a gender designation form. 18 An applicant who wants to change the sex listed on an 19issued identification card must submit a gender designation 20form. 21 The gender designation form shall only request the 22applicant's information, gender designation statement, 23attestation, and signature or mark. The applicant's 24information required on the form shall be limited to name as 25reflected on the applicant's current driver's license or 26identification card, if applicable; current driver's license HB5095- 4 -LRB104 17181 SPS 30600 b 1or identification card number, if applicable; and residential 2address of the applicant. The gender designation statement 3shall allow the applicant to designate a sex on the 4applicant's identification card as "male", "female", or "X". 5The attestation shall state that the applicant swears, under 6the penalty of perjury, that the request for the selected 7gender designation is to ensure that the applicant's 8identification card accurately reflects the applicant's gender 9identity and is not for a fraudulent or unlawful purpose. 10 The Secretary of State shall not require any additional 11question, documentation, support, certification, or 12verification to change a gender marker. 13 The Secretary of State shall not require any documentation 14other than the gender designation form to confirm the sex or 15gender identity of the applicant. 16 (b) Beginning on or before July 1, 2015, for each original 17or renewal identification card application under this Act, the 18Secretary shall inquire as to whether the applicant is a 19veteran for purposes of issuing an identification card with a 20veteran designation under subsection (c-5) of Section 4 of 21this Act. The acceptable forms of proof shall include, but are 22not limited to, Department of Defense form DD-214, Department 23of Defense form DD-256 for applicants who did not receive a 24form DD-214 upon the completion of initial basic training, 25Department of Defense form DD-2 (Retired), an identification 26card issued under the federal Veterans Identification Card Act HB5095- 5 -LRB104 17181 SPS 30600 b 1of 2015, or a United States Department of Veterans Affairs 2summary of benefits letter. If the document cannot be stamped, 3the Illinois Department of Veterans Affairs shall provide a 4certificate to the veteran to provide to the Secretary of 5State. The Illinois Department of Veterans Affairs shall 6advise the Secretary as to what other forms of proof of a 7person's status as a veteran are acceptable. 8 For each applicant who is issued an identification card 9with a veteran designation, the Secretary shall provide the 10Department of Veterans Affairs with the applicant's name, 11address, date of birth, gender, and such other demographic 12information as agreed to by the Secretary and the Department. 13The Department may take steps necessary to confirm the 14applicant is a veteran. If after due diligence, including 15writing to the applicant at the address provided by the 16Secretary, the Department is unable to verify the applicant's 17veteran status, the Department shall inform the Secretary, who 18shall notify the applicant that he or she must confirm status 19as a veteran, or the identification card will be canceled. 20 For purposes of this subsection (b): 21 "Armed forces" means any of the Armed Forces of the United 22States, including a member of any reserve component or 23National Guard unit. 24 "Veteran" means a person who has served in the armed 25forces and was discharged or separated under honorable 26conditions. HB5095- 6 -LRB104 17181 SPS 30600 b 1 (b-1) An applicant who is eligible for Gold Star license 2plates under Section 3-664 of the Illinois Vehicle Code may 3apply for an identification card with space for a designation 4as a Gold Star Family. The Secretary may waive any fee for this 5application. If the Secretary does not waive the fee, any fee 6charged to the applicant must be deposited into the Illinois 7Veterans Assistance Fund. The Secretary is authorized to issue 8rules to implement this subsection. 9 (c) All applicants for REAL ID compliant standard Illinois 10Identification Cards and Illinois Person with a Disability 11Identification Cards shall provide proof of lawful status in 12the United States as defined in 6 CFR 37.3, as amended. 13Applicants who are unable to provide the Secretary with proof 14of lawful status are ineligible for REAL ID compliant 15identification cards under this Act. 16 (d) The Secretary of State may accept, as proof of date of 17birth and written signature for any applicant for a standard 18identification card who does not have a social security number 19or documentation issued by the United States Department of 20Homeland Security authorizing the applicant's presence in this 21country, any passport validly issued to the applicant from the 22applicant's country of citizenship or a consular 23identification document validly issued to the applicant by a 24consulate of that country as defined in Section 5 of the 25Consular Identification Document Act. Any such documents must 26be either unexpired or presented by an applicant within 2 HB5095- 7 -LRB104 17181 SPS 30600 b 1years of its expiration date. 2(Source: P.A. 103-210, eff. 7-1-24; 103-888, eff. 8-9-24; 3103-933, eff. 1-1-25; 104-234, eff. 8-15-25; 104-417, eff. 48-15-25; 104-443, eff. 1-1-26; revised 1-7-26.) 5 Section 10. The Illinois Vehicle Code is amended by 6changing Sections 2-110 6-106 and as follows: 7 (625 ILCS 5/2-110) (from Ch. 95 1/2, par. 2-110) 8 Sec. 2-110. Authority to grant or refuse applications. 9 The Secretary of State shall examine and determine the 10genuineness, regularity and legality of every application for 11registration of a vehicle, for a certificate of title 12therefor, and for a driver's license and of any other 13application lawfully made to the Secretary of State, and may 14in all cases, except as limited under subsection (b-3) of 15Section 6-106, make investigation and verify the information 16and the authenticity of the documents submitted as may be 17deemed necessary or require additional information, and shall 18reject any such application if not satisfied of the 19genuineness, regularity or legality thereof or the truth of 20any statement contained therein, or for any other reason, when 21authorized by law. 22(Source: P.A. 93-895, eff. 1-1-05.) 23 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106) HB5095- 8 -LRB104 17181 SPS 30600 b 1 Sec. 6-106. Application for license or instruction permit. 2 (a) Every application for any permit or license authorized 3to be issued under this Code shall be made upon a form 4furnished by the Secretary of State. Every application shall 5be accompanied by the proper fee and payment of such fee shall 6entitle the applicant to not more than 3 attempts to pass the 7examination within a period of one year after the date of 8application. 9 (b) Every application shall state the legal name, zip 10code, date of birth, sex, and residence address of the 11applicant; briefly describe the applicant; state whether the 12applicant has theretofore been licensed as a driver, and, if 13so, when and by what state or country, and whether any such 14license has ever been canceled, suspended, revoked or refused, 15and, if so, the date and reason for such cancellation, 16suspension, revocation or refusal; shall include an 17affirmation by the applicant that all information set forth is 18true and correct; and shall bear the applicant's signature. In 19addition to the residence address, the Secretary may allow the 20applicant to provide a mailing address. In the case of an 21applicant who is a judicial officer, public official, or peace 22officer, the Secretary may allow the applicant to provide an 23office or work address in lieu of a residence or mailing 24address. The application form may also require the statement 25of such additional relevant information as the Secretary of 26State shall deem necessary to determine the applicant's HB5095- 9 -LRB104 17181 SPS 30600 b 1competency and eligibility. The Secretary of State may, in his 2discretion, by rule or regulation, provide that an application 3for a driver's drivers license or permit may include a 4suitable photograph of the applicant in the form prescribed by 5the Secretary, and he may further provide that each driver's 6drivers license shall include a photograph of the driver. The 7Secretary of State may utilize a photograph process or system 8most suitable to deter alteration or improper reproduction of 9a driver's drivers license and to prevent substitution of 10another photo thereon. For the purposes of this subsection 11(b): 12 "Peace officer" means any person who by virtue of his or 13her office or public employment is vested by law with a duty to 14maintain public order or to make arrests for a violation of any 15penal statute of this State, whether that duty extends to all 16violations or is limited to specific violations. 