Larry Barmore

MAYVILLE – Chautauqua County Clerk Larry Barmore is joining 27 other county clerks from across New York State with DMV responsibilities in calling on Governor Andrew Cuomo and state DMV Commissioner Mark Schroeder to halt implementation of the Driver License Access & Privacy Act, also known as the Green Light law, immediately for the safety and security of all New Yorkers. Among those who are making the request are all officers of the New York State Association of County Clerks (NYSACC),

In a media release sent out on Friday, the group said that following what they say are two hastily delivered webinars and a conference call, they agree that the state DMV failed to provide regulations that would ensure the integrity of the identification process for Standard Driver License applicants.

The group claims 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, December 9 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 group also claims 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, the group says that 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.

In addition, the group says that the federal REAL ID Act, which increases security standards for certain state-issued driver licenses and identity documents, goes into effect October, 1, 2020.  They say the implementation of the State law prior to October 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.

As a result of the concerns provided, the group of 27 county clerks are strongly urge Governor Cuomo to halt the implementation of the Driver License Access & 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.

Those clerks who are calling for the delay are:

• Larry Barmore (Chautauqua)
• Michael Bartolotti (Putnam)
• Kip Cassavaw (Franklin)
• Michael Cianfrini (Genesee)
• Sandra DePerno (Oneida)
• Susan Dwyer (Cayuga)
• Kathy Gardner (Otsego)
• Debra Goodrich (Delaware)
• Craig Hayner (Saratoga)
• Michael Jankowski (Wayne)
• Joseph Jastrzemski (Niagara)
• Indy Jaycox (Schoharie)
• Michael Kearns (Erie)
• Michael Keville (Madison)
• Andrea Klett (Tioga)
• Brittany Kolbe (Montgomery)
• Linda Kollar (Fulton)
• Elizabeth Larkin (Cortland)
• Stephanie Lemery (Washington)
• Gizelle Meeks (Jefferson)
• Frank Merola (Rensselaer)
• Joseph Mihalko (Broome)
• Joseph Provoncha (Essex)
• Sylvia Rowan (Herkimer)
• Theresa Thilbin (Schuyler)
• Pamela Vogel (Warren)
• Jane Zarecki (Hamilton)

The opposition to the so called Green Light NY Act, which allows migrants to get a state drivers license despite not being U.S. citizens, was sponsored by Legislator Terry Niebel (R-Dunkirk). Prior to Wednesday’s vote, Neibel explained his concerns and opposition to the new state law before the vote on the motion took place.

“It puts a tremendous burden on local county clerks. It asks them to verify foreign birth certificates and foreign passports and documentations in dozens of different languages,” Neibel noted, adding, “According to election law, a driver’s license is still a form of identification used in voting. Really what we are doing is we are opening ourselves to potential voter fraud.”

The motion eventually was approved 18-0.

Lawmakers also approved a motions in opposition to construct wind turbine farms on Lake Erie – which was sponsored by both Democrat and Republican lawmakers from the Dunkirk area. One of those lawmakers was Kevin Muldowney (R-Dunkirk).

“We’re a lake front community. We’re in Chautauqua County. We have some beautiful, natural sunsets. I just think that somebody has the nerve to come along and put windmills along our beautiful, natural lake front is just something where we all should just stand up to and say no,” Muldowney said.

Although Muldowney’s concerns were focused on the lake front, some proposals for Wind Turbines call for the projects to be located several miles off shore in the open waters of the lake. Still, that didn’t prevent those in opposition to voice their concerns about possible contamination of water and disruption of bird and fish habitat. As a result, the motion was unanimously approved 18 to 0.

Both motions will be sent to state officials in Albany – including the Governor – to make them aware that the county government does not support either policy.

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One motion involves the recent passage of the the so-called Green Light NY legislation in Albany, which allows non U.S. residents to get a drivers license in New York State. The motion – sponsored by Republican Terry Neibel of Dunkirk – notes that Larry Barmore, county clerk, has expressed his opposition of the state Driver’s License Access and Privacy Act. Last month Barmore questioned its constitutionality and believes the law circumvents federal immigration laws.

In addition, a second motion is being proposed by several legislators who live near Lake Erie opposing the construction of any wind turbine farms on the great lake. The proposed motion notes that recently the state of Ohio has partnered with a business to construct wind turbine along the shore of Lake Erie, which has spawned discussion from lakeside communities in Chautauqua County. The resolution reads that the construction of wind turbines on the lake could negatively impact not just migratory birds, but also impact fishing waters through the destruction of spawning grounds.

