2023 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. (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.
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 one of the veterans' services 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  one of the veterans' services 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.