17 "Public official" has the meaning given in Section 10 of 18the Public Official Safety and Privacy Act. 19 (b-1) Every application shall state the social security 20number of the applicant; except if the applicant is applying 21for a standard driver's license and, on the date of 22application, is ineligible for a social security number, then: 23 (1) if the applicant has documentation, issued by the 24 United States Department of Homeland Security, authorizing 25 the applicant's presence in this country, the applicant 26 shall provide such documentation instead of a social HB5095- 10 -LRB104 17181 SPS 30600 b 1 security number; and 2 (2) if the applicant does not have documentation 3 described in paragraph (1), the applicant shall provide, 4 instead of a social security number, the following: 5 (A) documentation establishing that the applicant 6 has resided in this State for a period in excess of one 7 year; 8 (B) a passport validly issued to the applicant 9 from the applicant's country of citizenship or a 10 consular identification document validly issued to the 11 applicant by a consulate of that country as defined in 12 Section 5 of the Consular Identification Document Act, 13 as long as such documents are either unexpired or 14 presented by an applicant within 2 years of its 15 expiration date; and 16 (C) a social security card, if the applicant has a 17 social security number. 18 (b-3) The Upon the first issuance of a request for 19proposals for a digital driver's license and identification 20card issuance and facial recognition system issued after 21January 1, 2020 (the effective date of Public Act 101-513), 22and upon implementation of a new or revised system procured 23pursuant to that request for proposals, the Secretary shall 24permit applicants to choose between "male", "female" or "X" 25"non-binary" when designating the applicant's sex on the 26driver's license or permit application form or when changing HB5095- 11 -LRB104 17181 SPS 30600 b 1the sex listed on an issued driver's license or permit. The sex 2designated by the applicant shall be displayed on the driver's 3license or permit issued to the applicant. 4 For an initial driver's license or permit, an applicant 5shall designate a sex on the application form. If the 6applicant's documents used to establish identity include a sex 7different than the sex the applicant has designated, then the 8applicant must submit a gender designation form. 9 An applicant who wants to change the sex listed on an 10issued driver's license or permit must submit a gender 11designation form. 12 The gender designation form shall only request the 13applicant's information, gender designation statement, 14attestation, and signature or mark. The applicant's 15information required on the form shall be limited to name as 16reflected on the applicant's current driver's license or 17identification card, if applicable; current driver's license 18or identification card number, if applicable; and residential 19address of the applicant. The gender designation statement 20shall allow the applicant to designate a sex on the 21applicant's driver's license or permit as "male", "female", or 22"X". The attestation shall state that the applicant swears, 23under the penalty of perjury, that the request for the 24selected gender designation is to ensure that the applicant's 25driver's license or permit accurately reflects the applicant's 26gender identity and is not for a fraudulent or unlawful HB5095- 12 -LRB104 17181 SPS 30600 b 1purpose. 2 The Secretary of State shall not require any additional 3question, documentation, support, certification, or 4verification to change a gender marker. 5 The Secretary of State shall not require any documentation 6other than the gender designation form to confirm the sex or 7gender identity of the applicant. 8 (b-5) Every applicant for a REAL ID compliant driver's 9license or permit shall provide proof of lawful status in the 10United States as defined in 6 CFR 37.3, as amended. 11 (c) The application form shall include a notice to the 12applicant of the registration obligations of sex offenders 13under the Sex Offender Registration Act. The notice shall be 14provided in a form and manner prescribed by the Secretary of 15State. For purposes of this subsection (c), "sex offender" has 16the meaning ascribed to it in Section 2 of the Sex Offender 17Registration Act. 18 (d) Any male United States citizen or immigrant who 19applies for any permit or license authorized to be issued 20under this Code or for a renewal of any permit or license, and 21who is at least 18 years of age but less than 26 years of age, 22must be registered in compliance with the requirements of the 23federal Military Selective Service Act. The Secretary of State 24must forward in an electronic format the necessary personal 25information regarding the applicants identified in this 26subsection (d) to the Selective Service System. The HB5095- 13 -LRB104 17181 SPS 30600 b 1applicant's signature on the application serves as an 2indication that the applicant either has already registered 3with the Selective Service System or that he is authorizing 4the Secretary to forward to the Selective Service System the 5necessary information for registration. The Secretary must 6notify the applicant at the time of application that his 7signature constitutes consent to registration with the 8Selective Service System, if he is not already registered. 9 (e) Beginning on or before July 1, 2015, for each original 10or renewal driver's license application under this Code, the 11Secretary shall inquire as to whether the applicant is a 12veteran for purposes of issuing a driver's license with a 13veteran designation under subsection (e-5) of Section 6-110 of 14this Code. The acceptable forms of proof shall include, but 15are not limited to, Department of Defense form DD-214, 16Department of Defense form DD-256 for applicants who did not 17receive a form DD-214 upon the completion of initial basic 18training, Department of Defense form DD-2 (Retired), an 19identification card issued under the federal Veterans 20Identification Card Act of 2015, or a United States Department 21of Veterans Affairs summary of benefits letter. If the 22document cannot be stamped, the Illinois Department of 23Veterans Affairs shall provide a certificate to the veteran to 24provide to the Secretary of State. The Illinois Department of 25Veterans Affairs shall advise the Secretary as to what other 26forms of proof of a person's status as a veteran are HB5095- 14 -LRB104 17181 SPS 30600 b 1acceptable. 2 For each applicant who is issued a driver's license with a 3veteran designation, the Secretary shall provide the 4Department of Veterans Affairs with the applicant's name, 5address, date of birth, gender and such other demographic 6information as agreed to by the Secretary and the Department. 7The Department may take steps necessary to confirm the 8applicant is a veteran. If after due diligence, including 9writing to the applicant at the address provided by the 10Secretary, the Department is unable to verify the applicant's 11veteran status, the Department shall inform the Secretary, who 12shall notify the applicant that he or she must confirm status 13as a veteran, or the driver's license will be canceled. 14 For purposes of this subsection (e): 15 "Armed forces" means any of the Armed Forces of the United 16States, including a member of any reserve component or 17National Guard unit. 18 "Veteran" means a person who has served in the armed 19forces and was discharged or separated under honorable 20conditions. 21 (f) An applicant who is eligible for Gold Star license 22plates under Section 3-664 of this Code may apply for an 23original or renewal driver's license with space for a 24designation as a Gold Star Family. The Secretary may waive any 25fee for this application. If the Secretary does not waive the 26fee, any fee charged to the applicant must be deposited into HB5095- 15 -LRB104 17181 SPS 30600 b 1the Illinois Veterans Assistance Fund. The Secretary is 2authorized to issue rules to implement this subsection. 3(Source: P.A. 103-210, eff. 7-1-24; 103-933, eff. 1-1-25; 4104-234, eff. 8-15-25; 104-443, eff. 1-1-26.)

As enrolled or final

55,553 characters