If the proposed motions are approved by a majority of the legislature, they will be sent to state officials so they know the county is on record as being opposed to the two issues.

The legislature will also once again discuss the allocation of county bed tax money for the Chautauqua Lake Pops in Mayville. It had already been approved last month but there was an error in how the legislation was written so lawmakers will have to take it up again Wednesday.

Wednesday’s meeting begins at 6:30 p.m. in the legislature chambers and is open to the public.

Rep. Tom Reed (R-Corning)

WASHINGTON – Congressman Tom Reed (R-Corning, NY 23) is joining the ranks of other Republican officials from across the state in criticizing the newly approved Green Light legislation, which gives undocumented immigrants the ability to get a driver’s license in New York State.

Reed represents Chautauqua County in Washington. Despite all that is happening in the nation’s capitol – including his meeting with a trade ambassador on Wednesday – the Corning Republican chose to once again open his weekly media conference call by setting his sights on the so-called extreme liberal agenda of state lawmakers in Albany.

“If you recall a few months back I stated our opposition to the granting of drivers licenses to illegal immigrants. To see the extreme liberal agenda of Albany follow on their threats to give licenses to illegal immigrants is, to me, dangerous and representative of that extreme agenda that puts people at risk coming out of Albany,” Reed said.

Reed added his biggest concerns regarding the Green Light bill is similar to the concerns raised by others prior to its passage.

“First and foremost, this is not fair for the men and women who immigrated here legally or hardworking New York taxpayers,”Reed said. “This bill is also dangerous. How are DMV employees supposed to verify if a foreign document is valid? What if these people have committed serious driving infractions, such as drunk driving, in foreign country? How are we supposed to run a background check on this?”

Proponents of the bill have said the Green Light legislation will make the roads safer because undocumented immigrants that drive illegally will be more willing to learn the rules of the road in order to get a drivers license.

The bill was approved by the state Senate and signed by the governor on Monday. New York is now the 13th state in the country that allows for undocumented immigrants to obtain a drivers license.

Meanwhile, following his opening statement about state issues, Reed did field numerous questions focusing on Congress and Washington, including reaction to the impeachment inquiry by Rep. Brian Higgins (D-South Buffalo) and the departure of Patrick Shanahan as acting defense secretary.

ALBANY – Legislation that will enable undocumented immigrants to obtain driver’s licenses was signed into law by Gov. Andrew Cuomo late Monday after the State Senate narrowly approved the measure.

The controversial issue, which passed the 62-member Senate by a vote of 33 — 29, could create reelection problems for Democrats who supported the legislation, known as the Green Light bill.

The bill enables undocumented immigrants to obtain a “standard license” only, addressing national security concerns that arose following 9/11 terror attacks. Twelve states have similar laws. It was approved by the State Assembly earlier in June.

Senate Republicans, who have historically opposed granting benefits to undocumented immigrants, raised familiar concerns about the bill on the Senate floor, arguing it incentivizes breaking the law and may eventually enable non-citizens to vote. Supporters say it will result in safer roads, create revenue for the state and prevent the detention or deportation of undocumented immigrants who are caught on the road without a license.

Another polarizing issue in marginal Democratic districts has been marijuana legalization. It has stalled in part due to opposition in suburban areas where some local leaders have indicated they would opt out of the plan to decriminalize and commercialize the drug. It’s not known if the legislature will be able to come to an agreement on a legalization bill prior to the end of the session on Wednesday.

In polls, marijuana appears to have much broader public support than the Green Light bill.

The State Capitol, Albany NY.

ALBANY – The State Assembly plans to vote this week on legislation authorizing driver’s licenses for immigrants who entered the U.S. illegally.

The so-called “green light” legislation is expected to pass the Assembly but continues to face challenges in the Senate, where Democrats hold a smaller majority.

Last month WRFA talked with Republican Assemblyman Andy Goodell about the legislation, who said he is opposed to the bill because it could create several problems – including challenges for DMV officials trying to rely on and authentic birth certificates and other documents from dozens other countries. In addition, he said there is the concern about motor-voter registration – with federal law allowing anyone who applies for a drivers license to also have the ability to register to vote.

For Goodell, the issue is nothing more than a political effort by downstate lawmakers in New York City.

“The vast majority of the people who live and work in New York City use public transportation – subways and buses. So why the push for drivers licenses? The answer is the illegal immigrants have legal relatives. The number of legal immigrants in New York City is much, much higher than it is in Upstate. So the political reason they’re pushing for drivers licenses for illegal immigrants is to curry votes from they’re legal relatives in New York City who want to see more opportunities for their illegal relatives,” Goodell said.

