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House Proceeding 02-23-10 on Feb 23rd, 2010 :: 1:32:15 to 1:39:00
Total video length: 2 hours 56 minutes Stream Tools: Stream Overview | Edit Time

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Doc Hastings

1:32:13 to 1:32:34( Edit History Discussion )

Doc Hastings: hawaiiian governing entity. with that, mr. speaker, i reserve the balance of my time. the speaker pro tempore: the gentleman reserves his time this the gentleman from washington. mr. hastings: i yield myself such time as i may consume. the speaker pro tempore: is the gentleman opposed to the amendment? mr. hastings: i rise in opposition to the amendment. i yield myself such time as i may consume and ask unanimous

Doc Hastings

1:32:15 to 1:39:00( Edit History Discussion )
Speech By: Doc Hastings

Doc Hastings

1:32:35 to 1:32:56( Edit History Discussion )

Doc Hastings: consent to revise and extend. the speaker pro tempore: without objection. mr. hastings: mr. speaker, i rise in opposition to this amendment. as i said in my opening statement this amendment was crafted in a manner that has become the hallmark of this democrat-d house. behind closed doors with very little time for the american people or the people of hawaii to review it.

Doc Hastings

1:32:57 to 1:33:18( Edit History Discussion )

Doc Hastings: it is been available for public review, mr. speaker, for less than 48 hours. just last night, hawaii's governor, a strong supporter of the native american -- or native hawaiiian recognition, announced her opposition to this substitute. as introduced, the basic bill, h.r. 2314, provides that

Doc Hastings

1:33:19 to 1:33:40( Edit History Discussion )

Doc Hastings: matters such as transferring lands and preempting federal and state civil, criminal, and tax jurisdiction must be subject to negotiation with and the con sthovente state of hawaii and the u.s. congress. but this substitute short circuits that public process. it immediately preempts the state of hawaii's jurisdiction

Doc Hastings

1:33:41 to 1:34:02( Edit History Discussion )

Doc Hastings: over civil, tax, and possibly criminal matters. all the native hawaiiian entity would have to do is undertake anytivity in the name of official government action and immunity from the state authority applies. the substitute makes a number of major revisions. all written in secret, away from public view.

Doc Hastings

1:34:03 to 1:34:26( Edit History Discussion )

Doc Hastings: let me, mr. speaker, just highlight a few. it creates a new membership criteria six pages in length. they do not require one to reside in hawaii to be part of this entity. second, these six pages of

Doc Hastings

1:34:27 to 1:34:49( Edit History Discussion )

Doc Hastings: member sipe -- membership criteria are meaningless. once the government entity is recognized, it may discard these criteria and grant, deny, or revoke membership for any reason. in the substitute, section 6-c-1 establishing the white house as the lead saget to implement this act.

Doc Hastings

1:34:50 to 1:35:10( Edit History Discussion )

Doc Hastings: mr. speaker, this unreasonably injects the political operatives of the white house into the formation of a government entity. a new section 7, also requires the attorney general to assign a department of justice attorney to assist and protect the government entity.

Doc Hastings

1:35:11 to 1:35:31( Edit History Discussion )

Doc Hastings: this will wrongly color the objectivity of the justice department when a challenge against the constitution of -- constitutionality of this act is inevitably made. mr. speaker, i'm convinced that there will be one made. mr. speaker, the are fundamental changes from the original bill that deserve more

Doc Hastings

1:35:32 to 1:35:52( Edit History Discussion )

Doc Hastings: crude scrutiny than we can provide on the house floor today because we've only had, as i mentioned, 48 hers to look at it. bush 48 hours to look at it. let me repeat what are the most objectionable provisions. the entity is immunized from

Doc Hastings

1:35:53 to 1:36:13( Edit History Discussion )

Doc Hastings: laws in any federal or state court. this entity is immunized from laws in federal or state court and shielded from civil, tax and possibly criminal jurisdiction. i realize this debate has been going on, i realize the gentleman from hawaii, mr. abercrombie, has attempted to

Doc Hastings

1:36:14 to 1:36:34( Edit History Discussion )

Doc Hastings: accommodate the objections of the governor and the attorney general of hawaii. he should be commended for that effort. but the accommodations do not resolve their fundamental problem with this bill, a preemption of state civil

Doc Hastings

1:36:35 to 1:36:58( Edit History Discussion )

Doc Hastings: taxation and possibly criminal jurisdiction without the consent of the state. governor lingle, as i mentioned last night, formally announced her objection to this substitute. referring to the changes made by the substitute, the governor said, and i quote, i do not believe such a structure, of two completely different sets

Doc Hastings

1:36:59 to 1:37:22( Edit History Discussion )

Doc Hastings: of rules, one for governmentaltivities of the native hawaiiian government entity and its officers and employees, and one for everyone else, makes sense for hawaii. end quote. and mr. speaker, at this time, i ask unanimous consent to have her full text of the letter inserted into the record. the speaker pro tempore: without objection.

Doc Hastings

1:37:47 to 1:38:08( Edit History Discussion )

Doc Hastings: be the practical result of this substitute if it becomes law? does it mean the native entity can construct a government building for its officers and employees in violation of state zoning laws? does it it permit the entity to discharge waste material in violation of state law? will it prevent anyone from enforcing contracts made with

Doc Hastings

1:38:09 to 1:38:29( Edit History Discussion )

Doc Hastings: the entity? mr. speaker, if this bill becomes law, those questions are left unanswered. and so perhaps, we will learn the answers to these questions after it's too late. the state will be unable to enforce its laws and regulations over the entity because the new

Doc Hastings

1:38:30 to 1:38:52( Edit History Discussion )

Doc Hastings: provisions in this substitute. mr. speaker, i just want to emphasize this point. it is not reasonable to roll over the sovereign rights of a state. and it is especially not reasonable when the governor of that state, in this case, governor lingle, who has long

Doc Hastings

1:38:53 to 1:39:01( Edit History Discussion )

Doc Hastings: been a proponent of the principles embodied in this issue, disagrees and cannot support the andment that we are discussing here tonight in

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