HB5095 EnrolledLRB104 17181 SPS 30600 b 1 AN ACT concerning State government. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 5. The Illinois Identification Card Act is amended 5by changing Sections 5 and 11 as follows: 6 (15 ILCS 335/5) 7 Sec. 5. Applications. 8 (a) Any natural person who is a resident of the State of 9Illinois may file an application for an identification card, 10or for the renewal thereof, in a manner prescribed by the 11Secretary. Each original application shall be completed by the 12applicant in full and shall set forth the legal name, 13residence address and zip code, social security number, if the 14person has a social security number, birth date, sex and a 15brief description of the applicant. The applicant shall be 16photographed, unless the Secretary of State has provided by 17rule for the issuance of identification cards without 18photographs and the applicant is deemed eligible for an 19identification card without a photograph under the terms and 20conditions imposed by the Secretary of State. The applicant , 21and he or she shall also submit any other information as the 22Secretary may deem necessary or such documentation as the 23Secretary may require to determine the identity of the HB5095 Enrolled- 2 -LRB104 17181 SPS 30600 b 1applicant, except as limited under subsection (a-5). In 2addition to the residence address, the Secretary may allow the 3applicant to provide a mailing address. If the applicant is an 4employee of the Department of Children and Family Services 5with a job title of "Child Protection Specialist Trainee", 6"Child Protection Specialist", "Child Protection Advanced 7Specialist", "Child Welfare Specialist Trainee", "Child 8Welfare Specialist", or "Child Welfare Advanced Specialist" or 9a judicial officer as defined in Section 1-10 of the Judicial 10Privacy Act, or a public official as defined in Section 10 of 11the Public Official Safety and Privacy Act, or a peace 12officer, the applicant may elect to have his or her office or 13work address in lieu of the applicant's residence or mailing 14address. An applicant for an Illinois Person with a Disability 15Identification Card must also submit with each original or 16renewal application, on forms prescribed by the Secretary, 17such documentation as the Secretary may require, establishing 18that the applicant is a "person with a disability" as defined 19in Section 4A of this Act, and setting forth the applicant's 20type and class of disability as set forth in Section 4A of this 21Act. For the purposes of this subsection (a), "peace officer" 22means any person who by virtue of his or her office or public 23employment is vested by law with a duty to maintain public 24order or to make arrests for a violation of any penal statute 25of this State, whether that duty extends to all violations or 26is limited to specific violations. HB5095 Enrolled- 3 -LRB104 17181 SPS 30600 b 1 (a-5) The Upon the first issuance of a request for 2proposals for a digital driver's license and identification 3card issuance and facial recognition system issued after 4January 1, 2020 (the effective date of Public Act 101-513), 5and upon implementation of a new or revised system procured 6pursuant to that request for proposals, the Secretary shall 7permit applicants to choose between "male", "female", or "X" 8"non-binary" when designating the applicant's sex on the 9identification card application form or when changing the sex 10listed on an issued identification card. The sex designated by 11the applicant shall be displayed on the identification card 12issued to the applicant. 13 For an initial identification card, an applicant shall 14designate a sex on the application form. If the applicant's 15documents used to establish identity include a sex different 16than the sex the applicant has designated, then the applicant 17must submit a gender designation form. 18 An applicant who wants to change the sex listed on an 19issued identification card must submit a gender designation 20form. 21 The gender designation form shall only request the 22applicant's information, gender designation statement, 23attestation, and signature or mark. The applicant's 24information required on the form shall be limited to name as 25reflected on the applicant's current driver's license or 26identification card, if applicable; current driver's license HB5095 Enrolled- 4 -LRB104 17181 SPS 30600 b 1or identification card number, if applicable; and residential 2address of the applicant. The gender designation statement 3shall allow the applicant to designate a sex on the 4applicant's identification card as "male", "female", or "X". 5The attestation shall state that the applicant swears, under 6the penalty of perjury, that the request for the selected 7gender designation is to ensure that the applicant's 8identification card accurately reflects the applicant's gender 9identity and is not for a fraudulent or unlawful purpose. 10 The Secretary of State shall not require any additional 11question, documentation, support, certification, or 12verification to change a gender marker. 13 The Secretary of State shall not require any documentation 14other than the gender designation form to confirm the sex or 15gender identity of the applicant. 16 (b) Beginning on or before July 1, 2015, for each original 17or renewal identification card application under this Act, the 18Secretary shall inquire as to whether the applicant is a 19veteran for purposes of issuing an identification card with a 20veteran designation under subsection (c-5) of Section 4 of 21this Act. The acceptable forms of proof shall include, but are 22not limited to, Department of Defense form DD-214, Department 23of Defense form DD-256 for applicants who did not receive a 24form DD-214 upon the completion of initial basic training, 25Department of Defense form DD-2 (Retired), an identification 26card issued under the federal Veterans Identification Card Act HB5095 Enrolled- 5 -LRB104 17181 SPS 30600 b 1of 2015, or a United States Department of Veterans Affairs 2summary of benefits letter. If the document cannot be stamped, 3the Illinois Department of Veterans Affairs shall provide a 4certificate to the veteran to provide to the Secretary of 5State. The Illinois Department of Veterans Affairs shall 6advise the Secretary as to what other forms of proof of a 7person's status as a veteran are acceptable. 8 For each applicant who is issued an identification card 9with a veteran designation, the Secretary shall provide the 10Department of Veterans Affairs with the applicant's name, 11address, date of birth, gender, and such other demographic 12information as agreed to by the Secretary and the Department. 13The Department may take steps necessary to confirm the 14applicant is a veteran. If after due diligence, including 15writing to the applicant at the address provided by the 16Secretary, the Department is unable to verify the applicant's 17veteran status, the Department shall inform the Secretary, who 18shall notify the applicant that he or she must confirm status 19as a veteran, or the identification card will be canceled. 20 For purposes of this subsection (b): 21 "Armed forces" means any of the Armed Forces of the United 22States, including a member of any reserve component or 23National Guard unit. 24 "Veteran" means a person who has served in the armed 25forces and was discharged or separated under honorable 26conditions. HB5095 Enrolled- 6 -LRB104 17181 SPS 30600 b 1 (b-1) An applicant who is eligible for Gold Star license 2plates under Section 3-664 of the Illinois Vehicle Code may 3apply for an identification card with space for a designation 4as a Gold Star Family. The Secretary may waive any fee for this 5application. If the Secretary does not waive the fee, any fee 6charged to the applicant must be deposited into the Illinois 7Veterans Assistance Fund. The Secretary is authorized to issue 8rules to implement this subsection. 9 (c) All applicants for REAL ID compliant standard Illinois 10Identification Cards and Illinois Person with a Disability 11Identification Cards shall provide proof of lawful status in 12the United States as defined in 6 CFR 37.3, as amended. 13Applicants who are unable to provide the Secretary with proof 14of lawful status are ineligible for REAL ID compliant 15identification cards under this Act. 16 (d) The Secretary of State may accept, as proof of date of 17birth and written signature for any applicant for a standard 18identification card who does not have a social security number 19or documentation issued by the United States Department of 20Homeland Security authorizing the applicant's presence in this 21country, any passport validly issued to the applicant from the 22applicant's country of citizenship or a consular 23identification document validly issued to the applicant by a 24consulate of that country as defined in Section 5 of the 25Consular Identification Document Act. Any such documents must 26be either unexpired or presented by an applicant within 2 HB5095 Enrolled- 7 -LRB104 17181 SPS 30600 b 1years of its expiration date. 2(Source: P.A. 103-210, eff. 7-1-24; 103-888, eff. 8-9-24; 3103-933, eff. 1-1-25; 104-234, eff. 8-15-25; 104-417, eff. 48-15-25; 104-443, eff. 1-1-26; revised 1-7-26.) 