Twenty-seven County Clerks in New York State with Department of Motor Vehicle (DMV) responsibilities, including all officers of the New York State Association of County Clerks (NYSACC), recently called on Governor Andrew Cuomo and NYS DMV Commissioner Mark Schroeder to halt implementation of the Driver License Access and Privacy Act immediately for the safety and security of all New Yorkers.
Following two hastily delivered webinars and a conference call; County Clerks agree that New York State DMV failed to provide regulations that would ensure the integrity of the identification process for Standard Driver License applicants.
The State DMV has failed to put in place safeguards to prevent someone who has a social security number from signing the affidavit form (NSS-1) claiming they’ve never been issued a social security number, enabling people to conceal their true identities. In fact, State DMV representatives admitted during their conference call with County Clerks on Monday, Dec. 9, 2019, that they have no way to check or verify if a person using the affidavit form (NSS-1) in fact was never issued a social security number.
The State DMV has also failed to apply standards to the translation certification process, allowing anyone regardless of their age or language proficiency to certify a document’s correct translation without any proof of such. The absence of standards to the translation certification process allows for anyone regardless of their relationship to the applicant to certify the translation of documents for anyone, including minors.
Furthermore, County DMV representatives have no way of ensuring the correct translation of written documents and have been directed by State officials to simply “look for the word ‘certify’ on the document.”
Because of these lax regulations, implementation of the State law at this time would create unacceptable security risks as the loopholes allow for nefarious people to obtain a New York State Standard Driver Licenses and use it to commit bank fraud, identity theft, credit card fraud, human trafficking, and other criminal activities.
Furthermore, the federal REAL ID Act, which increases security standards for certain state-issued driver licenses and identity documents, goes into effect Oct. 1, 2020. Implementation of the State law prior to Oct. 1, 2020 would create unacceptable security risks because the lax regulations would allow for nefarious people to obtain a New York State Standard Driver License and use it to board an airplane, enter secure federal buildings, enter military bases or enter nuclear sites for malicious reasons for nine months until the REAL ID Act takes effect.
Therefore, the undersigned County Clerks strongly urge Governor Cuomo to halt the implementation of the Driver License Access and Privacy Act and to direct the State Department of Motor Vehicles to promulgate stronger regulations that would protect the security of all New Yorkers and ensure the integrity of the New York State Department of Motor Vehicles licensing and identification verification procedures.
County Clerks Andrea Klett (Tioga), Joseph Mihalko (Broome), Kip Cassavaw (Franklin), Brittany Kolbe (Montgomery), Indy Jaycox (Schoharie), Susan Dwyer (Cayuga), Linda Kollar (Fulton), Joseph Jastrzemski (Niagara), Theresa Philbin (Schuyler), Larry Barmore (Chautauqua), Michael Cianfrini (Genesee), Sandra DePerno (Oneida), Elizabeth Larkin (Cortland), Jane Zarecki (Hamilton), Kathy Gardner (Otsego), Stephanie Lemery (Washington), Debra Goodrich (Delaware), Sylvia Rowan (Herkimer), Michael Bartolotti (Putnam), Pamela Vogel (Warren), Michael Kearns (Erie), Gizelle Meeks (Jefferson), Frank Merola (Rensselaer), Michael Jankowski (Wayne), Joseph Provoncha (Essex), Michael Keville (Madison), and Craig Hayner (Saratoga)