S T A T E O F N E W Y O R K
________________________________________________________________________
5054
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
___________
Introduced by M. of A. MENG, PHEFFER, DelMONTE, N. RIVERA, SPANO --
Multi-Sponsored by -- M. of A. COLTON, GREENE, REILLY, WEISENBERG --
read once and referred to the Committee on Consumer Affairs and
Protection
AN ACT to amend the social services law, the education law, the vehicle
and traffic law and the administrative code of the city of New York,
in relation to prohibiting the use of social security numbers on iden-
tification cards
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 9 of section 131 of the social services law, as
added by chapter 103 of the laws of 1971 and as renumbered by chapter
473 of the laws of 1978, is amended to read as follows:
9. Upon determining that a person is eligible for any form or category
of public assistance, the social services official shall issue to any
such person to whom payment is to be made, an appropriate identification
card, with a photograph affixed, in a form approved by the department,
which shall be used as the department, by regulation, may prescribe for
improved administration. Any person, including the drawee bank, may
require the presentation of such identification card as a condition for
the acceptance and payment of a public assistance check. NOTWITHSTAND-
ING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, IDENTIFICATION CARDS
ISSUED IN CONNECTION WITH PUBLIC ASSISTANCE BENEFITS SHALL NOT USE THE
APPLICANT'S SOCIAL SECURITY NUMBER OR ANY PORTION THEREOF AS THE IDEN-
TIFICATION NUMBER OR OTHERWISE DISPLAY THE APPLICANT'S SOCIAL SECURITY
NUMBER.
S 2. Paragraphs (b) and (c) of subdivision 3 of section 366-a of the
social services law, paragraph (b) as amended by chapter 41 of the laws
of 1992, and paragraph (c) as added by chapter 198 of the laws of 1975,
are amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05215-02-9
A. 5054 2
(b) notify the applicant in writing of the decision, and where such
applicant is found eligible, provide a tamper resistant identification
card containing a photo image of the applicant for use in securing
medical assistance under this title provided, however, that an identifi-
cation card need not contain a photo image of a person other than an
adult member of an eligible household or a single-person eligible house-
hold. The department is not required to provide, but shall seek practi-
cal methods for providing, a card with such picture to a person when
such person is homebound or is a resident of a residential health care
facility, or an in-patient psychiatric facility, or is expected to
remain hospitalized for an extended period. The commissioner shall have
the authority to define categories of recipients who are not required to
have a photo identification card where such card would be limited,
unnecessary or impracticable. EACH SUCH IDENTIFICATION CARD SHALL SET
FORTH AN IDENTIFICATION NUMBER ASSIGNED TO THE APPLICANT BY THE DEPART-
MENT; PROVIDED THAT SUCH NUMBER SHALL NOT BE THE APPLICANT'S SOCIAL
SECURITY NUMBER OR ANY PORTION THEREOF.
(c) with respect to a person determined eligible for assistance under
this title by the federal social security administration under an agree-
ment between the department and the secretary of health, education and
welfare pursuant to section three hundred sixty-three-b of this title
issue a medical assistance identification card which shall be valid for
periods determined by the local social services official, but not to
exceed six months. EACH SUCH IDENTIFICATION CARD SHALL SET FORTH AN
IDENTIFICATION NUMBER ASSIGNED TO THE APPLICANT BY THE DEPARTMENT;
PROVIDED THAT SUCH NUMBER SHALL NOT BE THE APPLICANT'S SOCIAL SECURITY
NUMBER OR ANY PORTION THEREOF.
S 3. Subdivision 3 of section 367-b of the social services law, as
added by chapter 639 of the laws of 1976, is amended to read as follows:
3. Upon notice to a social services district in accordance with subdi-
vision two OF THIS SECTION, that the department intends to assume
payment responsibilities on behalf of such district, (a) such district
shall promptly submit to the department requested information regarding
each person who applies for or has been determined eligible for medical
assistance and each provider of medical assistance in such district; and
(b) notwithstanding the provisions of paragraph (b) of subdivision three
of section three hundred sixty-six-a of this [chapter] TITLE, the
department shall provide each person found by such district to be eligi-
ble for medical assistance under this title with a medical assistance
identification card. EACH SUCH IDENTIFICATION CARD SHALL SET FORTH AN
IDENTIFICATION NUMBER ASSIGNED TO THE APPLICANT BY THE DEPARTMENT;
PROVIDED THAT SUCH NUMBER SHALL NOT BE THE APPLICANT'S SOCIAL SECURITY
NUMBER OR ANY PORTION THEREOF.
