ID CARD-GENDER DESIGNATION

Illinois General Assembly - Full Text of SB3495

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3495

Introduced 2/5/2026, by Sen. Laura Ellman

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 17180 SPS 30599 b

A BILL FOR

SB3495
LRB104 17180 SPS 30599 b
1

AN ACT concerning State government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Identification Card Act is amended
5
by changing 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
9
Illinois may file an application for an identification card,
10
or for the renewal thereof, in a manner prescribed by the
11
Secretary. Each original application shall be completed by the
12
applicant in full and shall set forth the legal name,
13
residence address and zip code, social security number, if the
14
person has a social security number, birth date, sex and a
15
brief description of the applicant. The applicant shall be
16
photographed, unless the Secretary of State has provided by
17
rule for the issuance of identification cards without
18
photographs and the applicant is deemed eligible for an
19
identification card without a photograph under the terms and
20
conditions imposed by the Secretary of State
. The applicant

,
21
and he or she
shall also submit any other information as the
22
Secretary may deem necessary or such documentation as the
23
Secretary may require to determine the identity of the

SB3495
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LRB104 17180 SPS 30599 b
1
applicant
, except as limited under subsection (a-5)
. In
2
addition to the residence address, the Secretary may allow the
3
applicant to provide a mailing address. If the applicant is an
4
employee of the Department of Children and Family Services
5
with a job title of "Child Protection Specialist Trainee",
6
"Child Protection Specialist", "Child Protection Advanced
7
Specialist", "Child Welfare Specialist Trainee", "Child
8
Welfare Specialist", or "Child Welfare Advanced Specialist" or
9
a judicial officer as defined in Section 1-10 of the Judicial
10
Privacy Act, or a public official as defined in Section 10 of
11
the Public Official Safety and Privacy Act, or a peace
12
officer, the applicant may elect to have his or her office or
13
work address in lieu of the applicant's residence or mailing
14
address. An applicant for an Illinois Person with a Disability
15
Identification Card must also submit with each original or
16
renewal application, on forms prescribed by the Secretary,
17
such documentation as the Secretary may require, establishing
18
that the applicant is a "person with a disability" as defined
19
in Section 4A of this Act, and setting forth the applicant's
20
type and class of disability as set forth in Section 4A of this
21
Act. For the purposes of this subsection (a), "peace officer"
22
means any person who by virtue of his or her office or public
23
employment is vested by law with a duty to maintain public
24
order or to make arrests for a violation of any penal statute
25
of this State, whether that duty extends to all violations or
26
is limited to specific violations.

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LRB104 17180 SPS 30599 b
1

(a-5)
The

Upon the first issuance of a request for
2
proposals for a digital driver's license and identification
3
card issuance and facial recognition system issued after
4
January 1, 2020 (the effective date of Public Act 101-513),
5
and upon implementation of a new or revised system procured
6
pursuant to that request for proposals, the
Secretary shall
7
permit applicants to choose between "male", "female", or
"X"

8
"non-binary"
when designating the applicant's sex on the
9
identification card application form
or when changing the sex
10
listed on an issued identification card
. The sex designated by
11
the applicant shall be displayed on the identification card
12
issued to the applicant.
13

For an initial identification card, an applicant shall
14
designate a sex on the application form. If the applicant's
15
documents used to establish identity include a sex different
16
than the sex the applicant has designated, then the applicant
17
must submit a gender designation form.

18

An applicant who wants to change the sex listed on an
19
issued identification card must submit a gender designation
20
form.

21

The gender designation form shall only request the
22
applicant's information, gender designation statement,
23
attestation, and signature or mark. The applicant's
24
information required on the form shall be limited to name as
25
reflected on the applicant's current driver's license or
26
identification card, if applicable; current driver's license

SB3495
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LRB104 17180 SPS 30599 b
1
or identification card number, if applicable; and residential
2
address of the applicant. The gender designation statement
3
shall allow the applicant to designate a sex on the
4
applicant's identification card as "male", "female", or "X".
5
The attestation shall state that the applicant swears, under
6
the penalty of perjury, that the request for the selected
7
gender designation is to ensure that the applicant's
8
identification card accurately reflects the applicant's gender
9
identity and is not for a fraudulent or unlawful purpose.

