The state Senate has done its job to keep repeat DWI offenders off the road. What’s wrong with the Assembly?

The Senate on Tuesday passed a bill that would require police to seize a conditional or hardship license from a motorist arrested on a charge of driving while intoxicated.

The bill was introduced by Sen. John Bonacic, R-Mount Hope, and co-sponsored by Sen. James Seward, R-Milford, in response to four pending DWI cases against Morris resident Corbin Douglas.

Of course, Douglas right now has more serious problems to worry about.

He is awaiting a federal trial set to begin Monday in Binghamton on drug charges related to the death of his toddler son, Corbin Douglas Jr., in 2005.

Douglas was acquitted of murder and manslaughter Dec. 2, 2005, in Otsego County Court. Those charges were lodged in February 2005 for allegedly feeding his son painkillers morphine and hydromorphone.

The Senate bill, if passed by the Assembly and signed by the governor, would also require local courts to hold a hearing for the defendant within two days of a license seizure to determine if the arrest was properly made.

Conditional and hardship licenses typically are given to motorists facing charges such as DWI as they await the outcome of their cases. Under current procedures, a special license is not automatically revoked when the licensee is charged with another DWI.

We, and many other people, were shocked that Douglas continued to drive with special licenses after the several DWIs he faced in 2006.

A Daily Star story in January referred to a Massachusetts law, known as "Melanie’s Law," under which a first DWI arrest means the driver’s license is immediately suspended and no hardship licenses are granted pending prosecution.

As the Senate bill shows, that’s the kind of law we need in New York state, because we all are lucky that Douglas didn’t kill you, himself or someone you love. But such situations shouldn’t be left up to fate when a driver has clearly shown he is likely to drive after drinking.

Seward said the legislation was spurred by the Douglas case, adding that ``any ordinary person wonders how it could be allowed. So did some state legislator."

We have to ask, however, why no bill has been put forward in the Assembly. Our local assemblyman, Bill Magee, said he knew of no such bill, let alone is sponsoring one. Without Assembly passage, the bill is dead for this year, and who knows how many other Corbin Douglases will be out there driving.

The 2007 legislative session ends Friday. We urge the Assembly to act before it’s too late.