Legislation
State: Illinois
Signed: August 07, 2026
Effective: January 01, 2027
Chapter: Public Act No. 104-821
SummarySenate Bill 3449 clarifies the use of mobile IDs and mobile driver’s licenses by requiring standardized authentication, strengthening privacy protections, limiting retention of identification data, and reaffirming that mobile credentials supplement rather than replace physical credentials.
AffectsAmends 15 ILCS 335/4, 15 ILCS 335/14D, 625 ILCS 5/6-101, and 625 ILCS 5/6-117.1.
Changes
- Requires relying parties to authenticate mobile identification cards in accordance with applicable AAMVA standards before accepting them.
- Limits relying parties to requesting only the mobile identification card data elements necessary to complete the transaction.
- Requires mobile identification card holders to carry their physical identification card even when using a mobile identification card.
- Prohibits relying parties, including law enforcement, from taking physical possession of a person’s mobile device to verify a mobile identification card.
- Requires mobile identification card holders, upon lawful request, to produce the physical identification card.
- Restricts retention of information obtained from an identification card to no longer than is strictly necessary for the purpose for which the information was provided.
- Extends those identification-card information-protection rules to mobile identification cards.
- Requires relying parties to authenticate mobile driver’s licenses in accordance with applicable AAMVA standards before accepting them.
- Limits relying parties to requesting only the mobile driver’s license data elements necessary to complete the transaction.
- Requires mobile driver’s license holders to carry their physical driver’s license even when using a mobile driver’s license.
- Prohibits relying parties, including law enforcement, from taking physical possession of a person’s mobile device to verify a mobile driver’s license.
- Requires mobile driver’s license holders, upon lawful request, to produce the physical driver’s license.
- Restricts retention of information obtained from a driver’s license to no longer than is strictly necessary for the purpose for which the information was provided.
- Extends those driver’s-license information-protection rules to mobile driver’s licenses.
AnalysisSenate Bill 3449 modernizes Illinois’ framework for mobile identification cards and mobile driver’s licenses in ways that could affect Notaries Public who rely on government-issued identification. The practical significance is that the new law strengthens privacy protections and establishes clearer rules for the verification of mobile IDs, but it does not create a new notarial identification method or eliminate the continued importance of physical credentials. Instead, it provides a clearer legal framework for the use, authentication, and handling of mobile forms of identification that may increasingly be presented during notarizations.
Read Senate Bill 3449.