N.Y. Veh. & Traf. Law § 490

§ 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. 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. Where an applicant has previously consented\nto make an anatomical gift or registered in the donate life registry,\nchecking "skip this question" or failing to check a box shall not impair\nthat consent or registration.\n * NB Effective until October 3, 2016\n * 2. Application. 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.\n * NB Effective October 3, 2016\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 sixty-two years of age or older and who is a\nrecipient of supplemental security income benefits who has not been\nissued a driver's license, or whose driver's license is expired, or who\nsurrendered his or her driver's license, shall be issued an\nidentification card without the payment of any fee, upon submitting the\nappropriate application.\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 received an honorable discharge or was released\ntherefrom under honorable conditions shall, upon his or her request and\nsubmission of proof as set forth herein, contain a distinguishing mark,\nin such form as the commissioner shall determine, indicating that he or\nshe is a veteran. Such proof shall consist of a certificate of release\nor discharge from active duty including but not limited to a DD Form 214\nor other proof satisfactory to the commissioner. The commissioner shall\nnot require fees for the issuance of such identification cards or\nrenewals thereof to persons under twenty-one years of age which are\ndifferent from the fees required for the issuance of identification\ncards or renewals thereof to persons twenty-one years of age or over,\nnor fees to persons requesting a veteran distinguishing mark which are\ndifferent from fees that would otherwise be required. Provided, however,\nthat notwithstanding the provisions of section four hundred ninety-one\nof this article, the commissioner shall not require any fees for the\nduplication or amendment of an identification card prior to its renewal\nif such duplication or amendment was solely for the purpose of adding a\nveteran distinguishing mark 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