The last time the issue of drivers licenses for undocumented immigrants came up in New York, county clerks were at the center of the fight. Now that the measure has been resurrected, and could soon move in Albany.

As state lawmakers debate whether to allow undocumented immigrants to have access to driver's licenses, state Sen. Jim Tedisco (R-Clifton Park) wants new legal protections for county clerks who refuse to comply.

"This is inappropriate. Nobody in the 49th Senate district expects to break the law and get a privilege or be rewarded for it, get some of the certainties that a citizen would get," Tedisco said.

Tedisco's bill would prevent the governor from removing county clerks if they refuse to issue licences to undocumented immigrants. It would also have the state pay legal fees for country clerks if they are taken to court. Tedisco says the bill comes after county clerks who run motor vehicle departments have raised concerns.

"Many suggested they are going to spend more time in court than helping the public they are elected to serve," Tedisco said.

In a statement, New York Immigration Coalition executive director Steven Choi noted 12 states have granted access to driver's licenses to undocumented immigrants.

"We cannot waste another day or any more time on misinformed arguments from state legislators more concerned with making headlines than accepting the hard facts about the benefits of expanding access to driver's licenses now," Choi said in the statement.

A version of the Tedisco bill was previously introduced during Gov. Eliot Spitzer's administration, the last time the issue was up for debate.

"You've got to get out in front of this," Tedisco said. "By the time the bill passes, it's in place, the county clerks are mandated to hand out the licences, they are between a rock and a hard place."

Saratoga County Clerk Craig Hayner (R) is supportive of Tedisco's legislation.

"Having that peace of mind, knowing that if we're following the law, we have the protection of Senator Tedisco's bill," Hayner said.

Hayner would not say if he would refuse to issue a license to a non-resident applying for one. He would rather the federal government step in and straighten out the nation's immigration policy.

"Ultimately this is an issue that needs to be worked up with the federal government. Our state legislators need to be working with our federal legislators on comprehensive immigration reform," Hayner said.

For now, lawmakers have not indicated when the driver's licences bill would come up for a vote.