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Article 17A* - NY Vehicle and Traffic Law

NON-DRIVER IDENTIFICATION CARD

Section Description
490Definition; application for and issuance of identification card.
491Period of validity of identification card; required fees.
492Duplicate identification card; change of address.
493Revocation of identification card.
494Administrative procedure.
495Prohibition against transfer.
* NB There are two Art 17-A's
  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 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. 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 February 14, 2017
    **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.
    ** NB Effective February 14, 2017
    * NB Effective until October 3, 2020
    * 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, 2020
    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.

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