5 (15 ILCS 335/11) (from Ch. 124, par. 31) 6 Sec. 11. Records. 7 (a) The Secretary may make a search of his records and 8furnish information as to whether a person has a current 9Standard Illinois Identification Card or an Illinois Person 10with a Disability Identification Card then on file, upon 11receipt of a written application therefor accompanied with the 12prescribed fee. However, the Secretary may not disclose 13medical information concerning an individual to any person, 14public agency, private agency, corporation or governmental 15body unless the individual has submitted a written request for 16the information or unless the individual has given prior 17written consent for the release of the information to a 18specific person or entity. This exception shall not apply to: 19(1) offices and employees of the Secretary who have a need to 20know the medical information in performance of their official 21duties, or (2) orders of a court of competent jurisdiction. 22When medical information is disclosed by the Secretary in 23accordance with the provisions of this Section, no liability 24shall rest with the Office of the Secretary of State as the 25information is released for informational purposes only. HB5095 Enrolled- 8 -LRB104 17181 SPS 30600 b 1 (b) Except as otherwise provided in this Section, the 2Secretary may release personally identifying information only 3to: 4 (1) officers and employees of the Secretary who have a 5 need to know that information for issuance of driver's 6 licenses, permits, or identification cards and 7 investigation of fraud or misconduct; 8 (2) other governmental agencies for use in their 9 official governmental functions; 10 (3) law enforcement agencies for a criminal or civil 11 investigation, except as restricted by subsections (g) and 12 (h); 13 (3-5) the State Board of Elections as may be required 14 by an agreement the State Board of Elections has entered 15 into with a multi-state voter registration list 16 maintenance system; or 17 (4) any entity that the Secretary has authorized, by 18 rule. 19 (c) Except as otherwise provided in this Section, the 20Secretary may release highly restricted personal information 21only to: 22 (1) officers and employees of the Secretary who have a 23 need to access the information for the issuance of 24 driver's licenses, permits, or identification cards and 25 investigation of fraud or misconduct; 26 (2) law enforcement officials for a criminal or civil HB5095 Enrolled- 9 -LRB104 17181 SPS 30600 b 1 law enforcement investigation, except as restricted by 2 subsections (g) and (h); 3 (3) the State Board of Elections for the purpose of 4 providing the signature for completion of voter 5 registration; or 6 (4) any other entity the Secretary has authorized by 7 rule. 8 (d) Documents required to be submitted with an application 9for an identification card to prove the applicant's identity 10(name and date of birth), social security number or lack of a 11social security number, written signature, residency, and, as 12applicable, citizenship and immigration status and country of 13citizenship shall be confidential and shall not be disclosed 14except to the following persons: 15 (1) the individual to whom the identification card was 16 issued, upon written request; 17 (2) officers and employees of the Secretary of State 18 who have a need to have access to the stored images for 19 purposes of issuing and controlling driver's licenses, 20 permits, or identification cards and investigation of 21 fraud or misconduct; 22 (3) law enforcement officials for a civil or criminal 23 law enforcement investigation, except as restricted by 24 subsections (g) and (h); 25 (4) other entities that the Secretary may authorize by 26 rule. HB5095 Enrolled- 10 -LRB104 17181 SPS 30600 b 1 (e) The Secretary may not disclose an individual's social 2security number or any associated information obtained from 3the Social Security Administration without the written request 4or consent of the individual except: (i) to officers and 5employees of the Secretary who have a need to know the social 6security number in the performance of their official duties; 7(ii) except as restricted by subsections (g) and (h) to law 8enforcement officials for a civil or criminal law enforcement 9investigation if an officer of the law enforcement agency has 10made a written request to the Secretary specifying the law 11enforcement investigation for which the social security number 12is being sought; (iii) under a lawful court order signed by a 13judge; (iv) to the Illinois Department of Veterans Affairs for 14the purpose of confirming veteran status to agencies in other 15states responsible for the issuance of state identification 16cards for participation in State-to-State verification 17service; or (v) the last 4 digits to the Illinois State Board 18of Elections for purposes of voter registration and as may be 19required pursuant to an agreement for a multi-state voter 20registration list maintenance system. The Secretary retains 21the right to require additional verification regarding the 22validity of a request from law enforcement. If social security 23information is disclosed by the Secretary in accordance with 24this Section, no liability shall rest with the Office of the 25Secretary of State or any of its officers or employees, as the 26information is released for official purposes only. HB5095 Enrolled- 11 -LRB104 17181 SPS 30600 b 1 (f) The Secretary of State shall not provide facial 2recognition search services or photographs obtained in the 3process of issuing an identification card to any federal, 4State, or local law enforcement agency or other governmental 5entity for the purpose of enforcing federal immigration laws. 6This subsection shall not apply to requests from federal, 7State, or local law enforcement agencies or other governmental 8entities for facial recognition search services or photographs 9obtained in the process of issuing a driver's license or 10permit when the purpose of the request relates to criminal 11activity other than violations of immigration laws. 12 (g) Notwithstanding any other provision of law, the 13Secretary may not release highly restricted personal 14information or personally identifying information or disclose 15documents described in subsection (d) to any immigration 16agent, as defined in Section 10 of the Illinois TRUST Act, 17unless necessary to comply with the following, to the extent 18that production of such information or documents is 19specifically required: 20 (1) a lawful court order; 21 (2) a judicial warrant signed by a judge appointed 22 pursuant to Article III of the Constitution of the United 23 States; or 24 (3) a subpoena for individual records issued by a 25 federal or State court. 26 When responding to such a court order, warrant, or HB5095 Enrolled- 12 -LRB104 17181 SPS 30600 b 1subpoena, the Secretary shall disclose only those documents or 2information specifically requested. Within 3 business days of 3receiving such a court order, warrant, or subpoena, the 4Secretary shall send a notification to the individual about 5whom such information was requested that a court order, 6warrant, or subpoena was received and the identity of the 7entity that presented the court order, warrant, or subpoena. 8 (h) The Secretary shall not enter into or maintain any 9agreement regarding the sharing of any highly restricted 10personal information or personally identifying information or 11documents described in subsection (d) unless all other parties 12to such agreement certify that the information obtained will 13not be used for civil immigration purposes or knowingly 14disseminated to any third party for any purpose related to 15civil immigration enforcement. 16 (i) The Secretary may not disclose or reveal the existence 17of any gender designation form unless directed to do so by an 18order of a court of competent jurisdiction. 19(Source: P.A. 103-210, eff. 7-1-24; 104-234, eff. 8-15-25.) 20 Section 10. The Illinois Vehicle Code is amended by 21changing Sections 2-110, 2-123, and 6-106 as follows: 22 (625 ILCS 5/2-110) (from Ch. 95 1/2, par. 2-110) 23 Sec. 2-110. Authority to grant or refuse applications. 24 The Secretary of State shall examine and determine the HB5095 Enrolled- 13 -LRB104 17181 SPS 30600 b 1genuineness, regularity and legality of every application for 2registration of a vehicle, for a certificate of title 3therefor, and for a driver's license and of any other 4application lawfully made to the Secretary of State, and may 5in all cases, except as limited under subsection (b-3) of 6Section 6-106, make investigation and verify the information 7and the authenticity of the documents submitted as may be 8deemed necessary or require additional information, and shall 9reject any such application if not satisfied of the 10genuineness, regularity or legality thereof or the truth of 11any statement contained therein, or for any other reason, when 12authorized by law. 13(Source: P.A. 93-895, eff. 1-1-05.) 