Lawmakers are also expected to consider bills that would renew and possibly strengthen tenant protections in the New York City area. The law governing rent control and rent stabilization expires June 15, and many Democrats say they want to not only extend the law but also add new protections for renters, possibly statewide.

Both issues are among the more contentious items on the agenda ahead of the Legislature’s June 19 adjournment.

It’s unlikely either the Assembly or the Senate will be able to enact another high-priority measure – the legalization of cannabis – prior to the end of the session.

Andy Goodell

ALBANY – A bill to allow undocumented immigrants to obtain driver’s licenses in New York is gaining support in the Democratic controlled state legislature. Under the so-called “Green Light” legislation pending in Albany, applicants would no longer be required to show proof they are in the country legally when applying for a license. They could use foreign passports to establish their identity and obtain a standard driver’s license, once, of course, they pass the same tests as everyone else.

Proponents of the bill say New Yorkers will be safer if fewer undocumented immigrants are driving illegally. That’s because those who would get licenses will have taken a driving test and will be able to get insurance and car inspections.

But opposition is growing against the proposal and several upstate county sheriffs, county clerks and state lawmakers are explaining why they oppose the measure.

Last week WRFA had Republican Assemblyman Andrew Goodell (R-Ellicott, 150th Assembly District) on the air and asked him about the legislation. Goodell – like others who oppose the change – said he is opposed to the bill because it could create several problems – including challenges for DMV officials trying to rely on and authentic birth certificates and other documents from dozens other countries. In addition, he said there is the concern about motor-voter registration – with federal law allowing anyone who applies for a drivers license to also have the ability to register to vote.

For Goodell, the issue is nothing more than a political effort by downstate lawmakers in New York City.

“The vast majority of the people who live and work in New York City use public transportation – subways and buses. So why the push for drivers licenses? The answer is the illegal immigrants have legal relatives. The number of legal immigrants in New York City is much, much higher than it is in Upstate. So the political reason they’re pushing for drivers licenses for illegal immigrants is to curry votes from they’re legal relatives in New York City who want to see more opportunities for their illegal relatives,” Goodell said.

According to the New York Times, there are an estimated 725,000 undocumented immigrants in New York State, making up more than 5 percent of the labor force in 2016, according to the Pew Research Center. The Institute on Taxation and Economic Policy estimates they pay $1.1 billion in state and local taxes each year, .

The Times also says a third of the undocumented immigrants live in the suburbs and upstate, where people rely on cars to get to work and school.

Goodell disagrees with the information regarding the economic contribution made by undocumented immigrants, as well as the notion that they should be allowed to legally drive because so many are working.

“Advocates say we need to provide drivers licenses to illegal immigrants so they can drive to and from work. The problem with that concept – if you think about it – is, we say, ‘You come hear to New York illegally. You’re not allowed to work under federal or start laws because you’re illegally here, so we’re going to give you a drivers license so you can drive to a job that’s not legal for you to have,'” Goodell said. “Because they’re here illegally they don’t have a social security number, which means the illegal aliens who are working in the state aren’t paying any state or federal taxes. So we’re granting a great benefit normally reserved for residents to people who are engaged in long-term tax evasion, working at an illegal job and who are illegally here in the first place.  I just don’t see why we have a public policy of promoting, helping, and facilitating illegal activity.”

Larry Barmore

Joining Goodell locally in the effort to speak out against the proposal is Chautauqua County Clerk Larry Barmore, who sent out a letter earlier this week to the media voicing his concerns over the bill and the implications it has with voter registration – giving undocumented immigrants the opportunity to register to vote.

“If this bill passes, any person, regardless of immigration status can obtain a driver’s license by showing a birth certificate or passport from any one of 195 countries around the world. This will require our DMV employees to become educated in what these documents look like,” Barmore said. “I can imagine rampant forging of these documents by those looking to make a few dollars. For years, legal NYS citizens have been required to produce 6 points of identification including a social security card in order to qualify for a license but not if this bill passes. Under the new regulations an applicant does not have to produce a social security card but can sign a form instead stating that they do not have one.”

There are some county leaders and county sheriffs In New York who’ve voiced support for the measure, including those in the Hudson Valley, Albany, the Bronx and Brooklyn.

Twelve other states, Washington DC, and Puerto Rico already allow undocumented immigrants to have a drivers license.

Governor Andrew Cuomo said that if both chambers of the legislature approve the measure, he will sign it into law.