§ 490 — Definition; application for and issuance of identification card

New York § 490

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 4: Registration of Vehicles
• Art. 17-A*: Non-driver Identification Card

Text

§ 490. Definition; application for and issuance of identification\ncard. 1. Definition. The term "identification card" shall mean and\nrefer to a non-driver identification card issued pursuant to the\nprovisions of this article.\n 2. Application. (a) Any person to whom a driver's license or learner's\npermit has not been issued by the commissioner, or whose driver's\nlicense or learner's permit is expired, suspended, revoked or\nsurrendered, may make application to the commissioner for the issuance\nof an identification card. The commissioner shall ensure that space is\nprovided on the application so that the applicant shall register or\ndecline registration in the donate life registry for organ and tissue\ndonations pursuant to section forty-three hundred ten of the public\nhealth law and that the following is stated on the application in clear\nand conspicuous type:\n "You must fill out the following section: Would you like to be added\nto the Donate Life Registry? Check box for 'yes' or 'skip this\nquestion'."\n The commissioner of health shall not maintain records of any person\nwho checks "skip this question". Except where the application is made in\nperson or electronically, failure to check a box shall not impair the\nvalidity of an application, and failure to check "yes" or checking "skip\nthis question" shall not be construed to imply a wish not to donate. In\nthe case of an applicant under eighteen years of age, checking "yes"\nshall not constitute consent to make an anatomical gift or registration\nin the donate life registry, except as otherwise provided pursuant to\nthe provisions of paragraph (b) of subdivision one of section\nforty-three hundred one of the public health law. Where an applicant has\npreviously consented to make an anatomical gift or registered in the\ndonate life registry, checking "skip this question" or failing to check\na box shall not impair that consent or registration.\n (b) The identification card shall display the sex designation of M, F,\nor X as certified by the applicant, with no additional documentation\nrequired. The applicant may amend the sex designation of their\nidentification card upon request.\n * 2-a. Solicitation for applicant to consent to share certain\ninformation with the C.W. Bill Young Cell Transplantation Program\nestablished in 42 U.S.C. Section 274k or the national marrow donor\nprogram ("registry operator") for the purpose of receiving information\nabout enrolling in the national registry of volunteer bone marrow or\nblood cell donors. In addition to the provisions of subdivision two of\nthis section, the commissioner shall ensure that space is provided on\nthe application for an identification card or renewal thereof to advise\napplicants of the existence of the national registry and to allow for\napplicants to consent to sharing their information with the registry\noperator for the purposes of receiving information from the national\nmarrow donor program about enrolling as a potential volunteer bone\nmarrow or blood cell donor on the national registry. Such information\nrelated to the consenting applicant shared with the registry operator\nshall be limited to the first and last name, date of birth, email\naddress, and physical address.\n * NB Effective January 1, 2028\n 3. Issuance. (a) (i) The commissioner shall upon submission of an\nappropriate application, upon payment of the prescribed fee, and upon\nbeing satisfied that the person described is the applicant and that such\napplicant meets the requirements set forth in subdivision two of this\nsection, issue to such applicant a nontransferable identification card.\nIn addition, the commissioner also shall require that an applicant for\nan identification card or renewal thereof provide his or her social\nsecurity number. The commissioner shall provide space so that an\napplicant may request a notation upon such identification card that he\nor she is a veteran of the United States armed forces.\n (ii) In the case of a person (A) sixty-two years of age or older or\n(B) a recipient of supplemental security income benefits as defined in\nsection two hundred eight of the social services law, application for a\ncard which expires ten years after the date of issuance shall be made on\na form prescribed by the commissioner and shall include proof that such\nperson is sixty-two years of age or older or a recipient of such\nsupplemental security income benefits, as the case may be.\n (iii) Notwithstanding any other law, rule or regulation to the\ncontrary, a person who is either (A) sixty-two years of age or older and\na recipient of supplemental security income benefits or (B) a recipient\nof public assistance, as defined in subdivision nineteen of section two\nof the social services law, supplemental nutrition assistance program\nbenefits, pursuant to section ninety-five of the social services law, or\nmedical assistance, as defined in paragraph (a) of subdivision\nthirty-eight of section two of the social services law, and who has not\nbeen issued a driver's license, or whose driver's license is expired, or\nwho surrendered his or her driver's license, shall be issued an\nidentification card without the payment of any fee, upon submitting the\nappropriate application. For persons applying for an identification card\npursuant to clause (B) of this subparagraph, such application shall\ninclude proof that such person is in receipt of public assistance,\nsupplemental nutrition assistance program benefits, or medical\nassistance, as the case may be.\n (b) The identification card shall contain a distinguishing number or\nmark and adequate space upon which an anatomical gift, pursuant to\narticle forty-three of the public health law, by the holder may be\nrecorded and shall contain such other information and shall be issued in\nsuch form as the commissioner shall determine; provided, however, every\nidentification card or renewal thereof issued to a person under the age\nof twenty-one years shall have prominently imprinted thereon the\nstatement "UNDER 21 YEARS OF AGE" in notably distinctive print or\nformat. Provided, further, however, that every identification card\nissued to an applicant who was a member of the armed forces of the\nUnited States and (i) received an honorable discharge or was released\ntherefrom under honorable conditions, or (ii) has a qualifying\ncondition, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, or (iii) is a discharged LGBT veteran, as defined in\nsection one of the veterans' services law, and has received a discharge\nother than bad conduct or dishonorable from such service, shall, upon\nhis or her request and submission of proof as set forth herein, contain\na distinguishing mark, in such form as the commissioner shall determine,\nindicating that he or she is a veteran. Such proof shall consist of a\ncertificate of release or discharge from active duty including but not\nlimited to a DD Form 214 or other proof satisfactory to the\ncommissioner. The commissioner shall not require fees for the issuance\nof such identification cards or renewals thereof to persons under\ntwenty-one years of age which are different from the fees required for\nthe issuance of identification cards or renewals thereof to persons\ntwenty-one years of age or over, nor fees to persons requesting a\nveteran distinguishing mark which are different from fees that would\notherwise be required. Provided, however, that notwithstanding the\nprovisions of section four hundred ninety-one of this article, the\ncommissioner shall not require any fees for the duplication or amendment\nof an identification card prior to its renewal if such duplication or\namendment was solely for the purpose of adding a veteran distinguishing\nmark to such identification card.\n (c) The identification card may also contain the photograph of the\nholder pursuant to regulations established by the commissioner. Any\nphotograph taken as part of the application procedure for an\nidentification card shall not be a public record.\n