NEW YORK STATE ASSOCIATION OF COUNTY CLERKS

JUDITH M. HUNTER, PRESIDENT

August 2, 2019

Judith M. Hunter, President

Steuben County Clerk
3 East Pulteney Square
Bath, NY 14810

NYS DMV Commissioner Mark Schroeder

NYS DMV
6 Empire State Plaza
Albany NY 12228

RE: Questions and Concerns as Related to the Passage and Signing of the Green Light Bill
Dear Commissioner Schroeder,
As you are aware, the NYS Association of County Clerks has had numerous discussions and several
meetings in regards to the above. Since 51 of us serve as your agents, we not only appreciate your
attention to the following, but anticipate and hope for awareness of our unique situation regarding the
implementation of the above mentioned law, and inclusion of said clerks in the interpretation, and
subsequent decisions related to same.
Below you will find a list of questions and concerns that have come from our membership. We look
forward to meeting with you and your team in the very near future to discuss this list and how we move
forward together. We have appreciated having a working relationship with the NYS DMV in the past and
hope that this will prove no different. We understand the mutual goals that we each have, namely
providing the best possible customer service while implementing and following the various laws and
procedures. We, each of us who have a DMV in our counties, work very hard to maintain this symbiotic
relationship that we have with NYS DMV and hope this relationship is as valued as we feel it should be.
I look forward to hearing from you as soon as possible in regards to the questions and concerns as set
forth, as a start, regarding how this is going to work for NYS and to your addressing the same during the
NYSACC Fall Conference in Utica on October 7th. I am at your disposal.

Regards,

Judith M. Hunter, President

NYS Association of County Clerks

CC: Stephen J. Acquario, NYS Association of Counties

Voting
1. The technology is in place that should be activated to prevent someone without a social
security number from even having the option to sign up to vote, thereby eliminating the
need for the Board of Elections to have to come up with additional staff and resources to
verify people’s voting status eligibility.

