ALBANY - Republican Assembly leader James Tedisco said Osama bin Laden is likely popping champagne over Gov. Eliot Spitzer's new plan to allow illegal immigrants to get New York driver's licenses.

Tedisco, joined by other Republican Assemblymen, said Republicans would sue if Spitzer and the Department of Motor Vehicles don't rescind the proposal by Oct. 31. He said Spitzer violated a state law in his policy.

Spitzer spokeswoman Christine Anderson said the legal threat was baseless.

“New York law gives the DMV commissioner broad discretionary powers to determine what documents are required to prove a license applicant's identity and Social Security number ineligibility,” Anderson said.

New York's highest court has upheld the DMV commissioner's authority to

administratively change those requirements, without new legislation, which permits him to change the DMV policy imposed during the Pataki era, she said.

Spitzer announced his plan last week and said it would bring “people out of the shadows” of American society when it goes into effect in December. Similar policies have been adopted in Utah, New Mexico and other states.

Republicans said Friday that giving licenses to illegal immigrants would threaten the state's security, allow for voter fraud and inconvenience the citizens of New York.

Tedisco plans to introduce legislation next month that would make it a requirement for anyone applying for a license to have a Social Security number or proof of eligibility. The measure would also make it a misdemeanor to falsely apply for U.S. citizenship or a Social Security number.

Republican Senate Majority Leader Joseph Bruno announced Friday that the chamber will act on similar legislation next month.

Meanwhile, Democrats gathered in New York City to show their support for the governor, saying his policy would improve the safety of New York's roads and provides long-deserved rights to immigrants.

“The question of driving a car should be judged by skill, age, lack of incapacities - whether it's vision or some other incapacity - and that should be it,” said Assemblyman Peter Rivera, a Bronx Democrat. “It should not be based on citizenship.”

Some county clerks - who have the authority to approve licenses - have opposed Spitzer's policy. Saratoga County Clerk Kathleen Marchione, president of the state association of county clerks, said at least “four or five” clerks have expressed concern with the policy.

Rensselaer County Clerk Frank Merola has maintained that his county will never issue driver's licenses or identification to people who can't prove their legal status.

Assembly Republicans argued that providing licenses to illegal immigrants would make it easier for terrorists to slide through the cracks of state law undetected.

Tedisco said giving illegal immigrants a driver's license will allow them to vote.

New York state law requires voters to be a U.S. citizen.

Republicans, including New York Mayor Michael Bloomberg, said the policy could make state driver's licenses ineligible for boarding an airplane because they would no longer be evidence of citizenship.

New York has between 500,000 and 1 million undocumented immigrants, many of whom are driving without a license and car insurance or with fake driver's licenses, Spitzer has said.

The Democratic governor's decision comes as the Department of Homeland Security is pushing all 50 states to tighten their identification standards.

New York officials say the policy shift is geared toward enhanced security, safer streets and a reduction in insurance premiums for all New York drivers by an anticipated $120 million a year.

AP-ES-09-28-07 1733EDT