Video & Transcript Research : 'native forests'
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HI
Hawaii 2025 Regular Session
PSM-JDC, JDC Public Hearings 03-13-2025
Public Safety and Military Affairs
Transcript Highlights:
- Next up is Dara Forester for the Public Defender.
- Next up is Dara Forester, Public Defender, or design?
- Next up is Dara Forester, Public Defender, or design?
- Next up is Dara Forester, Public Defender, or design?
- Next up is Dara Forester, Public Defender, or design?
Summary:
The joint committees heard testimony on several fireworks-related bills. On HB 550, which would allow law enforcement to use drone recordings to establish probable cause for fireworks arrests in public areas and appropriate funds for drones, the Department of Law Enforcement and Honolulu Police Department supported the measure. The Public Defender and some public testifiers opposed it, arguing that a statute cannot mandate probable cause and that the bill raises constitutional concerns. A prosecutor later explained that the bill is intended to address Hawaiʻi case law, especially State v. Kit, which limits aerial surveillance over homes under the state constitution, and suggested that changing “shall” to “may” could reduce constitutional problems. Members also questioned whether current law already allows video evidence of fireworks violations and whether the bill was necessary. Testimony included both support and opposition from individuals and organizations, and no vote was taken during the hearing.
The committees then heard HB 806, which would appropriate funds for the Department of Law Enforcement to conduct sting operations on Oʻahu to enforce fireworks laws. The department and police supported the bill, while the Libertarian Party of Hawaiʻi opposed it, arguing that fireworks are already illegal and that the measure adds unnecessary enforcement powers and constitutional risk. Committee members asked what “sting operation” means and whether the term should be defined more clearly; the department said it refers to police or criminal investigations involving deception and agreed a definition would help guide use of the funds. The department also said the funding would support training, storage, and other operational costs for undercover investigations.
Finally, the committees heard HB 1483, a broader fireworks enforcement bill that would create an adjudication system for fireworks infractions, revise definitions and penalties, establish new offenses, and increase penalties when fireworks offenses cause injury or death. The Attorney General’s office strongly supported the bill, saying it would improve enforcement by clarifying definitions and allowing cases to be proven without particle testing or expert witnesses when fireworks leave no physical evidence. The Department of Law Enforcement also supported it. The Public Defender opposed the bill, focusing on the bill’s penalty enhancements for offenses that are rarely enforced and its concurrent trial provision, which it said raises problems because of the differences between civil and criminal proceedings. No final committee action or vote was reported in the transcript.
NH
New Hampshire 2025 Regular Session
House Public Works and Highways (02/04/2025)
Transcript Highlights:
- law enforcement um representatives for law enforcement um representatives for the<01:42:18.599>
forest - <01:42:19.360>
service <01:42:20.360>and the forest service and the forest service - Forest Service as well. We work very well together. Representative Bogert: Thank you, Mr. Chair.
- be a little more specific, I assume the start in Lincoln would be at the White Mountain National Forest
- <01:53:44.679>
boundary White Mountain National Forest boundary, going east to Route 16 in
Summary:
The committee first heard House Bill 561, sponsored by Representative Nancy Murphy, which would limit the state’s ability to discontinue, reclassify, or revert state-owned highway property to municipalities without local approval. Murphy and other supporters argued the bill would protect towns from unfunded mandates and prevent property tax increases caused by taking on costly road maintenance. Representative Wendy Thomas, Rosemarie Rung, Merrimack Town Council Chairman Finley Rothhouse, and Town Manager Paul McAuliffe all testified in support, describing the financial burden of the planned transfer of Continental Boulevard in Merrimack and warning it would set a harmful precedent for other communities. The Department of Transportation’s Steve Leon explained the department’s current authority and processes for discontinuance and reclassification, said active highways are not surplus property, and noted that the Supreme Court’s Town of Nelson decision held such reclassifications were not an unfunded mandate. The committee then closed the public hearing on HB 561.
The committee next took up House Bill 578, presented by Representative Mooney on behalf of Representative Bill Boyd, to require sound barriers along the F. Everett Turnpike in Merrimack. Supporters said widening the turnpike would increase noise in nearby neighborhoods and that a 2019 NHDOT study identified 17 neighborhoods with noise levels above federal standards, though only four were included for mitigation under the current project. They argued the remaining neighborhoods should also receive relief and cited quality-of-life and property-value concerns. Senator Tim McGuire also testified in support, saying residents were experiencing unexpected and severe noise impacts and urging the committee to act outside the usual criteria to approve the barriers. The transcript provided does not show a final committee vote or action on HB 578.