S 4. Section 2554-c of the education law, as amended by chapter 88 of
the laws of 1979, is amended to read as follows:
S 2554-c. Identification photos of senior high school, junior high
school or intermediate school students in the city school district of
the city of New York. Upon the recommendation of the principal of a
senior high school, junior high school or intermediate school and
subject to the approval of the community superintendent for junior high
schools or intermediate schools and chancellor for senior high schools,
students enrolled in a senior high school, junior high school or inter-
mediate school may be required to be photographed for purposes of iden-
tification. The principal of such school may designate the photographer
to be used, but the student may not be charged for the cost of such
photograph. If required by the principal, such photograph shall be taken
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within three months after the student's admission to such school. Such
photograph shall be kept within the school at a place designated by the
principal. At the discretion of the principal, and subject to the
approval of the community superintendent for junior high schools or
intermediate schools and chancellor for senior high schools, an iden-
tification card bearing a photograph of each student may also be
required to be kept on the person of such student during hours when the
student is attending such school. NOTWITHSTANDING ANY PROVISION OF THIS
CHAPTER TO THE CONTRARY, IDENTIFICATION CARDS ISSUED PURSUANT TO THIS
SECTION SHALL NOT USE THE STUDENT'S SOCIAL SECURITY NUMBER OR ANY
PORTION THEREOF AS THE IDENTIFICATION NUMBER OR OTHERWISE DISPLAY THE
STUDENT'S SOCIAL SECURITY NUMBER.
S 5. Section 2-b of the education law, as added by chapter 214 of the
laws of 2000, is amended to read as follows:
S 2-b. Use of student social security numbers restricted. No public or
private elementary or secondary school or college as defined in section
two of this article shall display any student's social security number,
OR ANY PORTION THEREOF, to identify such student for posting or public
listing of grades, on class rosters or other lists provided to teachers,
on student identification cards, in student directories or similar list-
ings, or, unless specifically authorized or required by law, for any
public identification purpose.
S 6. Subparagraph (i) of paragraph (a) of subdivision 3 of section 490
of the vehicle and traffic law, as amended by chapter 235 of the laws of
2002, is amended to read as follows:
(i) The commissioner shall upon submission of an appropriate applica-
tion, 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.
NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, IDENTIFI-
CATION CARDS ISSUED PURSUANT TO THIS SECTION SHALL NOT USE THE APPLI-
CANT'S SOCIAL SECURITY NUMBER OR ANY PORTION THEREOF AS THE IDENTIFICA-
TION NUMBER.
S 7. Section 504 of the vehicle and traffic law is amended by adding a
new subdivision 4 to read as follows:
4. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY,
LICENSES, TEMPORARY LICENSES AND LEARNERS PERMITS ISSUED PURSUANT TO
THIS SECTION SHALL NOT USE THE APPLICANT'S SOCIAL SECURITY NUMBER OR ANY
PORTION THEREOF AS AN IDENTIFICATION NUMBER.
S 8. Subdivision a of section 17-1003 of the administrative code of
the city of New York, as added by local law number 19 of the city of New
York for the year 2005, is amended to read as follows:
a. The department shall develop a prescription drug discount card
program which shall be made available to all New York city residents,
regardless of age, income, immigration status or health insurance cover-
age status, for the purpose of providing all New York city residents
with a prescription drug discount card which may be used to buy
prescription drugs at reduced prices at participating pharmacies. Such
prescription drug discount card program shall enable each user of such
program to purchase at a reduced price from a pharmacy that participates
in the program any prescription drug that is eligible for a discount
through such program. The prescription drug discount card program shall
allow users to purchase a drug at the lower of either the drug price
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available through the prescription drug discount card program or the
pharmacy's customary and usual price. Any prescription drug discount
card issued pursuant to this section may not be utilized in conjunction
with another type of prescription drug discount card for the same trans-
action. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY,
IDENTIFICATION CARDS ISSUED IN CONNECTION WITH ANY SUCH PRESCRIPTION
DRUG DISCOUNT PROGRAM SHALL NOT USE THE USER'S SOCIAL SECURITY NUMBER OR
ANY PORTION THEREOF AS THE IDENTIFICATION NUMBER OR OTHERWISE DISPLAY
THE USER'S SOCIAL SECURITY NUMBER.