Fraud and Processing

1. Start at the State. Those applying for a license under this provision should be required to
be vetted through the state DMV, for which there are adequate state-run facilities
statewide. State-run DMV offices are located in New York City, Nassau, Suffolk,
Westchester, Rockland, Albany and Onondaga counties. This will ensure applicants’
identity documents are translated and checked for fraud by trained professionals who
completely understand how to detect fraudulent documents. (DE, IL, CO)
2. Software and fraud detection tools. Will the State DMV provide fraud detection software
to county DMV offices to help expedite fraudulent document detection and to help move
along transaction times?
3. Other states require a criminal background check for any applicant who doesn’t provide a
Social Security Number to ensure the person doesn’t have a conflict in identity. (DE, CT)
will NY adopt this rule?
4. Other states require a thumbprint or fingerprint as a means to identify a person. (CA, UT,
NM, DE, IL), will NYS adopt this rule?
5. Require in person renewal with new photograph taken. (IL, NV, MD, CT)
6. Provide a list of approved foreign passports, consular cards, and driver licenses, including
the issuance dates for each. (CA, WA, MD, IL)
7. If fraudulent documents are detected, bar the applicant from applying again for at least
one year (WA- 364 days). Anyone with a criminal history of identity theft should be
permanently disqualified from receiving a driver’s license under this Act. (CT)
8. How are we verifying the foreign documents? What points are being assigned to these
foreign documents?
9. As per the amended VTL Section 502 (Section 3, subdiv 1) which allows an affidavit to be
submitted stating no SSN has been issued, what language will this be in and can citizens
also use it if they do not have their Social Security card with them?
10. Our current procedure requires those in the country as foreigners applying for NYS
Driving privileges’ who HAVE legal documentation allowing them here to go through a
“SAVE” verification process whereby DMV offices must fax the documentation to NYS
DMV for review, a background check and approval (or disapproval). Will this standard
also be adopted for ALL foreigners in this country regardless of status? Will this be
waived for those in the country legally or with proper documentation?
11. What will the procedure be in we are able to determine that a presented document is
fraudulent? How is that determined? Are we no longer required to do that for ALL
customers? Will there still be visits from DFI?
12. Are Social Security cards going to be required or will they have to have a letter of
ineligibility? And will that letter have to be faxed to Albany for approval first?
13. How will the language barrier be addressed? Will cell phone translator be utilized? Will
interpreters be assigned to county offices? If so, will they be required to have NY ID (6
pts) and will we be using interpreter forms as is the case in state offices now.
14. How will DMV staff overcome language barriers when administering the eye test? Will
the eye test still be administered in English?
15. Will there be a check or verification made on individuals who claim not to have a social
security number, to ensure they do not have one?
16. What documentation will be allowed and what will the point values be? Are the
requirements for 6 points of ID still in place?
17. Exactly what kind of documents can we turn away if they look fraudulent?
18. Chapter 37, Section 3 (1)
This section adds documentation to the list of acceptable proofs of name and age.
“a valid, unexpired foreign passport issued by the applicant’s country of citizenship
(which shall also be eligible as proof of age)”
• Is a foreign passport considered valid without a valid visa and either an I-94 or
I-551 stamp?
• Is proof of age the same as date of birth?
• What is the point value of the document?
“a valid unexpired consular identification document issued by a consulate from the
applicants country of citizenship”, so specifically asking what documentation will be
allowed, required and what point values will be given to said documentation?
19. Many states already doing this have the following requirements: Translation of foreign
documents to English and interpretation services. Require applicants to provide
translated documents from a state-certified or approved translation service/individual
along with the original documents. All expenses for translation services shall be at the
applicant’s expense. Require translators and interpreters to sign an affidavit affirming the
complete and accurate translation, attest to their competence to translate the foreign
language to English, and that they are proficient in both languages. Require an
interpreter to be at least 18 years of age with a valid driver license or US issued
identification document. (NM, HI, CO, CA, UT, NV, DE, CT, VT, DC) will NYS be adopting
similar rules?

20. Several states require an Individual Taxpayer Identification Number (ITIN). (CO, UT, DE), is
this something that NYS will consider?
21. Colorado requires any foreign documents presented must contain full legal name, date of
birth, date of issuance, country of issuance and a photograph, will NYS be doing this?
22. Will documentation be required or is it required that names match on documentation
presented, and if different that it will be required that supporting documentation
showing the name change be presented?
 23. Two states designate specific countries from which foreign documents will be accepted.
(WA, VT), will NY be doing this?
24. Require any Consular Cards presented to be issued from a Consular Office in New York
State.
25. Colorado requires an affidavit that the applicant has applied to become lawfully present
within the US or they will apply to be lawfully present as soon as they are eligible, will
NYS adopt this rule? They also require proof that they’ve been a NYS resident for the
previous 24 months with current residency proof, is that part of the plan for NYS?
26. Require three documents to prove NYS residency: one document from the current year;
a second document to show NYS residency from the previous year; a third document to
show residency from two years prior; all documents must provide dates to confirm
residency during each time period. (CO)

Training
1. Training. County DMV staff are not trained in the examination of or detection of
fraudulent foreign documents. If the State will not be the first step in the identification
process, as an alternative the State DMV should offer a regularly scheduled training
program for DMV clerks who are expected to examine foreign documents for fraud or
mutations. This training should be offered to current employees at least every six
months to ensure clerks have the most up to date information regarding document styles
and fraud detection devices/techniques and at no cost to the counties. New hires should
be offered the state training within the first thirty days of their hiring.
2. Will offices be trained on documents that are acceptable? Or,
3. Will clerks be trained on foreign passport or will we continue to fax documents for
verification to Albany (Tiffany). If so, how will call backs be handled? Will undocumented
immigrants need to get back with DMV or will the burden be on the clerks to inform
undocumented immigrants whether or not they are eligible for licensing?

