NY Veh & Traf L § 490 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 4 - Registration of Vehicles Article 17-A* - Non-Driver Identification Card 490 - Definition; Application for and Issuance of Identification Card.

§  490.  Definition;  application  for  and issuance of identification card.   1. Definition. The term "identification  card"  shall  mean  and refer  to  a  non-driver  identification  card  issued  pursuant  to the provisions of this article.   * 2. Application. Any person to whom a driver's license  or  learner's permit  has  not  been  issued  by  the  commissioner, or whose driver's license  or  learner's  permit  is  expired,   suspended,   revoked   or surrendered,  may  make application to the commissioner for the issuance of an identification card. The commissioner shall ensure that  space  is provided  on  the  application  so  that the applicant shall register or decline registration in the donate life registry for  organ  and  tissue donations  pursuant  to  section  forty-three  hundred ten of the public health law and that the following is stated on the application in  clear and conspicuous type:   "You  must  fill out the following section: Would you like to be added to the  Donate  Life  Registry?  Check  box  for  'yes'  or  'skip  this question'."   The  commissioner  of  health shall not maintain records of any person who checks "skip this question". Except where the application is made in person or electronically, failure to check a box shall  not  impair  the validity of an application, and failure to check "yes" or checking "skip this  question" shall not be construed to imply a wish not to donate. In the case of an applicant under eighteen years  of  age,  checking  "yes" shall  not constitute consent to make an anatomical gift or registration in the donate life registry, except as otherwise  provided  pursuant  to the   provisions   of  paragraph  (b)  of  subdivision  one  of  section forty-three hundred one of the public health law. Where an applicant has previously consented to make an anatomical gift  or  registered  in  the donate  life registry, checking "skip this question" or failing to check a box shall not impair that consent or registration.   * NB Effective until December 21, 2021   * 2. Application. (a)  Any  person  to  whom  a  driver's  license  or learner's  permit  has  not  been  issued  by the commissioner, or whose driver's license or learner's permit is expired, suspended,  revoked  or surrendered,  may  make application to the commissioner for the issuance of an identification card. The commissioner shall ensure that  space  is provided  on  the  application  so  that the applicant shall register or decline registration in the donate life registry for  organ  and  tissue donations  pursuant  to  section  forty-three  hundred ten of the public health law and that the following is stated on the application in  clear and conspicuous type:   "You  must  fill out the following section: Would you like to be added to the  Donate  Life  Registry?  Check  box  for  'yes'  or  'skip  this question'."   The  commissioner  of  health shall not maintain records of any person who checks "skip this question". Except where the application is made in person or electronically, failure to check a box shall  not  impair  the validity of an application, and failure to check "yes" or checking "skip this  question" shall not be construed to imply a wish not to donate. In the case of an applicant under eighteen years  of  age,  checking  "yes" shall  not constitute consent to make an anatomical gift or registration in the donate life registry, except as otherwise  provided  pursuant  to the   provisions   of  paragraph  (b)  of  subdivision  one  of  section forty-three hundred one of the public health law. Where an applicant has previously consented to make an anatomical gift  or  registered  in  the donate  life registry, checking "skip this question" or failing to check a box shall not impair that consent or registration.  (b) The identification card shall display the sex designation of M, F, or X as certified by the applicant,  with  no  additional  documentation required.   The  applicant  may  amend  the  sex  designation  of  their identification card upon request.   * NB Effective December 21, 2021   3.  Issuance.  (a)  (i)  The  commissioner shall upon submission of an appropriate application, upon payment of the prescribed  fee,  and  upon being satisfied that the person described is the applicant and that such applicant  meets  the  requirements set forth in subdivision two of this section, issue to such applicant a nontransferable identification  card. In  addition,  the commissioner also shall require that an applicant for an identification card or renewal thereof  provide  his  or  her  social security  number.  The  commissioner  shall  provide  space  so  that an applicant may request a notation upon such identification card  that  he or she is a veteran of the United States armed forces.  (ii)  In  the  case of a person (A) sixty-two years of age or older or (B) a recipient of supplemental security income benefits as  defined  in section  two hundred eight of the social services law, application for a card which expires ten years after the date of issuance shall be made on a form prescribed by the commissioner and shall include proof that  such person  is  sixty-two  years  of  age  or  older  or a recipient of such supplemental security income benefits, as the case may be.  (iii) Notwithstanding  any  other  law,  rule  or  regulation  to  the contrary, a person who is either (A) sixty-two years of age or older and a  recipient of supplemental security income benefits or (B) a recipient of public assistance, as defined in subdivision nineteen of section  two of  the  social  services law, supplemental nutrition assistance program benefits, pursuant to section ninety-five of the social services law, or medical  assistance,  as  defined  in  paragraph  (a)   of   subdivision thirty-eight  of section two of the social services law, and who has not been issued a driver's license, or whose driver's license is expired, or who surrendered  his  or  her  driver's  license,  shall  be  issued  an identification  card without the payment of any fee, upon submitting the appropriate application. For persons applying for an identification card pursuant to clause (B) of  this  subparagraph,  such  application  shall include  proof  that  such  person  is  in receipt of public assistance, supplemental  nutrition  assistance   program   benefits,   or   medical assistance, as the case may be.  (b)  The  identification card shall contain a distinguishing number or mark and adequate space upon  which  an  anatomical  gift,  pursuant  to article  forty-three  of  the  public  health  law, by the holder may be recorded and shall contain such other information and shall be issued in such form as the commissioner shall determine; provided, however,  every identification  card or renewal thereof issued to a person under the age of  twenty-one  years  shall  have  prominently  imprinted  thereon  the statement  "UNDER  21  YEARS  OF  AGE"  in  notably distinctive print or format. Provided,  further,  however,  that  every  identification  card issued  to  an  applicant  who  was  a member of the armed forces of the United States and (i) received an honorable discharge  or  was  released therefrom   under   honorable  conditions,  or  (ii)  has  a  qualifying condition, as defined in section three hundred fifty  of  the  executive law, and has received a discharge other than bad conduct or dishonorable from  such service, or (iii) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law,  and  has  received  a discharge  other  than  bad  conduct  or dishonorable from such service, shall, upon his or her request and submission  of  proof  as  set  forth herein,  contain a distinguishing mark, in such form as the commissioner shall determine, indicating that he or she  is  a  veteran.  Such  proof  shall  consist of a certificate of release or discharge from active duty including but not limited to a DD Form 214 or other  proof  satisfactory to  the  commissioner.  The  commissioner shall not require fees for the issuance  of  such  identification  cards or renewals thereof to persons under twenty-one years of age which are different from the fees required for the issuance of identification cards or renewals thereof to  persons twenty-one  years  of  age  or  over,  nor  fees to persons requesting a veteran distinguishing mark which are different  from  fees  that  would otherwise  be  required.  Provided,  however,  that  notwithstanding the provisions of section four  hundred  ninety-one  of  this  article,  the commissioner shall not require any fees for the duplication or amendment of  an  identification  card prior to its renewal if such duplication or amendment was solely for the purpose of adding a veteran  distinguishing mark to such identification card.  (c)  The  identification  card  may also contain the photograph of the holder pursuant to regulations  established  by  the  commissioner.  Any photograph   taken   as   part  of  the  application  procedure  for  an identification card shall not be a public record.