MN
Minnesota 2025 1st Special Session
Committee on Agriculture, Veterans, Broadband and Rural Development - 04/21/25
Agriculture, Veterans, Broadband, and Rural Development
Transcript Highlights:
- the African-American, and the Native the African-American, and the Native American,<00:37:11.599
- A 5-year longitudinal study showed a 20-times increase in native bumblebees and other pollinators on
- A 5-year longitudinal study showed a 20-times increase in native bumblebees and other pollinators on
- <01:15:44.960>
stature <01:15:45.440>native shorter stature native stature native shorter - stature native stature native prairie<01:15:47.120>
under <01:15:47.440>solar <01:15:47.840
NM
New Mexico 2025 Regular Session
IC - Indian Affairs Jun 2nd, 2025
House Government, Elections & Indian Affairs
Transcript Highlights:
- Um, I also, uh, coming from the Bernalillo County area, represent, uh, over Approximately 70,000 Native
- Uh, coming from southern New Mexico, we don't have as much of a native influence down there anymore.
- the first things I'd like to mention is this is probably the most representation we have had of our Native
- So, I, I'm looking forward to seeing how we tackle some of the issues for our Native American population
- this committee has been in Gallup, primarily because 70% of the population in McKinley County is native
NM
Transcript Highlights:
- Cooperative Wildfire Liability Act, requiring wildfire mitigation plans, providing for a review by the Forest
HI
Transcript Highlights:
- Sorry, I threw in the Native Hawaiian leadership part, but, um, yeah, how is that, um, what does that
- Hawaiian leadership and local uh, Native Hawaiian leadership and local ownership<00:19:06.960>
been - <00:19:12.880>
Hawaiian Sorry, I threw in the Native Hawaiian Sorry, I threw in the Native - <01:08:00.720>
Hawaiian is why I see half of our native Hawaiian is why I see half of our - Hawaiian issues just issues of native Hawaiian issues just issues of the<01:09:26.960>
people
HI
Hawaii 2026 Regular Session
HHS, HHS DEFER Public Hearings 02-18-2026
Transcript Highlights:
- So, when you was talking about earlier, I know you shared with me when you guys came down in Forest for
- So, when you was talking about earlier, I know you shared with me when you guys came down in Forest for
- :25:13.919>
in [clears throat] you guys came down in [clears throat] you guys came down in Forest - <00:25:16.240>
Can <00:25:16.480>you <00:25:16.640>kind Forest for the Gaming - Can you kind Forest for the Gaming Bill.
Summary:
The committee heard testimony on SB 3025, relating to medical debt, with multiple organizations and individuals, including the Office of Wellness and Resilience, Healthcare Association of Hawaii, Queens Health Systems, the American Cancer Society Cancer Action Network, Aloha Care, Hawaii Health and Harm Reduction, Hawaii Data Collaborative, and Hawaii Appleseed, all speaking in support. No opposition was heard, and the member present had no questions.
The committee then took up SB 3199, which would establish a mental health emerging therapies task force. Testimony was overwhelmingly in support, with speakers including veterans, clinicians, researchers, and advocacy groups describing personal experiences with PTSD, depression, traumatic brain injury, and treatment-resistant conditions, and arguing that Hawaii should prepare for regulated access to emerging therapies such as MDMA, psilocybin, ketamine, and ibogaine. The Department of Health and some medical organizations provided comments, and one opposition witness was called but not present. The chair noted broad support, especially from veterans, and no vote was taken during the excerpt.
The final measure discussed was SB 3324, relating to Medicaid. The Department of Human Services, Department of Health, Hawaii State Council on Developmental Disabilities, Hawaii Disability Rights Center, Aloha Care, and numerous care-provider and aging/disability organizations testified in support, while one witness was in opposition and several others offered comments. The discussion then moved to SB 2563, relating to homelessness, where the Department of the Attorney General offered comments on specific sections and recommended adopting suggested amendments if the bill proceeds. Additional testimony on SB 2563 began with support from several individuals, including Shelby Pikachu, who emphasized the severity of homelessness and related social problems in the community.