14 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123) 15 Sec. 2-123. Sale and distribution of information. 16 (a) Except as otherwise provided in this Section, the 17Secretary may make the driver's license, vehicle and title 18registration lists, in part or in whole, and any statistical 19information derived from these lists available to local 20governments, elected state officials, state educational 21institutions, and all other governmental units of the State 22and Federal Government requesting them for governmental 23purposes. The Secretary shall require any such applicant for 24services to pay for the costs of furnishing such services and 25the use of the equipment involved, and in addition is HB5095 Enrolled- 14 -LRB104 17181 SPS 30600 b 1empowered to establish prices and charges for the services so 2furnished and for the use of the electronic equipment 3utilized. 4 (b) The Secretary is further empowered to and he may, in 5his discretion, furnish to any applicant, other than listed in 6subsection (a) of this Section, vehicle or driver data on a 7computer tape, disk, other electronic format or computer 8processable medium, or printout at a fixed fee of $500, in 9advance, and require in addition a further sufficient deposit 10based upon the Secretary of State's estimate of the total cost 11of the information requested and a charge of $50, per 1,000 12units or part thereof identified or the actual cost, whichever 13is greater. The Secretary is authorized to refund any 14difference between the additional deposit and the actual cost 15of the request. This service shall not be in lieu of an 16abstract of a driver's record nor of a title or registration 17search. This service may be limited to entities purchasing a 18minimum number of records as required by administrative rule. 19The information sold pursuant to this subsection shall be the 20entire vehicle or driver data list, or part thereof. The 21information sold pursuant to this subsection shall not contain 22personally identifying information unless the information is 23to be used for one of the purposes identified in subsection 24(f-5) of this Section. Commercial purchasers of driver and 25vehicle record databases shall enter into a written agreement 26with the Secretary of State that includes disclosure of the HB5095 Enrolled- 15 -LRB104 17181 SPS 30600 b 1commercial use of the information to be purchased. 2 (b-1) The Secretary is further empowered to and may, in 3his or her discretion, furnish vehicle or driver data on a 4computer tape, disk, or other electronic format or computer 5processible medium, at no fee, to any State or local 6governmental agency that uses the information provided by the 7Secretary to transmit data back to the Secretary that enables 8the Secretary to maintain accurate driving records, including 9dispositions of traffic cases. This information may be 10provided without fee not more often than once every 6 months. 11 (c) Secretary of State may issue registration lists. The 12Secretary of State may compile a list of all registered 13vehicles. Each list of registered vehicles shall be arranged 14serially according to the registration numbers assigned to 15registered vehicles and may contain in addition the names and 16addresses of registered owners and a brief description of each 17vehicle including the serial or other identifying number 18thereof. Such compilation may be in such form as in the 19discretion of the Secretary of State may seem best for the 20purposes intended. 21 (d) The Secretary of State shall furnish no more than 2 22current available lists of such registrations to the sheriffs 23of all counties and to the chiefs of police of all cities and 24villages and towns of 2,000 population and over in this State 25at no cost. Additional copies may be purchased by the sheriffs 26or chiefs of police at the fee of $500 each or at the cost of HB5095 Enrolled- 16 -LRB104 17181 SPS 30600 b 1producing the list as determined by the Secretary of State. 2Such lists are to be used for governmental purposes only. 3 (e) (Blank). 4 (e-1) (Blank). 5 (f) The Secretary of State shall make a title or 6registration search of the records of his office and a written 7report on the same for any person, upon written application of 8such person, accompanied by a fee of $5 for each registration 9or title search. The written application shall set forth the 10intended use of the requested information. No fee shall be 11charged for a title or registration search, or for the 12certification thereof requested by a government agency. The 13report of the title or registration search shall not contain 14personally identifying information unless the request for a 15search was made for one of the purposes identified in 16subsection (f-5) of this Section. The report of the title or 17registration search shall not contain highly restricted 18personal information unless specifically authorized by this 19Code. 20 The Secretary of State shall certify a title or 21registration record upon written request. The fee for 22certification shall be $5 in addition to the fee required for a 23title or registration search. Certification shall be made 24under the signature of the Secretary of State and shall be 25authenticated by Seal of the Secretary of State. 26 The Secretary of State may notify the vehicle owner or HB5095 Enrolled- 17 -LRB104 17181 SPS 30600 b 1registrant of the request for purchase of his title or 2registration information as the Secretary deems appropriate. 3 No information shall be released to the requester until 4expiration of a 10-day period. This 10-day period shall not 5apply to requests for information made by law enforcement 6officials, government agencies, financial institutions, 7attorneys, insurers, employers, automobile associated 8businesses, persons licensed as a private detective or firms 9licensed as a private detective agency under the Private 10Detective, Private Alarm, Private Security, Fingerprint 11Vendor, and Locksmith Act of 2004, who are employed by or are 12acting on behalf of law enforcement officials, government 13agencies, financial institutions, attorneys, insurers, 14employers, automobile associated businesses, and other 15business entities for purposes consistent with the Illinois 16Vehicle Code, the vehicle owner or registrant or other 17entities as the Secretary may exempt by rule and regulation. 18 Any misrepresentation made by a requester of title or 19vehicle information shall be punishable as a petty offense, 20except in the case of persons licensed as a private detective 21or firms licensed as a private detective agency which shall be 22subject to disciplinary sanctions under Section 40-10 of the 23Private Detective, Private Alarm, Private Security, 24Fingerprint Vendor, and Locksmith Act of 2004. 25 (f-5) The Secretary of State shall not disclose or 26otherwise make available to any person or entity any HB5095 Enrolled- 18 -LRB104 17181 SPS 30600 b 1personally identifying information obtained by the Secretary 2of State in connection with a driver's license, vehicle, or 3title registration record unless the information is disclosed 4for one of the following purposes: 5 (1) For use by any government agency, including any 6 court or law enforcement agency, in carrying out its 7 functions, or any private person or entity acting on 8 behalf of a federal, State, or local agency in carrying 9 out its functions. 10 (2) For use in connection with matters of motor 11 vehicle or driver safety and theft; motor vehicle 12 emissions; motor vehicle product alterations, recalls, or 13 advisories; performance monitoring of motor vehicles, 14 motor vehicle parts, and dealers; and removal of non-owner 15 records from the original owner records of motor vehicle 16 manufacturers. 17 (3) For use in the normal course of business by a 18 legitimate business or its agents, employees, or 19 contractors, but only: 20 (A) to verify the accuracy of personal information 21 submitted by an individual to the business or its 22 agents, employees, or contractors; and 23 (B) if such information as so submitted is not 24 correct or is no longer correct, to obtain the correct 25 information, but only for the purposes of preventing 26 fraud by, pursuing legal remedies against, or HB5095 Enrolled- 19 -LRB104 17181 SPS 30600 b 1 recovering on a debt or security interest against, the 2 individual. 