Albany – The state Assembly Republican Conference will file a lawsuit today in anticipation of the Governor’s refusal to withdraw his unlawful directive that would give illegal aliens’ driver’s licenses.

“Seventy-two percent of New Yorkers oppose the governor’s directive to grant illegal aliens’ driver’s licenses,” said Assemblyman Daniel Burling of Warsaw. “The governor chose to ignore protocol and impose his plan without legislative or community input. Our Conference will use every channel, whether legislative or legal, to stop this dangerous plan from moving forward.

The lawsuit, which will be filed in state Supreme Court in Albany County, will list five causes of action.

First, 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, 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, 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, Governor Spitzer’s plan impairs the legislative intent behind an amendment to the state Vehicle and Traffic Law Section 502, which was to enhance the state’s ability to enforce child support obligations.

Finally, Governor Spitzer’s plan would impair New York’s ability to share driver information with other states.