MN
Transcript Highlights:
- students to have um an um our native students to have um an educational<01:15:23.920>
opportunity - Um, it means that the parent committee sees areas with room for improvement for the Native students.
- Issuing a vote of native students.
- between advocating for their native between advocating for their native students<01:18:04.159>
Indian ed programs and the native Indian ed programs and the native students.<01:18:23.360>So
VT
Vermont 2025-2026 Regular Session
Senate Session - 2026-02-27 - 11:30AM
Vermont Senate Floor Meeting
Transcript Highlights:
- And we even heard, which was a surprise to us, that for some native English speakers, these videos are
- :50.880>
their with um English or or even with their with um English or or even with their native - :52.480>
And <00:40:52.800>we <00:40:53.119>even <00:40:53.359>heard, native - And we even heard, native language.
- <00:40:57.040>
English <00:40:57.440>speakers, <00:40:58.000>these some native
NM
New Mexico 2025 Regular Session
Senate - Indian, Rural and Cultural Affairs Feb 4th, 2025
Senate Indian, Rural & Cultural Affairs
Transcript Highlights:
- Down in the Las Cruces area, there aren't a whole lot of Native American people still around, but Fort
- I learned about Native American struggles in the Northwest United States, including the fishing rights
- That was my introduction to Native American struggles, particularly fishing rights.
- Believe it or not, the natives in Washington are the only non-agricultural, non-nomadic tribe.
HI
Hawaii 2025 Regular Session
HSH Info Briefing - Fri Nov 7, 2025 @ 1:30 PM HST
Hawaii House Floor Meeting
Transcript Highlights:
- :31:31.200>
Education decades, the Native Hawaiian Education decades, the Native Hawaiian Education - And then OHAS stepped up to help Native Hawaiian families.
- And then OHAS stepped up to help Native Hawaiian families. You know, who is missing?
- Are there kūpuna without children who are not Native Hawaiian?
- You know who are not native Hawaiian?
Summary:
The House Committee on Human Services held an informational briefing on the impacts of federal funding cuts, inflation, labor shortages, and chronic underfunding on Hawaii’s nonprofit social safety net. Hawaii Community Foundation opened with a story about a federal worker family relying on food pantry support, then described a “perfect storm” facing human services nonprofits: historically high demand, rising costs, staffing challenges, federal cuts, and state and county contracts that do not cover true service costs. The foundation said it has reactivated its Hawaii Resilience Fund, launched strengthened service grants, and is tracking policy changes and data to help nonprofits respond.
Trey Gordner of UHERO presented research on the vulnerability of Hawaii’s nonprofit sector, explaining a framework that assessed political, financial, and structural risk. He said about 8,200 501(c)(3) nonprofits are active in Hawaii, but only about 200 receive direct federal funds; 74 grants to 59 organizations were flagged as politically at risk, totaling about $126 million in unpaid obligations. He said about 68 of the direct-funding recipients rely on federal funds for more than 20% of annual revenue, and that human services nonprofits are among the most exposed subsectors because they serve vulnerable populations and depend heavily on federal support.
Catholic Charities Hawaii and the Hawaii True Cost Coalition said community-based organizations were already under strain before the current crisis, with most contracts not covering full costs and many groups depending on private philanthropy to fill gaps. They reported that half of surveyed organizations expect to reduce programs, more than a third may decline future contracts, and some are waiting months for reimbursements. Examples included reduced shelter admissions, fewer case management hours, and cutbacks in kūpuna services. The coalition urged higher contract rates, regular inflation and cost-of-living reviews, and timely reimbursement; no votes or formal actions were taken.
Partners in Development Foundation described the loss of Native Hawaiian education funding as especially damaging, saying the federal Department of Education has zeroed out support that creates a roughly $46 million gap, including about $20 million for early childhood programs. The speaker shared a family story from the Nā Pono program to illustrate how early learning services support both children and parents, and warned that the organization’s federal funds make up 72% of its budget. The briefing ended with a call for continued emergency funding and longer-term structural changes to sustain nonprofits statewide.
NM
New Mexico 2025 Regular Session
IC - Legislative Education Study Oct 15th, 2025
Transcript Highlights:
- Achievement gaps remain but are narrowing, especially for Native American and economically disadvantaged
- I point out that American Indian, Native American, and economically disadvantaged students are among
- Focused progress gains are evident, particularly among Native Americans.
