State House and Senate leaders said yesterday they believe that majorities in both chambers favor helping Hawaii Superferry resume service while the state conducts an environmental review, but are split on whether the current draft bill could be substantially amended to place more operating conditions on the ferry.

State House Speaker Calvin Say, D-20th (St. Louis Heights, Palolo Valley, Wilhelmina Rise), said significant amendments could unravel consensus behind the bill while state Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha), anticipates that several senators will insist on amendments to protect the environment.

As lawmakers convene in special session this morning, the question is whether the different perspectives among House and Senate leaders can be worked through over the next several days or whether they are signs that consensus on Superferry already has a foreboding crack. Gov. Linda Lingle, like Say, has told lawmakers she prefers that the draft not be amended.

"It may unravel what all parties have agreed upon — meaning the Senate, the administration and the House," Say said, adding that he would consider Senate amendments as long as they do not threaten Superferry's ability to successfully operate. "That's why I've taken a very hard stance. The whole objective is what? To allow the Superferry to operate. To connect the four counties.

"The Superferry, to me, is a bridge that connects the four counties."

Hanabusa said that talk about amendments is simply part of the legislative process. "I know the governor has been concerned about whether or not the bill can go through unamended. And I told her very clearly we might be able to agree on a form that we're going to put down, so that both houses are going to put this particular bill down, which we have agreed to, speaker and I have agreed to.

"But there is no agreement that the bill as it's put down will make its way through session."

LINGLE CALLS SESSION

Lingle officially called the special session yesterday and said she appreciated the bipartisan cooperation from Hanabusa and Say on the draft Superferry bill, which was developed with input from the state attorney general and Superferry.

"The majority of the people across our state want this important transportation option, and I am pleased that we have worked collaboratively to find a way to allow the service to continue while an environmental impact statement is conducted and concerns are addressed," Lingle said in a statement. "This special session is not just about one company or one vessel, it is about the long-term economic well-being of our state, and about giving our residents, farmers and civil defense agencies options when traveling between the islands.

"Allowing this transportation alternative to resume will also restore the reputation of our state as a fair place to do business."

Lingle has said that Superferry would have to accept the bill. Legislative and Superferry sources said yesterday that Superferry may have concerns about language in the draft intended to shield the state from lawsuits but that those concerns could be resolved.

The latest version of the draft also removes language urging Lingle to waive attorney-client privilege in a planned state audit of her administration's review of the Superferry project. Instead, the draft urges the governor and other administration officials to disclose all relevant documents and to cooperate fully in the audit.

POLITICAL HEAT RISES

People on both sides of the Superferry issue are expected at the state Capitol today, and the political pressure is likely to intensify on House and Senate leaders and rank-and-file lawmakers.

Maui Tomorrow, one of the environmental groups that challenged Superferry in court, released a statement last night against a special session. "This seems to be typical of Governor Lingle's dealings with the Hawaii Superferry issue; her administration has been dedicated, for several years now, to minimizing legitimate concerns of Neighbor Island residents about the Superferry project," said Judith Michaels, acting president of Maui Tomorrow Foundation.

"We are extremely disappointed. We believe the court decision should stand. We trusted the judicial process and we will continue to fight to uphold Hawai'i's environmental law as it was intended, to safeguard Hawai'i's unique and fragile environment."

Superferry supporters are expected to rally this morning at the Capitol.

Many state lawmakers said they cannot recall similar public interest in a special session, including the session on bills to help the state's tourism-reliant economy after the Sept. 11, 2001, terrorist attacks on the Mainland.

"There just hasn't been one with this kind of interest," said state Sen. Sam Slom, R-8th (Kahala, Hawai'i Kai). "This is a different dynamic. I don't think there has ever been any issue that has driven the state like this."

OPERATING CONDITIONS

The draft bill would allow Superferry to resume operations while the state does an environmental impact statement, overturning a Maui court ruling that has barred Superferry from Kahului Harbor. The Lingle administration would impose operating conditions to address issues such as the threat to whales, the spread of invasive species and the protection of cultural and natural resources. An oversight task force would monitor ferry service and provide monthly reports to the Legislature, which could add operating conditions next session.

The Senate held three days of informational briefings on the Neighbor Islands. On Maui and Kaua'i, most residents were critical of the Superferry or of the draft bill, or both. A Big Island hearing yesterday was more evenly divided between supporters and opponents.

A public hearing on the draft by the Senate this morning at the Capitol could give an indication of how passionate people on O'ahu are about the Superferry.

Some in the Senate believe it would be politically difficult not to suggest amendments to the bill after hearing the pleas from residents on the Neighbor Islands.

Hanabusa said that even in the post-Sept. 11 session, when lawmakers were generally united, bills did not fly through unamended. Lawmakers, for example, softened what was known as the "King Ben" bill after complaints that it gave too much emergency powers to then-Gov. Ben Cayetano.

Hanabusa said it is doubtful that senators would adopt all 29 operating conditions suggested last week by Maui environmentalists but would likely want more specific guidance for Lingle than what is now in the bill.

"I don't think we have a majority of people who just say, 'Let Superferry sail,'" Hanabusa said.

Along with the Superferry, lawmakers will also consider an extended sentencing bill. The bill is in response to a state Supreme Court ruling this month that the state's law is unconstitutional because judges, instead of juries, determine the factors that lead to longer prison terms.

OTHER ISSUES

The Senate will also consider three of Lingle's Cabinet appointments, a nomination for judge on the Intermediate Court of Appeals, and dozens of nominations for boards and commissions. The Cabinet nominees are Laura H. Thielen as director of the state Department of Land and Natural Resources, Clayton Frank at the state Department of Public Safety, and Darwin Ching at the state Department of Labor and Industrial Relations. Randal Lee, an O'ahu Circuit Court judge, is the governor's nominee to the appeals court.

House leaders are also expected to make an announcement this morning on the status of House Vice Speaker Jon Riki Karamatsu, D-41st (Waipahu, Village Park, Waikele), who was arrested last week for alleged drunken driving after he crashed his car on the Moanalua Freeway.

Lawmakers and others counting Superferry votes in the 51-member House have only identified about a dozen who are potentially opposed to the bill. But they caution that several other lawmakers have said they are undecided and that amendments or political pressure could have an influence.

In the 25-member Senate, the vote count is less certain. Although a majority of senators have said they would back a Superferry bill, some of that support may falter unless the bill is amended with more operating conditions or other changes. A handful of senators have said they would likely oppose the bill.

"I think there is an internal battle going on in the Senate right now," Slom said.