3 (4) For use in research activities and for use in 4 producing statistical reports, if the personally 5 identifying information is not published, redisclosed, or 6 used to contact individuals. 7 (5) For use in connection with any civil, criminal, 8 administrative, or arbitral proceeding in any federal, 9 State, or local court or agency or before any 10 self-regulatory body, including the service of process, 11 investigation in anticipation of litigation, and the 12 execution or enforcement of judgments and orders, or 13 pursuant to an order of a federal, State, or local court. 14 (6) For use by any insurer or insurance support 15 organization or by a self-insured entity or its agents, 16 employees, or contractors in connection with claims 17 investigation activities, antifraud activities, rating, or 18 underwriting. 19 (7) For use in providing notice to the owners of towed 20 or impounded vehicles. 21 (8) For use by any person licensed as a private 22 detective or firm licensed as a private detective agency 23 under the Private Detective, Private Alarm, Private 24 Security, Fingerprint Vendor, and Locksmith Act of 2004, 25 private investigative agency or security service licensed 26 in Illinois for any purpose permitted under this HB5095 Enrolled- 20 -LRB104 17181 SPS 30600 b 1 subsection. 2 (9) For use by an employer or its agent or insurer to 3 obtain or verify information relating to a holder of a 4 commercial driver's license that is required under chapter 5 313 of title 49 of the United States Code. 6 (10) For use in connection with the operation of 7 private toll transportation facilities. 8 (11) For use by any requester, if the requester 9 demonstrates it has obtained the written consent of the 10 individual to whom the information pertains. 11 (12) For use by members of the news media, as defined 12 in Section 1-148.5, for the purpose of newsgathering when 13 the request relates to the operation of a motor vehicle or 14 public safety. 15 (13) For any other use specifically authorized by law, 16 if that use is related to the operation of a motor vehicle 17 or public safety. 18 (f-6) The Secretary of State shall not disclose or 19otherwise make available to any person or entity any highly 20restricted personal information obtained by the Secretary of 21State in connection with a driver's license, vehicle, or title 22registration record unless specifically authorized by this 23Code. 24 (g) 1. The Secretary of State may, upon receipt of a 25written request and a fee as set forth in Section 6-118, 26furnish to the person or agency so requesting a driver's HB5095 Enrolled- 21 -LRB104 17181 SPS 30600 b 1record or data contained therein. Such document may include a 2record of: current driver's license issuance information, 3except that the information on judicial driving permits shall 4be available only as otherwise provided by this Code; 5convictions; orders entered revoking, suspending or cancelling 6a driver's license or privilege; and notations of crash 7involvement. All other information, unless otherwise permitted 8by this Code, shall remain confidential. Information released 9pursuant to a request for a driver's record shall not contain 10personally identifying information, unless the request for the 11driver's record was made for one of the purposes set forth in 12subsection (f-5) of this Section. The Secretary of State may, 13without fee, allow a parent or guardian of a person under the 14age of 18 years, who holds an instruction permit or graduated 15driver's license, to view that person's driving record online, 16through a computer connection. The parent or guardian's online 17access to the driving record will terminate when the 18instruction permit or graduated driver's license holder 19reaches the age of 18. 20 2. The Secretary of State shall not disclose or otherwise 21make available to any person or entity any highly restricted 22personal information obtained by the Secretary of State in 23connection with a driver's license, vehicle, or title 24registration record unless specifically authorized by this 25Code. The Secretary of State may certify an abstract of a 26driver's record upon written request therefor. Such HB5095 Enrolled- 22 -LRB104 17181 SPS 30600 b 1certification shall be made under the signature of the 2Secretary of State and shall be authenticated by the Seal of 3his office. 4 3. All requests for driving record information shall be 5made in a manner prescribed by the Secretary and shall set 6forth the intended use of the requested information. 7 The Secretary of State may notify the affected driver of 8the request for purchase of his driver's record as the 9Secretary deems appropriate. 10 No information shall be released to the requester until 11expiration of a 10-day period. This 10-day period shall not 12apply to requests for information made by law enforcement 13officials, government agencies, financial institutions, 14attorneys, insurers, employers, automobile associated 15businesses, persons licensed as a private detective or firms 16licensed as a private detective agency under the Private 17Detective, Private Alarm, Private Security, Fingerprint 18Vendor, and Locksmith Act of 2004, who are employed by or are 19acting on behalf of law enforcement officials, government 20agencies, financial institutions, attorneys, insurers, 21employers, automobile associated businesses, and other 22business entities for purposes consistent with the Illinois 23Vehicle Code, the affected driver or other entities as the 24Secretary may exempt by rule and regulation. 25 Any misrepresentation made by a requester of driver 26information shall be punishable as a petty offense, except in HB5095 Enrolled- 23 -LRB104 17181 SPS 30600 b 1the case of persons licensed as a private detective or firms 2licensed as a private detective agency which shall be subject 3to disciplinary sanctions under Section 40-10 of the Private 4Detective, Private Alarm, Private Security, Fingerprint 5Vendor, and Locksmith Act of 2004. 6 4. The Secretary of State may furnish without fee, upon 7the written request of a law enforcement agency, any 8information from a driver's record on file with the Secretary 9of State when such information is required in the enforcement 10of this Code or any other law relating to the operation of 11motor vehicles, including records of dispositions; documented 12information involving the use of a motor vehicle; whether such 13individual has, or previously had, a driver's license; and the 14address and personal description as reflected on said driver's 15record. 16 5. Except as otherwise provided in this Section, the 17Secretary of State may furnish, without fee, information from 18an individual driver's record on file, if a written request 19therefor is submitted by any public transit system or 20authority, public defender, law enforcement agency, a state or 21federal agency, or an Illinois local intergovernmental 22association, if the request is for the purpose of a background 23check of applicants for employment with the requesting agency, 24or for the purpose of an official investigation conducted by 25the agency, or to determine a current address for the driver so 26public funds can be recovered or paid to the driver, or for any HB5095 Enrolled- 24 -LRB104 17181 SPS 30600 b 1other purpose set forth in subsection (f-5) of this Section. 2 The Secretary may also furnish the courts a copy of an 3abstract of a driver's record, without fee, subsequent to an 4arrest for a violation of Section 11-501 or a similar 5provision of a local ordinance. Such abstract may include 6records of dispositions; documented information involving the 7use of a motor vehicle as contained in the current file; 8whether such individual has, or previously had, a driver's 9license; and the address and personal description as reflected 10on said driver's record. 11 6. Any certified abstract issued by the Secretary of State 12or transmitted electronically by the Secretary of State 13pursuant to this Section, to a court or on request of a law 14enforcement agency, for the record of a named person as to the 15status of the person's driver's license shall be prima facie 16evidence of the facts therein stated and if the name appearing 17in such abstract is the same as that of a person named in an 18information or warrant, such abstract shall be prima facie 19evidence that the person named in such information or warrant 20is the same person as the person named in such abstract and 21shall be admissible for any prosecution under this Code and be 22admitted as proof of any prior conviction or proof of records, 23notices, or orders recorded on individual driving records 24maintained by the Secretary of State. 