- We see some modest gains from Hispanic students, and we see the largest achievement gains with Native
- Learning gaps for low-income students, English learners, Native students, and students with disabilities
CA
California 2025-2026 Regular Session
Assembly Emergency Management Committee Jun 30th, 2025
Emergency Management
ND
North Dakota 2026 1st Special Session
Tribal and State Relations Committee May 13th, 2026 at 01:00 pm
Tribal and State Relations Committee
Transcript Highlights:
- So it's also a big educational curve: what is a Native American reservation?
- So the MHA is taking it upon themselves, and then also just some schools with a higher Native American
- population have also taken upon themselves to hire a Native American studies teacher and do that.
- bills... ...for Native tribes in North Dakota to be aware of what's being passed at the House level
- So we have about an 18% non-Native student body.
ND
North Dakota 2025-2026 Regular Session
Tribal and State Relations Committee May 13th, 2026
Transcript Highlights:
- So it's also a big educational curve: what is a Native American reservation?
- have also taken it upon themselves to hire a Native American studies teacher and do that.
- dedicated toward... ...of studies, and I would say a supermajority of it was dedicated toward the Native
- bills. ...on some of the House bills and Senate bills that are being passed on, for Native tribes in
- So we have about an 18% non-Native student body.
Summary:
The committee met at Spirit Lake Tribe and first heard welcoming remarks and introductions from tribal leaders and program directors. Chairwoman Street and other tribal representatives outlined a range of concerns and requests for state action, including taxation of reservation lands, support for non-beneficiary students at the tribal school, homelessness funding, Indian-managed health care, gaming and e-tabs, Feather Alert improvements, industrial farming near waterways, tourism, and better state-tribal consultation. Committee members responded that the meeting was intended to improve understanding and communication, and several members suggested future legislation or resolutions could be used to advance some of the issues. The tribe also offered to provide training on treaties, IHS 638, and compact services to legislators and staff.
A major portion of the discussion focused on Spirit Lake fish and wildlife jurisdiction and the lake boundary. Tribal representatives asked for an MOU or co-stewardship agreement with the state to clarify hunting and fishing rights, recognize tribal licenses, and reduce recurring disputes over “gray areas” on the reservation and lake. Committee members discussed whether to draft a bill or resolution directing the executive branch and state agencies to negotiate such an agreement, and asked that North Dakota Game and Fish be invited to a future meeting. Related concerns included aquatic nuisance species prevention, with both sides agreeing that more aggressive boat inspection and cleaning measures would be beneficial.
The committee also discussed taxation and county relations. Tribal leaders raised concerns about county resistance to fee-to-trust transfers and about property and vehicle taxation affecting members living on or near reservation lands. Committee members and tribal counsel reviewed federal treaty principles and court cases, and one member noted that the committee had previously taken no formal action on similar issues. Later, Benson County’s tax equalization director explained how the county values taxable land, handles inundated land applications, and tracks land coming off the tax rolls when the tribe repurchases acreage. The discussion ended with a presentation from the president of Sisseton Wahpeton College, who described the college’s programs, economic impact, and funding needs, followed by an HHS presentation on 1115 Medicaid waivers and the IMD exclusion as the committee moved to its next topic.
NM
New Mexico 2025 Regular Session
IC - Legislative Finance Nov 21st, 2025
Transcript Highlights:
- We have those Native Americans. We have those English language learners.
- Our Native American students, and to talk about the actual programs that are supporting those students
- And for those of us that have children in our communities that are Native American, English language
- I worked at a school for seven years as a coach with 1,150 kids, 10 percent Native American, 30 percent
- Where do we get to the point where we recognize the capacity of our Native American and students with
HI
Hawaii 2026 Regular Session
SPEED Task Force (STF) - Tue Jan 6, 2026 @ 9:30 AM HST
Hawaii House Floor Meeting
Transcript Highlights:
- native wine community, we are trying to get um native wines who are 30% or below AMI on vacant unmanaged
- native wine community, we are trying to get um native wines who are 30% or below AMI on vacant unmanaged
- native wine community, we are trying to get um native wines who are 30% or below AMI on vacant unmanaged
- for our native wine community, we are trying to get um native wines who are 30% or below AMI on vacant
- very sensitive issue I am not native very sensitive issue I am not native Hawaiian<01:33:52.880>
HI
Transcript Highlights:
- more important to manage the harvest of the native amaa population.