Document Design and validity:

1. Many of the other states already issuing these have printed clearly on the card “Drive
Only. Not Valid for Identification” or similar language to ensure these documents
obtained by someone who didn’t provide a social security number are used only for
driving as the law intends. (DE, HI, UT, IL, WA, CO, CT, NV, VT, MD, CA) They also use a
unique color scheme, design or indicator to differentiate a Standard License issued for
driving privileges only from a Standard license issued for identification and driving
privileges and from federal purpose licenses. This would help federal employees, law
enforcement; store clerks, bank tellers and anyone who must accept a driver license as a
form of identification determine if the card presented is authorized to be used for
identification purposes or solely for driving privileges. (DE, MD, CA, UT, MD, HI, CO, DC)
Is NYS considering this?
 2. Will they have a temp visitor date on the license and will the license expire on that date
also?
3. Will applicants be able to apply for non-driver ID cards?
4. Will class “E” or non-CDL-C licenses be available to undocumented immigrants?
5. How long will the license for undocumented immigrants be valid for?
6. How will the license be coded for DMV clerks and law enforcement to determine validity?
7. How will children of undocumented immigrants be addressed? Are they eligible for
NDID? Additionally, in cases where the children are of legal permit age what is required?
8. Will the Commissioner exercise his right under the law to make these drivers’ licenses as
different in appearance as possible from a standard license (e.g. different color, format,
large font for “Not for Federal Purposes”, also include verbiage such as “Not for
Identification Purposes” or “For Driving Only”)?

Implementation Dates/Issues:
1. Address the time gap between December 14, 2019 and October 1, 2020. As you are
aware, the federal REAL ID Act goes into effect October 1, 2020—ten-and-a-half months
after the state law takes effect. This provides an opportunity for nefarious people to
board an aircraft, enter a secure federal building, enter a nuclear site or enter a military
base using a driver license obtained under this law. Is NYS DMV able to provide
assurances against this type of action by nefarious people and address this potentially
dangerous period of time?
2. Given that beginning December 16, 2019 New York State will begin to issue functionally
identical standard “not for federal purpose licenses” to applicants regardless of lawful
presence, will the October 1, 2020 REAL ID compliance requirement be advanced to
December 16, 2019? Will our residents who currently believe they have 15 months to
upgrade their standard NYS license now have only 6 months?
3. How will undocumented immigrants with existing NY records be handled? Will it be
necessary for Albany to clear the existing record prior to issuance of NY license?
4. What circumstances will be applied where undocumented immigrants’ licenses will be
suspended (speeding, DWI, traffic violations, insurance lapses, child support, failure to
pay taxes, etc).
5. Is the state going to provide additional equipment (AKTS, cameras, etc) to accommodate
for anticipated impact on number of DMV transactions due to the inclusion of
undocumented immigrants?
6. How will US citizens’ complaints be handled? How will US citizens be accommodated?

Other General Comments/Questions/Concerns:

1. There are many concerns about implementation within small offices, in particular, the
cost-effectiveness of processing in offices with limited staff, lack of professional
translators available within the community, and the necessity of increased security – all
of which could come with additional financial burden to the local budget ( as well our
revenue v. cost of operation is becoming increasingly tight – my understanding being that
 according to V & T the cost of operating a county DMV is not to exceed revenue
generated.) When and if policies, procedures, and regulations are identified, reviewed
by both NYS and county clerks, and ultimately readied for implementation, any
processing of permits/ licenses for undocumented immigrants must be directed to the
much larger NYS District Offices….it would be the only way to maintain
systematic/consistent processing of these transactions.
2. Is there any consideration to increase the percentage of revenue for the 52 County Clerks
that serves as Agents to the NYS DMV Commissioner?
3. Does the state plan on continuing to sell our customers’ driver’s license information as
they currently do, or does this law preclude them from disclosing any further
information? If they do plan on continuing, will they only sell citizens’ information?