10

The Secretary of State shall not require any additional
11
question, documentation, support, certification, or
12
verification to change a gender marker.

13

The Secretary of State shall not require any documentation
14
other than the gender designation form to confirm the sex or
15
gender identity of the applicant.

16

(b) Beginning on or before July 1, 2015, for each original
17
or renewal identification card application under this Act, the
18
Secretary shall inquire as to whether the applicant is a
19
veteran for purposes of issuing an identification card with a
20
veteran designation under subsection (c-5) of Section 4 of
21
this Act. The acceptable forms of proof shall include, but are
22
not limited to, Department of Defense form DD-214, Department
23
of Defense form DD-256 for applicants who did not receive a
24
form DD-214 upon the completion of initial basic training,
25
Department of Defense form DD-2 (Retired), an identification
26
card issued under the federal Veterans Identification Card Act

SB3495
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LRB104 17180 SPS 30599 b
1
of 2015, or a United States Department of Veterans Affairs
2
summary of benefits letter. If the document cannot be stamped,
3
the Illinois Department of Veterans Affairs shall provide a
4
certificate to the veteran to provide to the Secretary of
5
State. The Illinois Department of Veterans Affairs shall
6
advise the Secretary as to what other forms of proof of a
7
person's status as a veteran are acceptable.
8

For each applicant who is issued an identification card
9
with a veteran designation, the Secretary shall provide the
10
Department of Veterans Affairs with the applicant's name,
11
address, date of birth, gender, and such other demographic
12
information as agreed to by the Secretary and the Department.
13
The Department may take steps necessary to confirm the
14
applicant is a veteran. If after due diligence, including
15
writing to the applicant at the address provided by the
16
Secretary, the Department is unable to verify the applicant's
17
veteran status, the Department shall inform the Secretary, who
18
shall notify the applicant that he or she must confirm status
19
as 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
22
States, including a member of any reserve component or
23
National Guard unit.
24

"Veteran" means a person who has served in the armed
25
forces and was discharged or separated under honorable
26
conditions.

SB3495
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LRB104 17180 SPS 30599 b
1

(b-1) An applicant who is eligible for Gold Star license
2
plates under Section 3-664 of the Illinois Vehicle Code may
3
apply for an identification card with space for a designation
4
as a Gold Star Family. The Secretary may waive any fee for this
5
application. If the Secretary does not waive the fee, any fee
6
charged to the applicant must be deposited into the Illinois
7
Veterans Assistance Fund. The Secretary is authorized to issue
8
rules to implement this subsection.
9

(c) All applicants for REAL ID compliant standard Illinois
10
Identification Cards and Illinois Person with a Disability
11
Identification Cards shall provide proof of lawful status in
12
the United States as defined in 6 CFR 37.3, as amended.
13
Applicants who are unable to provide the Secretary with proof
14
of lawful status are ineligible for REAL ID compliant
15
identification cards under this Act.
16

(d) The Secretary of State may accept, as proof of date of
17
birth and written signature for any applicant for a standard
18
identification card who does not have a social security number
19
or documentation issued by the United States Department of
20
Homeland Security authorizing the applicant's presence in this
21
country, any passport validly issued to the applicant from the
22
applicant's country of citizenship or a consular
23
identification document validly issued to the applicant by a
24
consulate of that country as defined in Section 5 of the
25
Consular Identification Document Act. Any such documents must
26
be either unexpired or presented by an applicant within 2

SB3495
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LRB104 17180 SPS 30599 b
1
years of its expiration date.
2
(Source: P.A. 103-210, eff. 7-1-24; 103-888, eff. 8-9-24;
3
103-933, eff. 1-1-25; 104-234, eff. 8-15-25; 104-417, eff.
4
8-15-25; 104-443, eff. 1-1-26; revised 1-7-26.)