- more important to manage the harvest of the native amaa population.
- The Alma, a native Hawaiian fish, has been decreasing rapidly.
- fish and then it'll be forgotten native fish and then it'll be forgotten native Hawaiian<00:32:18.960
- And then, um, secondly, the gathering rights pertains only to native Hawaiian people.
Bills:
HB1817, HB2056, HB2616, HB1718, HB1842, HB1740, HB1919, HB1616, HB1774, HB1984, HB1603, HB2171
Keywords:
fishing regulation, ʻamaʻama, striped mullet, bag limit, overfishing, Hawaii fisheries, funding, appropriations, Honolulu, housing, construction, grant-in-aid, community development, Banyan Drive, Hawaii community development authority, cultural revitalization, special fund, public safety, economic development, affordable housing
Summary:
The committee heard HB 1817, which would create a daily bag limit for amaa/ama fish to protect Hawaii’s fisheries. DLNR said the biggest stressor on amaa populations is diversion of freshwater flows that cut off food sources for juvenile fish, and suggested that place-by-place rulemaking with fishers and stakeholders would be the most effective approach. A teacher and several Waialua Elementary students testified in strong support, describing research on declining catch data, cultural importance, and the need to preserve the fish for future generations. Other supporters said the fish is being outcompeted by invasive species and cited historical declines, including testimony that bag limits in Hilo Bay have helped increase populations.
Committee members asked DLNR about traditional and cultural gathering rights, whether the bill’s bag limit would apply to native Hawaiian practices, and whether the limit was 10 per day or per season. DLNR said constitutional Hawaiian practices are protected, but also noted that if the bag limit is set in statute it would limit the department’s flexibility to tailor rules by area. Members also asked about other conservation efforts, and DLNR said fish pond revitalization and amaa production are underway statewide. One member raised concern that a statewide statutory limit might not fit conditions on every island, and DLNR said it has authority to adopt area-specific rules through rulemaking, though that process can take months to more than a year.
The committee then moved to HP 206, an appropriations measure for the City and County of Honolulu involving school land transfers, and HP 266B relating to Banyan Drive. On HP 206, the county said the request is a one-time item and estimated costs were about $3.25 million, with the city and county already spending more than $350,000 on the transfers. On HP 266B, HCDA said it is conducting a master planning effort for Banyan Drive and plans a community visioning exercise this summer. Testimony from the Banyan Drive redevelopment agency emphasized the need for more flexible land-tenure rules, while OHA supported the bill with amendments to include cultural specialists and lineal descendants in the redevelopment process and to protect ceded lands. No votes were taken in the portion of the meeting provided.
HI
Hawaii 2026 Regular Session
HHS-WLA-HWN, AEN-HWN, HWN DEFER, HWN Public Hearings 02-12-2026
Health and Human Services
Transcript Highlights:
- Co-manager, Home Monopona LLC, Native Wine Advocacy Corporation, operating on the West Coast, and we
- here before this committee, with the Department of Wine Homelands and for any issues dealing with Native
- <00:04:17.120>
wine co-manager home monopona LLC native wine co-manager home monopona LLC - native wine advocacy<00:04:17.759>
corporation <00:04:18.160>operating <00:04:18.639> - Hawaiian that uh we dealing with native Hawaiian that uh we believe<00:04:32.320>
that <00:04:
Summary:
The Triple C committee heard SB 2799, relating to the Kalopa settlement. Testimony was largely supportive, with several individuals and homestead organizations urging passage and asking that Hawaiian Homes Commission, HHCA beneficiaries, and community representatives be included in transition planning. The Department of Health opposed the added reporting requirement as unnecessary and argued its role is limited to patient care, while committee members pushed back and emphasized the need for broader community input and landowner participation, especially from DHHL and DLNR. The chair recommended passage of SB 2799 unamended, with a committee report noting that the required May report should include the interagency transition working group timeline, proposed budget, and proposed procedures. The recommendation was adopted unanimously by the committees present.