25 7. Subject to any restrictions contained in the Juvenile 26Court Act of 1987, and upon receipt of a proper request and a HB5095 Enrolled- 25 -LRB104 17181 SPS 30600 b 1fee as set forth in Section 6-118, the Secretary of State shall 2provide a driver's record or data contained therein to the 3affected driver, or the affected driver's attorney, upon 4verification. Such record shall contain all the information 5referred to in paragraph 1 of this subsection (g) plus: any 6recorded crash involvement as a driver; information recorded 7pursuant to subsection (e) of Section 6-117 and paragraph (4) 8of subsection (a) of Section 6-204 of this Code. All other 9information, unless otherwise permitted by this Code, shall 10remain confidential. 11 (h) The Secretary shall not disclose social security 12numbers or any associated information obtained from the Social 13Security Administration except pursuant to a written request 14by, or with the prior written consent of, the individual 15except: (1) to officers and employees of the Secretary who 16have a need to know the social security numbers in performance 17of their official duties, (2) to law enforcement officials for 18a civil or criminal law enforcement investigation, and if an 19officer of the law enforcement agency has made a written 20request to the Secretary specifying the law enforcement 21investigation for which the social security numbers are being 22sought, though the Secretary retains the right to require 23additional verification regarding the validity of the request, 24(3) to the United States Department of Transportation, or any 25other State, pursuant to the administration and enforcement of 26the Commercial Motor Vehicle Safety Act of 1986 or HB5095 Enrolled- 26 -LRB104 17181 SPS 30600 b 1participation in State-to-State verification service, (4) 2pursuant to the order of a court of competent jurisdiction, 3(5) to the Department of Healthcare and Family Services 4(formerly Department of Public Aid) for utilization in the 5child support enforcement duties assigned to that Department 6under provisions of the Illinois Public Aid Code after the 7individual has received advanced meaningful notification of 8what redisclosure is sought by the Secretary in accordance 9with the federal Privacy Act, (5.5) to the Department of 10Healthcare and Family Services and the Department of Human 11Services solely for the purpose of verifying Illinois 12residency where such residency is an eligibility requirement 13for benefits under the Illinois Public Aid Code or any other 14health benefit program administered by the Department of 15Healthcare and Family Services or the Department of Human 16Services, (6) to the Illinois Department of Revenue solely for 17use by the Department in the collection of any tax or debt that 18the Department of Revenue is authorized or required by law to 19collect, provided that the Department shall not disclose the 20social security number to any person or entity outside of the 21Department, (7) to the Illinois Department of Veterans Affairs 22for the purpose of confirming veteran status, or (8) the last 4 23digits to the Illinois State Board of Elections for purposes 24of voter registration and as may be required pursuant to an 25agreement for a multi-state voter registration list 26maintenance system. If social security information is HB5095 Enrolled- 27 -LRB104 17181 SPS 30600 b 1disclosed by the Secretary in accordance with this Section, no 2liability shall rest with the Office of the Secretary of State 3or any of its officers or employees, as the information is 4released for official purposes only. 5 (i) (Blank). 6 (j) Medical statements, or medical reports, and gender 7designation forms received in the Secretary of State's Office 8shall be confidential. Except as provided in this Section, no 9confidential information may be open to public inspection or 10the contents disclosed to anyone, except officers and 11employees of the Secretary who have a need to know the 12information contained in the medical reports and the Driver 13License Medical Advisory Board, unless so directed by an order 14of a court of competent jurisdiction. The Secretary may not 15disclose or reveal the existence of any gender designation 16form unless directed to do so by an order of a court of 17competent jurisdiction. If the Secretary receives a medical 18report regarding a driver that does not address a medical 19condition contained in a previous medical report, the 20Secretary may disclose the unaddressed medical condition to 21the driver or his or her physician, or both, solely for the 22purpose of submission of a medical report that addresses the 23condition. 24 (k) Beginning July 1, 2023, disbursement of fees collected 25under this Section shall be as follows: (1) of the $20 fee for 26a driver's record, $11 shall be paid into the Secretary of HB5095 Enrolled- 28 -LRB104 17181 SPS 30600 b 1State Special Services Fund, and $6 shall be paid into the 2General Revenue Fund; (2) 50% of the amounts collected under 3subsection (b) shall be paid into the General Revenue Fund; 4and (3) all remaining fees shall be disbursed under subsection 5(g) of Section 2-119 of this Code. 6 (l) (Blank). 7 (m) Notations of crash involvement that may be disclosed 8under this Section shall not include notations relating to 9damage to a vehicle or other property being transported by a 10tow truck. This information shall remain confidential, 11provided that nothing in this subsection (m) shall limit 12disclosure of any notification of crash involvement to any law 13enforcement agency or official. 14 (n) Requests made by the news media for driver's license, 15vehicle, or title registration information may be furnished 16without charge or at a reduced charge, as determined by the 17Secretary, when the specific purpose for requesting the 18documents is deemed to be in the public interest. Waiver or 19reduction of the fee is in the public interest if the principal 20purpose of the request is to access and disseminate 21information regarding the health, safety, and welfare or the 22legal rights of the general public and is not for the principal 23purpose of gaining a personal or commercial benefit. The 24information provided pursuant to this subsection shall not 25contain personally identifying information unless the 26information is to be used for one of the purposes identified in HB5095 Enrolled- 29 -LRB104 17181 SPS 30600 b 1subsection (f-5) of this Section. 2 (o) The redisclosure of personally identifying information 3obtained pursuant to this Section is prohibited, except to the 4extent necessary to effectuate the purpose for which the 5original disclosure of the information was permitted. 6 (p) The Secretary of State is empowered to adopt rules to 7effectuate this Section. 8(Source: P.A. 103-8, eff. 7-1-23; 104-234, eff. 8-15-25.) 9 (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106) 10 Sec. 6-106. Application for license or instruction permit. 11 (a) Every application for any permit or license authorized 12to be issued under this Code shall be made upon a form 13furnished by the Secretary of State. Every application shall 14be accompanied by the proper fee and payment of such fee shall 15entitle the applicant to not more than 3 attempts to pass the 16examination within a period of one year after the date of 17application. 18 (b) Every application shall state the legal name, zip 19code, date of birth, sex, and residence address of the 20applicant; briefly describe the applicant; state whether the 21applicant has theretofore been licensed as a driver, and, if 22so, when and by what state or country, and whether any such 23license has ever been canceled, suspended, revoked or refused, 24and, if so, the date and reason for such cancellation, 25suspension, revocation or refusal; shall include an HB5095 Enrolled- 30 -LRB104 17181 SPS 30600 b 1affirmation by the applicant that all information set forth is 2true and correct; and shall bear the applicant's signature. In 3addition to the residence address, the Secretary may allow the 4applicant to provide a mailing address. In the case of an 5applicant who is a judicial officer, public official, or peace 6officer, the Secretary may allow the applicant to provide an 7office or work address in lieu of a residence or mailing 8address. The application form may also require the statement 9of such additional relevant information as the Secretary of 10State shall deem necessary to determine the applicant's 11competency and eligibility. The Secretary of State may, in his 12discretion, by rule or regulation, provide that an application 13for a driver's drivers license or permit may include a 14suitable photograph of the applicant in the form prescribed by 15the Secretary, and he may further provide that each driver's 16drivers license shall include a photograph of the driver. The 17Secretary of State may utilize a photograph