Gov. Spitzer Gets Served

Assembly Minority Move Forward with Promise to Stop DMV Changes
October 31, 2007

The Assembly Minority Conference made good on their promise today by revealing a lawsuit aimed at preventing the Department of Motor Vehicles from instituting changes that would allow illegal aliens to be issued state driver’s licenses. Assemblyman Brian Kolb (R,C,I –Canandaigua) is one of several Assembly members supporting the legal actions to thwart the governor’s plan.

“We’re doing this to stop implementation of the governor’s wrongful, unwarranted, illegal policy to issue driver’s licenses to people who are unlawfully in this country,” said Kolb. “Being granted a New York state driver’s license is a privilege reserved for citizens of this state and those visiting New York legally.”

Kolb also pointed out the unpopularity of the governor’s plan, referring to a recent Siena Research Institute Poll that found 72% of New Yorkers are against issuing driver’s licenses to illegal aliens.

“This lawsuit is not something we entered into lightly. My conference is moving forward with our actions because 72 percent of New Yorkers agree that Governor Spitzer’s plan, which was crafted unilaterally, in near secrecy with no input from the public or legislature, is unlawful and, if implemented, would make our state and nation a less secure, less safe place,” Kolb said.

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.