The joint agenda also took up SB 2887, which would expand the important agricultural land qualified agricultural tax credit to include Hawaiian homelands used for subsistence or agricultural/pastoral purposes and broaden eligible costs to include orchard or fruit-bearing crops and clearing former sugar and pineapple lands. The Department of Land and Natural Resources supported the concept but requested amendments; the Department of Taxation and Department of Agriculture provided comments and information on administration and existing claims. The Hawaii Farm Bureau supported the intent but argued the bill should create a new tax credit in Chapter 235 rather than fold DHHL lands into the existing IAL credit. After discussion, the chair recommended passage with the Hawaii Farm Bureau’s amendments and technical changes, and both committees adopted that recommendation.
The Hawaiian Affairs committee then acted on several bills. SB 1406, SB 521, and SB 1654 were deferred indefinitely because the chair said related work was already underway and the committee wanted to avoid duplicative paperwork. SB 3247, relating to Mona Ala/Royal Mausoleum, was amended to convert the proposal into a Royal Mausoleum Working Group with periodic reporting and stakeholder input, and it passed with amendments. SB 112, SB 131, and SB 2443 were advanced with amendments that primarily deferred effective dates to keep the measures moving while discussions continue. The committee also noted that some measures were being deferred or reshaped to align with ongoing administrative or companion-bill processes, and the amended recommendations were adopted by the members present.
AZ
Arizona 2026 Regular Session
01/28/2026 - Senate Health and Human Services
Health and Human Services
Transcript Highlights:
- The impact on Native communities has been especially severe.
- You continue to see people posting about being able to help Native Americans as long as they have this
- And I for sure know that this bill will help in stopping this abuse, especially against Native American
- Especially Native American people of the state, and, like we heard in testimony, other states that are
- I'm a native of Arizona, and I'm a registered nurse at a very busy local hospital.
Bills:
SB1051, SB1114, SB1115, SB1122, SB1132, SB1162, SB1169, SB1171, SB1172, SB1173, SB1174, SB1175, SB1179, SB1188, SB1233, SB1236, SB1242, SB1316, SB1368
Keywords:
SB1051, Arizona hospitals, immigration status, patient intake, admission forms, registration forms, health care reporting, uncompensated care, emergency department, lawfully present, undocumented immigrants, noncitizen patients, hospital funding, Arizona Department of Health Services, ADHS, border security, health care institutions, patient privacy, medical access, immigration policy
Summary:
The Health and Human Services Committee approved the January 21 minutes and then heard a series of bills focused on developmental disabilities oversight, behavioral health fraud, AHCCCS operations, child safety, and state hospital capacity. SB 1179 would make the Developmental Disabilities Group Home Monitoring Program permanent and remove the appropriations contingency; Disability Rights Arizona and program managers testified that Commit had identified systemic care problems, while the sponsor said the work should continue. The bill received a 6-1 do-pass recommendation. SB 1114 would appropriate $1 million to the Maricopa County Attorney’s Office for behavioral health patient brokering investigations; Native advocates described widespread recruitment and exploitation of vulnerable people, especially Native Americans, and the bill passed 8-0. SB 1115 would prohibit AHCCCS from allowing remote work for Access employees; the sponsor argued in-person oversight was needed, while AHCCCS warned of space and staffing problems. It passed 4-3. SB 1051 would require hospitals to collect and report patients’ citizenship or immigration status for cost accounting; supporters called it a data-collection measure, while nurses and physicians said it would create fear and deter care. It passed 4-3. SB 1122, as amended, would replace prior authorization with 100% prepayment review for certain behavioral health services under the American Indian Health Plan, and passed 7-0 after AHCCCS said it had worked on the amendment. SB 1132, to appropriate unspecified funds for a new Arizona State Hospital wing, drew testimony from families and advocates describing severe shortages of state hospital beds and the need for more long-term treatment capacity; it passed 7-0. SB 1169, to fund graduate medical education and a new residency program, passed 6-0. SB 1171, requiring AHCCCS to check for dual enrollment in exchange plans and AHCCCS, passed 4-2-1 after AHCCCS said implementation would require system changes and costs. SB 1172, requiring more experienced DCS investigators for repeated abuse/neglect reports and court notification of hotline calls in dependency cases, passed 7-0. SB 1173, requiring behavioral health facility applicants, owners, and licensees to be U.S. citizens or lawfully present permanent residents with fingerprint clearance cards, passed 4-3 after an amendment clarifying the lawful-presence requirement.