5

Section 10.
The Illinois Vehicle Code is amended by
6
changing 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
10
genuineness, regularity and legality of every application for
11
registration of a vehicle, for a certificate of title
12
therefor, and for a driver's license and of any other
13
application lawfully made to the Secretary of State, and may
14
in all cases
, except as limited under subsection (b-3) of
15
Section 6-106,
make investigation and verify the information
16
and the authenticity of the documents submitted as may be
17
deemed necessary or require additional information, and shall
18
reject any such application if not satisfied of the
19
genuineness, regularity or legality thereof or the truth of
20
any statement contained therein, or for any other reason, when
21
authorized 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)

SB3495
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LRB104 17180 SPS 30599 b
1

Sec. 6-106.
Application for license or instruction permit.
2

(a) Every application for any permit or license authorized
3
to be issued under this Code shall be made upon a form
4
furnished by the Secretary of State. Every application shall
5
be accompanied by the proper fee and payment of such fee shall
6
entitle the applicant to not more than 3 attempts to pass the
7
examination within a period of one year after the date of
8
application.
9

(b) Every application shall state the legal name, zip
10
code, date of birth, sex, and residence address of the
11
applicant; briefly describe the applicant; state whether the
12
applicant has theretofore been licensed as a driver, and, if
13
so, when and by what state or country, and whether any such
14
license has ever been canceled, suspended, revoked or refused,
15
and, if so, the date and reason for such cancellation,
16
suspension, revocation or refusal; shall include an
17
affirmation by the applicant that all information set forth is
18
true and correct; and shall bear the applicant's signature. In
19
addition to the residence address, the Secretary may allow the
20
applicant to provide a mailing address. In the case of an
21
applicant who is a judicial officer, public official, or peace
22
officer, the Secretary may allow the applicant to provide an
23
office or work address in lieu of a residence or mailing
24
address. The application form may also require the statement
25
of such additional relevant information as the Secretary of
26
State shall deem necessary to determine the applicant's

SB3495
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LRB104 17180 SPS 30599 b
1
competency and eligibility. The Secretary of State may, in his
2
discretion, by rule or regulation, provide that an application
3
for a
driver's

drivers
license or permit may include a
4
suitable photograph of the applicant in the form prescribed by
5
the Secretary, and he may further provide that each
driver's

6
drivers
license shall include a photograph of the driver. The
7
Secretary of State may utilize a photograph process or system
8
most suitable to deter alteration or improper reproduction of
9
a
driver's

drivers
license and to prevent substitution of
10
another photo thereon. For the purposes of this subsection
11
(b):
12

"Peace officer" means any person who by virtue of his or
13
her office or public employment is vested by law with a duty to
14
maintain public order or to make arrests for a violation of any
15
penal statute of this State, whether that duty extends to all
16
violations or is limited to specific violations.
17

"Public official" has the meaning given in Section 10 of
18
the Public Official Safety and Privacy Act.
19

(b-1) Every application shall state the social security
20
number of the applicant; except if the applicant is applying
21
for a standard driver's license and, on the date of
22
application, 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

SB3495
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LRB104 17180 SPS 30599 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
19
proposals for a digital driver's license and identification
20
card issuance and facial recognition system issued after
21
January 1, 2020 (the effective date of Public Act 101-513),
22
and upon implementation of a new or revised system procured
23
pursuant to that request for proposals, the
Secretary shall
24
permit applicants to choose between "male", "female" or
"X"

25
"non-binary"
when designating the applicant's sex on the
26
driver's license
or permit
application form
or when changing

SB3495
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LRB104 17180 SPS 30599 b
1
the sex listed on an issued driver's license or permit
. The sex
2
designated by the applicant shall be displayed on the driver's
3
license
or permit
issued to the applicant.
4

For an initial driver's license or permit, an applicant
5
shall designate a sex on the application form. If the
6
applicant's documents used to establish identity include a sex
7
different than the sex the applicant has designated, then the
8
applicant must submit a gender designation form.

9

An applicant who wants to change the sex listed on an
10
issued driver's license or permit must submit a gender
11
designation form.

12

The gender designation form shall only request the
13
applicant's information, gender designation statement,
14
attestation, and signature or mark. The applicant's
15
information required on the form shall be limited to name as
16
reflected on the applicant's current driver's license or
17
identification card, if applicable; current driver's license
18
or identification card number, if applicable; and residential
19
address of the applicant. The gender designation statement
20
shall allow the applicant to designate a sex on the
21
applicant's driver's license or permit as "male", "female", or
22
"X". The attestation shall state that the applicant swears,
23
under the penalty of perjury, that the request for the
24
selected gender designation is to ensure that the applicant's
25
driver's license or permit accurately reflects the applicant's
26
gender identity and is not for a fraudulent or unlawful

SB3495
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LRB104 17180 SPS 30599 b
1
purpose.

