Assemblyman Oaks Joins Lawsuit

October 31, 2007

Assemblyman Bob Oaks (R,C-Macedon) today joined with fellow Minority Assembly colleagues in filing a lawsuit to stop Governor Spitzerís unlawful plan to issue illegal aliens driverís licenses from moving forward.

ďAs your assemblyman, I need to stand up for the citizens of Wayne, Oswego and Cayuga counties and help stop this unlawful and reckless plan. Over the last month and a half, I have heard from numerous constituents who have called, e-mailed and signed my petition to stop the governorís plan,Ē said Assemblyman Oaks.

The lawsuit, which will be filed tomorrow in state Supreme Court in Albany County, will list five causes of action of why Spitzerís plan is illegal.

First, that Governor Spitzerís plan is in violation of Section 502, Subsection 1 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 driverís license.

Second, that Governor Spitzerís 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 Spitzerís 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 Spitzerís plan impairs the legislative intent behind an amendment to the State Vehicle and Traffic Law Section 502, Subsection 1, which was to enhance the stateís ability to enforce child support obligations.

Finally, that Governor Spitzerís plan would impair New Yorkís ability to share driver information with other states.

ďOn Tuesday, we held a public hearing in Rochester to obtain input on the Governorís plan. My colleagues and I heard, over and over again, that there are too many unanswered questions; the public should have been involved before crafting the plan and, at a minimum, a task force should now be formed to study the issue. The consensus of all offering testimony was that the Governor should hold back on his misguided plan,Ē said Oaks.

ďClearly, Governor Spitzer has failed to listen to the Legislature and the public he represents about his plan. When over 72% of New Yorkers oppose issuing driverís licenses to illegal aliens, something needs to be done. If implemented, Spitzerís plan would make our state and country less safe and secure. Hopefully, our action will block the Governorís plan from being implemented,Ē concluded Oaks.