When searching by article number, DO NOT include terms like, 'abc', cpl', 'pl', 'penal', 'vtl', 'att', attempt', 'article', 'degree', 'section', 'sec' or include a '-' in your search phrase. Just enter the number. For best results DO NOT include a sub-section number or letter.
|490||Definition; application for and issuance of identification card.|
|491||Period of validity of identification card; required fees.|
|492||Duplicate identification card; change of address.|
|493||Revocation of identification card.|
|495||Prohibition against transfer.|
S 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 the department of health shall not maintain records of any person who checks "skip this question". 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. 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 October 3, 2016 * 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. * NB Effective October 3, 2016 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 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. Provided, further, however, that every identification card issued to an applicant who was a member of the armed forces of the United States and received an honorable discharge or was released therefrom under honorable conditions 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. S 491. Period of validity of identification card; required fees. 1. Period of validity. An identification card shall be valid from the date of issuance until the date of expiration determined by the commissioner, except that (a) any person sixty-two years of age or older or (b) any recipient of supplemental security income benefits defined in section two hundred eight of the social services law, shall be eligible for a card which expires ten years after the date of issuance. Such dates of issuance and expiration shall be noted on the identification card. However, the prior identification card shall expire on the date of issuance of a renewal of such prior identification card. The commissioner may extend the period of validity of an identification card in a manner and form prescribed by the commissioner. 2. Fees. (a) The fee for an identification card shall be fifty cents for each six months, or any portion thereof of the identification card's validity, except that the fee which shall be charged for the issuance of any original, duplicate, or renewal identification card issued (i) any person sixty-two years of age or older or (ii) any recipient of supplemental security income benefits as defined in section two hundred eight of the social services law, shall be one dollar and fifty cents for a period of ten years. (b) The fee for a duplicate of an identification card shall be three dollars. (c) In addition to other fees prescribed herein, an additional fee shall be charged for the issuance of any original, duplicate or renewal identification card which contains a photograph of the holder. Such fee shall not exceed the additional cost of providing a photograph on an identification card rounded to the next highest twenty-five cents. (d) There shall be no fee other than a fee prescribed in paragraph (c) of this subdivision for an amended identification card. (e) In addition to any other fee prescribed in this section, an additional fee of thirty dollars shall be charged for any non-driver identification card, issued to a New York state resident who is a citizen of the United States, that can be used for certain land and sea border crossings pursuant to section 7209 of the Intelligence Reform and Terrorism Prevention Act of Two Thousand Four, Public Law 108-458, or the regulations promulgated thereunder. S 492. Duplicate identification card; change of address. 1. Lost, mutilated or destroyed identification card. In the event of the loss, mutilation or destruction of any identification card, the holder thereof may file with the commissioner proof of the facts with respect to such loss, mutilation or destruction, together with the fee prescribed by law. If the commissioner is satisfied that the applicant is entitled to a duplicate thereof, he shall issue a duplicate of the lost, mutilated or destroyed identification card. 2. Amendment of identification card. Any person holding an identification card which contains any error other than a clerical error made by the issuing agency, with respect to the information contained thereon, shall file an application with the commissioner for an amended identification card to have such error corrected. The commissioner shall require such person to submit proof acceptable to him with respect to the facts, and upon approval of such proof and the surrender of the prior identification card, the commissioner shall issue an appropriate amended identification card. 3. Change of address. It shall be the duty of every holder of an identification card to notify the commissioner in writing of any change of residence of such holder within ten days after such change occurs and to make a notation of such change of residence on the identification card in the place provided by the commissioner. S 493. Revocation of identification card. The commissioner may by regulation prescribe when and under what circumstances an identification card shall be revoked or otherwise terminated and be surrendered by the holder thereof. Provided, however, that nothing contained herein shall limit or restrict the right and power of a judge of a court of record in the state of New York to order the surrender of an identification card following a determination that said identification card has been used in connection with a violation of the provisions of section four hundred ninety-five of this article. S 494. Administrative procedure. 1. Any application required to be filed under this article shall be in a manner and on a form or forms prescribed by the commissioner. The applicant shall furnish all information required by statute and such other information as the commissioner shall deem appropriate. 2. The commissioner may promulgate regulations with respect to the administration of the provisions of this article. S 495. Prohibition against transfer. It shall be unlawful for the owner of any identification card to transfer said card to any other person. Any person who shall transfer such identification card shall be guilty of a violation, and upon conviction thereof, shall be fined not more than two hundred fifty dollars or be imprisoned for not more than fifteen days or both. Top of Page
Disclaimer: While every effort has been made to ensure that the information contained in this site is accurate and current, readers should consult with a qualified attorney before acting on any such information. No liability is assumed by this website for any losses suffered directly or indirectly by any person relying on the information because its accuracy cannot be guaranteed.