process or system 18most suitable to deter alteration or improper reproduction of 19a driver's drivers license and to prevent substitution of 20another photo thereon. For the purposes of this subsection 21(b): 22 "Peace officer" means any person who by virtue of his or 23her office or public employment is vested by law with a duty to 24maintain public order or to make arrests for a violation of any 25penal statute of this State, whether that duty extends to all 26violations or is limited to specific violations. HB5095 Enrolled- 31 -LRB104 17181 SPS 30600 b 1 "Public official" has the meaning given in Section 10 of 2the Public Official Safety and Privacy Act. 3 (b-1) Every application shall state the social security 4number of the applicant; except if the applicant is applying 5for a standard driver's license and, on the date of 6application, is ineligible for a social security number, then: 7 (1) if the applicant has documentation, issued by the 8 United States Department of Homeland Security, authorizing 9 the applicant's presence in this country, the applicant 10 shall provide such documentation instead of a social 11 security number; and 12 (2) if the applicant does not have documentation 13 described in paragraph (1), the applicant shall provide, 14 instead of a social security number, the following: 15 (A) documentation establishing that the applicant 16 has resided in this State for a period in excess of one 17 year; 18 (B) a passport validly issued to the applicant 19 from the applicant's country of citizenship or a 20 consular identification document validly issued to the 21 applicant by a consulate of that country as defined in 22 Section 5 of the Consular Identification Document Act, 23 as long as such documents are either unexpired or 24 presented by an applicant within 2 years of its 25 expiration date; and 26 (C) a social security card, if the applicant has a HB5095 Enrolled- 32 -LRB104 17181 SPS 30600 b 1 social security number. 2 (b-3) The Upon the first issuance of a request for 3proposals for a digital driver's license and identification 4card issuance and facial recognition system issued after 5January 1, 2020 (the effective date of Public Act 101-513), 6and upon implementation of a new or revised system procured 7pursuant to that request for proposals, the Secretary shall 8permit applicants to choose between "male", "female" or "X" 9"non-binary" when designating the applicant's sex on the 10driver's license or permit application form or when changing 11the sex listed on an issued driver's license or permit. The sex 12designated by the applicant shall be displayed on the driver's 13license or permit issued to the applicant. 14 For an initial driver's license or permit, an applicant 15shall designate a sex on the application form. If the 16applicant's documents used to establish identity include a sex 17different than the sex the applicant has designated, then the 18applicant must submit a gender designation form. 19 An applicant who wants to change the sex listed on an 20issued driver's license or permit must submit a gender 21designation form. 22 The gender designation form shall only request the 23applicant's information, gender designation statement, 24attestation, and signature or mark. The applicant's 25information required on the form shall be limited to name as 26reflected on the applicant's current driver's license or HB5095 Enrolled- 33 -LRB104 17181 SPS 30600 b 1identification card, if applicable; current driver's license 2or identification card number, if applicable; and residential 3address of the applicant. The gender designation statement 4shall allow the applicant to designate a sex on the 5applicant's driver's license or permit as "male", "female", or 6"X". The attestation shall state that the applicant swears, 7under the penalty of perjury, that the request for the 8selected gender designation is to ensure that the applicant's 9driver's license or permit accurately reflects the applicant's 10gender identity and is not for a fraudulent or unlawful 11purpose. 12 The Secretary of State shall not require any additional 13question, documentation, support, certification, or 14verification to change a gender marker. 15 The Secretary of State shall not require any documentation 16other than the gender designation form to confirm the sex or 17gender identity of the applicant. 18 (b-5) Every applicant for a REAL ID compliant driver's 19license or permit shall provide proof of lawful status in the 20United States as defined in 6 CFR 37.3, as amended. 21 (c) The application form shall include a notice to the 22applicant of the registration obligations of sex offenders 23under the Sex Offender Registration Act. The notice shall be 24provided in a form and manner prescribed by the Secretary of 25State. For purposes of this subsection (c), "sex offender" has 26the meaning ascribed to it in Section 2 of the Sex Offender HB5095 Enrolled- 34 -LRB104 17181 SPS 30600 b 1Registration Act. 2 (d) Any male United States citizen or immigrant who 3applies for any permit or license authorized to be issued 4under this Code or for a renewal of any permit or license, and 5who is at least 18 years of age but less than 26 years of age, 6must be registered in compliance with the requirements of the 7federal Military Selective Service Act. The Secretary of State 8must forward in an electronic format the necessary personal 9information regarding the applicants identified in this 10subsection (d) to the Selective Service System. The 11applicant's signature on the application serves as an 12indication that the applicant either has already registered 13with the Selective Service System or that he is authorizing 14the Secretary to forward to the Selective Service System the 15necessary information for registration. The Secretary must 16notify the applicant at the time of application that his 17signature constitutes consent to registration with the 18Selective Service System, if he is not already registered. 19 (e) Beginning on or before July 1, 2015, for each original 20or renewal driver's license application under this Code, the 21Secretary shall inquire as to whether the applicant is a 22veteran for purposes of issuing a driver's license with a 23veteran designation under subsection (e-5) of Section 6-110 of 24this Code. The acceptable forms of proof shall include, but 25are not limited to, Department of Defense form DD-214, 26Department of Defense form DD-256 for applicants who did not HB5095 Enrolled- 35 -LRB104 17181 SPS 30600 b 1receive a form DD-214 upon the completion of initial basic 2training, Department of Defense form DD-2 (Retired), an 3identification card issued under the federal Veterans 4Identification Card Act of 2015, or a United States Department 5of Veterans Affairs summary of benefits letter. If the 6document cannot be stamped, the Illinois Department of 7Veterans Affairs shall provide a certificate to the veteran to 8provide to the Secretary of State. The Illinois Department of 9Veterans Affairs shall advise the Secretary as to what other 10forms of proof of a person's status as a veteran are 11acceptable. 12 For each applicant who is issued a driver's license with a 13veteran designation, the Secretary shall provide the 14Department of Veterans Affairs with the applicant's name, 15address, date of birth, gender and such other demographic 16information as agreed to by the Secretary and the Department. 17The Department may take steps necessary to confirm the 18applicant is a veteran. If after due diligence, including 19writing to the applicant at the address provided by the 20Secretary, the Department is unable to verify the applicant's 21veteran status, the Department shall inform the Secretary, who 22shall notify the applicant that he or she must confirm status 23as a veteran, or the driver's license will be canceled. 24 For purposes of this subsection (e): 25 "Armed forces" means any of the Armed Forces of the United 26States, including a member of any reserve component or HB5095 Enrolled- 36 -LRB104 17181 SPS 30600 b 1National Guard unit. 2 "Veteran" means a person who has served in the armed 3forces and was discharged or separated under honorable 4conditions. 5 (f) An applicant who is eligible for Gold Star license 6plates under Section 3-664 of this Code may apply for an 7original or renewal driver's license with space for a 8designation as a Gold Star Family. The Secretary may waive any 9fee for this application. If the Secretary does not waive the 10fee, any fee charged to the applicant must be deposited into 11the Illinois Veterans Assistance Fund. The Secretary is 12authorized to issue rules to implement this subsection. 13(Source: P.A. 103-210, eff. 7-1-24; 103-933, eff. 1-1-25; 14104-234, eff. 8-15-25; 104-443, eff. 1-1-26.)