Assemblyman David G. McDonough (R,C,I-Merrick) and his Assembly Minority colleagues introduced two pieces of legislation during a special legislative session on October 23. The measures, both related to the recent driver’s license issue, were defeated 85 to 57 and 86 to 49 respectively.

The first of the two measures, passed by the Senate, would have required applicants for driver’s licenses and non-driver ID cards to provide proof of citizenship or, if an alien, proof of lawful presence in the United States.

The second amendment that was introduced – “The County Clerk Protection Act” – would have defended and indemnified county clerks who refuse to break the law, and their oath of office, by implementing Governor Spitzer’s executive order. This initiative would have shielded county taxpayers from incurring the costs associated with a lawsuit brought by Governor Spitzer, as threatened, if any county clerk fails to fails to implement his executive order.

“During the special legislative session held on October 23, the Assembly Majority failed to act on two legislative measures that would have stopped the implementation of Governor Spitzer’s Executive Order allowing the issuing of driver’s licenses to illegal aliens,” stated McDonough. “Two amendments were offered by the Minority Conference, and each time they were defeated before they could be brought to the floor for a meaningful debate on their merits. This is contrary to the more than seventy percent of New Yorkers who are in opposition to the plan. The failure of the Majority to address this issue is a clear indication that they support the governor’s plan.”

The governor’s executive order would require the Department of Motor Vehicles and county clerks across the state to begin issuing driver’s licenses on November 1. When the plan is allowed to be implemented, the governor, the commissioner of motor vehicles and any county clerk who issues a driver’s license without a Social Security number would be in direct violation of state law. Section 502, subsection 1 of the Vehicle and Traffic Law requires a Social Security number be provided to obtain a driver's license.

“State law can only be changed by following constitutional guidelines, legislation passed in both houses and signed by the governor. The new driver’s license policy is an attempt by the governor to change state law without consulting elected representatives or holding public hearings. In addition to being a dangerous policy, the governor’s change has been cited as potentially being costly to state taxpayers, a threat to the integrity of voter registration and even illegal,” said McDonough.