Assemblyman Bill Reilich (R,C,I-Greece) today joined with members of the Assembly Minority Conference in bringing a lawsuit against Governor Spitzer to block his unlawful plan to give illegal aliens a New York state driver’s license.
“The governor continues to promote his unlawful policy with utter disregard for the opinions of the majority of New Yorkers, security experts and elected officials,” said Reilich. “With our legislative efforts to stop the governor’s plan being thwarted by the Assembly Majority, my colleagues and I are bringing legal action to block the governor’s reckless policy in an effort to uphold state law and strengthen the safety and security of our state and nation.”
The lawsuit – which will be filed in state Supreme Court in Albany County tomorrow morning – is being brought on behalf of Assemblyman Bill Reilich and members of the Assembly Minority Conference. The suit will list five causes of action.
First, that Governor Spitzer’s plan is in violation of Section 502 of the State Vehicle and Traffic Law, which indicates that the commissioner of the Department of Motor Vehicles shall require a Social Security number before issuing a driver’s license.
Second, that Governor Spitzer’s plan defies the principle of separation of powers between the Executive and Legislative branches as outlined in Articles I and II of the state Constitution.
Third, that Governor Spitzer’s plan does not follow proper administrative procedure in the manner in which it failed to provide New Yorkers with notice and an opportunity to be heard, as required under the state Administrative Procedure Act.
Fourth, that Governor Spitzer’s plan impairs the legislative intent behind an amendment to the State Vehicle and Traffic Law’s Section 502, which was to enhance the state’s ability to enforce child support obligations.
Finally, that Governor Spitzer’s plan would impair New York’s ability to share driver information with other states.
“I am confident that this lawsuit will stop Governor Spitzer’s radical attempt to give illegal aliens driver’s licenses and prevent the state from implementing a plan that will destabilize the state’s licensure system and weaken our state and national security,” said Reilich. “I would like to remind the governor that America is a nation of laws and that his administration is not above them. Governor Spitzer, you’ve been served.”