2

The Secretary of State shall not require any additional
3
question, documentation, support, certification, or
4
verification to change a gender marker.

5

The Secretary of State shall not require any documentation
6
other than the gender designation form to confirm the sex or
7
gender identity of the applicant.

8

(b-5) Every applicant for a REAL ID compliant driver's
9
license or permit shall provide proof of lawful status in the
10
United States as defined in 6 CFR 37.3, as amended.
11

(c) The application form shall include a notice to the
12
applicant of the registration obligations of sex offenders
13
under the Sex Offender Registration Act. The notice shall be
14
provided in a form and manner prescribed by the Secretary of
15
State. For purposes of this subsection (c), "sex offender" has
16
the meaning ascribed to it in Section 2 of the Sex Offender
17
Registration Act.
18

(d) Any male United States citizen or immigrant who
19
applies for any permit or license authorized to be issued
20
under this Code or for a renewal of any permit or license, and
21
who is at least 18 years of age but less than 26 years of age,
22
must be registered in compliance with the requirements of the
23
federal Military Selective Service Act. The Secretary of State
24
must forward in an electronic format the necessary personal
25
information regarding the applicants identified in this
26
subsection (d) to the Selective Service System. The

SB3495
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LRB104 17180 SPS 30599 b
1
applicant's signature on the application serves as an
2
indication that the applicant either has already registered
3
with the Selective Service System or that he is authorizing
4
the Secretary to forward to the Selective Service System the
5
necessary information for registration. The Secretary must
6
notify the applicant at the time of application that his
7
signature constitutes consent to registration with the
8
Selective Service System, if he is not already registered.
9

(e) Beginning on or before July 1, 2015, for each original
10
or renewal driver's license application under this Code, the
11
Secretary shall inquire as to whether the applicant is a
12
veteran for purposes of issuing a driver's license with a
13
veteran designation under subsection (e-5) of Section 6-110 of
14
this Code. The acceptable forms of proof shall include, but
15
are not limited to, Department of Defense form DD-214,
16
Department of Defense form DD-256 for applicants who did not
17
receive a form DD-214 upon the completion of initial basic
18
training, Department of Defense form DD-2 (Retired), an
19
identification card issued under the federal Veterans
20
Identification Card Act of 2015, or a United States Department
21
of Veterans Affairs summary of benefits letter. If the
22
document cannot be stamped, the Illinois Department of
23
Veterans Affairs shall provide a certificate to the veteran to
24
provide to the Secretary of State. The Illinois Department of
25
Veterans Affairs shall advise the Secretary as to what other
26
forms of proof of a person's status as a veteran are

SB3495
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LRB104 17180 SPS 30599 b
1
acceptable.
2

For each applicant who is issued a driver's license with a
3
veteran designation, the Secretary shall provide the
4
Department of Veterans Affairs with the applicant's name,
5
address, date of birth, gender and such other demographic
6
information as agreed to by the Secretary and the Department.
7
The Department may take steps necessary to confirm the
8
applicant is a veteran. If after due diligence, including
9
writing to the applicant at the address provided by the
10
Secretary, the Department is unable to verify the applicant's
11
veteran status, the Department shall inform the Secretary, who
12
shall notify the applicant that he or she must confirm status
13
as 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
16
States, including a member of any reserve component or
17
National Guard unit.
18

"Veteran" means a person who has served in the armed
19
forces and was discharged or separated under honorable
20
conditions.
21

(f) An applicant who is eligible for Gold Star license
22
plates under Section 3-664 of this Code may apply for an
23
original or renewal driver's license with space for a
24
designation as a Gold Star Family. The Secretary may waive any
25
fee for this application. If the Secretary does not waive the
26
fee, any fee charged to the applicant must be deposited into

SB3495
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LRB104 17180 SPS 30599 b
1
the Illinois Veterans Assistance Fund. The Secretary is
2
authorized to issue rules to implement this subsection.
3
(Source: P.A. 103-210, eff. 7-1-24; 103-933, eff. 1-1-25;
4
104-234, eff. 8-15-25; 104-443, eff. 1-1-26.)

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