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Editorial October 17, 2007
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Governor's license proposal jeopardizes security, tourism
MARY LOU RATH New York State Senator
As Chair of the Senate Committee on Tourism, Recreation and Sports Development, I encourage New Yorkers to travel within our state to enjoy its cultural and natural treasures. Travel and tourism is an essential component driving the state's economic engine and easy access to travel by automobile, rail and air is very important. However, as recent history shows, terrorists and those wishing to do harm to our citizens gained access to our transportation systems through driver's licenses. For this and many other reasons, I do not support Governor Spitzer's plan to grant driver's licenses to illegal aliens.

In addition to potentially compromising our state and country's security, the Governor's action would be a violation of state law requiring that a person must provide their social security number when applying for a New York State driver's license. This 1995 law has been upheld by the New York State of Appeals as recently as June 7, 2007.

On June 20, 2007, the State Senate passed a measure that sought to codify current law so illegal aliens could not be granted driver's licenses. The bill passed with 47 aye votes and only 15 nay votes - an indicator the measure has significant bipartisan support throughout the state.

Unfortunately, the Assembly did not bring the bill to its floor for a vote.

The Governor's proposal would also put New York directly at odds with the federal REAL ID Act, passed in 2005, that sets new national standards for driver's licenses. By making illegal immigrants eligible for driver's licenses, New York would be considered "opting out" of the REAL ID Act, and all New York driver's licenses would be unusable as federal ID when the law takes effect in 2013. If this happens, all New Yorkers would need a passport to get on a plane or enter a federal building.

By trying to enforce a policy that was not

properly vetted by the public and the Legislature, the Governor is not only alienating many county clerks who refuse to enforce his plan (they voted 30 -3 against the proposal at a recent meeting), he is jeopardizing cross-border travel. Much tourism is generated by Canadian and Western New York residents attending sporting events and participating in recreational activities. Invalidating our driver's license as a means of ID certainly would limit the ease of travel we now enjoy.

The Governor's proposal is being criticized at the national level. "I think it's a very wrongheaded policy that is going to make life easier for illegals and it's going to make life harder for legals," said John Lehman, former Secretary of the Navy, who served on the 9/11 Commission. "If Spitzer goes forward with this, New Yorkers will need to carry passports because they won't be able to use a New York driver's license for any federal purpose."

On Monday, the Senate held its first public hearing on the issue and is scheduling more. Next week, the Senate will act on legislation requiring a social security number or proof of legal presence in the United States before allowing individuals the privilege of a New York State driver's license. It is my hope the Assembly will join us in prohibiting the Governor and Department of Motor Vehicles from issuing driver's licenses to individuals who have illegally entered the U.S.