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News
from Assemblyman 123th Assembly District Gary D. Finch
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FOR IMMEDIATE RELEASE October 31, 2007 Contact: Joshua Reap (315) 415-4038
ASSEMBLY REPUBLICANS FILE SUIT Assemblyman Finch and his Conference Follow Through with Promise to Block Gov’s Illegal DMV Policy via Lawsuit
Assembly Republicans are following through with an earlier promise to file a lawsuit to stop the governor’s unilateral attempts to issue driver’s licenses to illegal aliens. Assemblyman Gary D. Finch (R,C –Springport) is one of the many legislators supporting the lawsuit, calling the governor’s actions illegal and unwarranted.
“We are taking this unprecedented action to convince Governor Spitzer that issuing driver’s licenses to illegal aliens is not in the best interest or safety of New York State,” said Finch.
Today’s press conference is the fulfillment of an earlier commitment from Assemblyman Finch and his colleagues to challenge the governor’s plan if he did not withdraw it. Republicans have tried to pass measures to block the policy change in a special session earlier this month but efforts were stonewalled by Assembly Democrats. Finch noted that the lawsuit is a last resort and will be filed in State Supreme Court in Albany County Thursday morning. The suit will list five causes of action.
First, that Governor Spitzer’s 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 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, subsection 1, 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.
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