Section 490. Definition; application for and issuance of identification card  


Latest version.
  • 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.
        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.
        (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 sixty-two years of age or older and who  is  a
      recipient  of  supplemental  security  income  benefits 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.
        (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. 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.
        (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.