§ 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.