S 9. The administrative code of the city of New York is amended by
adding a new section 21-133 to read as follows:
S 21-133 IDENTIFICATION CARDS. NOTWITHSTANDING ANY PROVISION OF LAW TO
THE CONTRARY, IDENTIFICATION CARDS ISSUED TO RECIPIENTS OF SERVICES
PROVIDED PURSUANT TO THIS TITLE SHALL NOT USE THE RECIPIENT'S SOCIAL
SECURITY NUMBER OR ANY PORTION THEREOF AS AN IDENTIFICATION NUMBER OR
OTHERWISE DISPLAY THE RECIPIENT'S SOCIAL SECURITY NUMBER.
S 10. Subdivision d of section 22-203 of the administrative code of
the city of New York, as added by local law number 50 of the city of New
York for the year 1995, is amended to read as follows:
d. A photo identification card issued pursuant to this section shall
bear a photograph of the person to whom it was issued and such other
identifying information as may be specified by the commissioner.
NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IDENTIFICATION
CARDS, PROVISIONAL IDENTIFICATION CARDS, TEMPORARY IDENTIFICATION CARDS
AND DAY PASSES ISSUED PURSUANT TO THIS CHAPTER SHALL NOT USE THE APPLI-
CANT'S SOCIAL SECURITY NUMBER OR ANY PORTION THEREOF AS AN IDENTIFICA-
TION NUMBER OR OTHERWISE DISPLAY THE APPLICANT'S SOCIAL SECURITY NUMBER.
S 11. Section 22-216 of the administrative code of the city of New
York is amended by adding a new subdivision g to read as follows:
G. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IDENTIFICA-
TION CARDS, LICENSES OR REGISTRATIONS ISSUED PURSUANT TO THIS TITLE
SHALL NOT USE THE APPLICANT'S SOCIAL SECURITY NUMBER OR ANY PORTION
THEREOF AS AN IDENTIFICATION NUMBER OF OTHERWISE DISPLAY THE APPLICANT'S
SOCIAL SECURITY NUMBER.
S 12. Subdivision a of section 22-252 of the administrative code of
the city of New York, as added by local law number 28 of the city of New
York for the year 1997, is amended to read as follows:
a. It shall be unlawful for any person to be an employee or a princi-
pal working in a wholesale business or market business in a market
unless such person has obtained a photo identification card issued by
the commissioner pursuant to the provisions of this chapter or for a
person to work on an occasional basis in a market unless such person has
obtained a day pass issued by the commissioner. The commissioner shall
set forth by rule the number of occasions within a specified time period
that shall constitute occasional work to meet unanticipated needs of
businesses in the market and shall make reasonable provision to delegate
authority for the issuance of day passes on a twenty-four hour basis to
persons hired to work by wholesalers and market businesses on an occa-
sional basis. A photo identification card shall be in the possession of
an employee or principal at all times when such person is in the market
and shall be produced upon demand by an authorized employee or agent of
the department, the department of investigation or the police depart-
ment. The commissioner shall make provision for temporary photo iden-
tification cards to be issued pending the processing of applications for
permanent photo identification cards and for the expedited issuance of
photo identification cards to family members of principals of a whole-
A. 5054 5
saler or market business and others who work on a seasonal basis. A
temporary identification card shall cease to be valid, and shall be
returned to the department, upon the refusal to issue a photo identifi-
cation card pursuant to subdivision d of this section or denial of
registration to the business in which the person applying for such iden-
tification card is a principal or is employed. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, IDENTIFICATION CARDS, TEMPORARY IDEN-
TIFICATION CARDS AND DAY PASSES ISSUED PURSUANT TO THIS CHAPTER SHALL
NOT USE THE APPLICANT'S SOCIAL SECURITY NUMBER OR ANY PORTION THEREOF AS
AN IDENTIFICATION NUMBER OR OTHERWISE DISPLAY THE APPLICANT'S SOCIAL
SECURITY NUMBER.
S 13. This act shall take effect on the ninetieth day after it shall
have become a law.