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The Honolulu Advertiser
Posted on: Tuesday, October 23, 2007

Lawmakers say support is there for special session

 •  Maui opposes Hawaii Superferry bailout

By Derrick DePledge
Advertiser Government Writer

Hawaii news photo - The Honolulu Advertiser

Gov. Linda Lingle

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State House and Senate leaders told Gov. Linda Lingle on Friday that they had the support among lawmakers for a special session on the Hawaii Superferry and the issue of extended sentencing, but the governor has not formally called them back to the state Capitol.

In a letter, state Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha), and state House Speaker Calvin Say, D-20th (St. Louis Heights, Palolo Valley, Wilhelmina Rise), said they wanted to convene the special session at 9 a.m. tomorrow. Hanabusa also informed Lingle that the Senate was ready to act on Cabinet, judicial and other nominations from the governor.

Lingle, in a radio interview yesterday afternoon on the "Mike Buck Show," said there needed to be general consensus on a draft Superferry bill among her, the Legislature and the Superferry before she calls a special session. She also said she wanted consensus on a bill on extended sentencing, which would be in response to a state Supreme Court ruling that the state's law is unconstitutional because judges, instead of juries, decide the factors that lead to longer prison sentences.

In remarks during the radio program, Lingle sounded as if she would call a special session.

"I believe it's justified, Mike, because this service, I think, in the future, in the long term, people will be very grateful that we fought so hard for something that was going to benefit so many people," the governor said of the Superferry project.

Russell Pang, the governor's spokesman, said talks on the Superferry were continuing but he would not describe the issues being discussed. Pang and legislative and Superferry sources said, however, that there did not appear to be any major obstacles.

The legislative and Superferry sources, speaking on background, said Lingle had been concerned with a provision in the draft legislation requiring the state auditor to investigate the Lingle administration's review of the Superferry project. A legislative source said lawmakers have apparently agreed to drop language urging Lingle to waive any attorney-client privilege as part of the audit.

Lingle, like many in the House, also is concerned with possible amendments to the draft, sources said. Several lawmakers will likely want to amend the draft to include specific operating conditions on Superferry or to change the composition of an oversight task force.

Lingle, the sources said, also wanted some assurances from the Senate related to her Cabinet nominations.

Even though there has been no formal announcement, lawmakers are acting as if they are coming back. The Senate Public Safety Committee has scheduled a confirmation hearing this morning for Clayton Frank as director of the state Department of Public Safety, while the Senate Human Services and Public Housing Committee has set an afternoon hearing on appointments to the Hawai'i Public Housing Authority.

"I'm a little surprised a special session hasn't been called at this time," said state Sen. Will Espero, D-20th ('Ewa Beach, Waipahu), the chairman of the Senate Public Safety Committee.

State senators will finish up the last of three Neighbor Island informational briefings on the draft Superferry bill today on the Big Island.

Notices have already been posted for a Senate committee hearing on the draft bill at 10:30 a.m. tomorrow at the state Capitol auditorium.

"She's going to do it. We just have to give her some time," state House Majority Leader Kirk Caldwell, D-24th (Manoa), said of a special session.

Caldwell also said that House leaders believe the draft that has been developed over the past week and a half should proceed without amendments.

"We believe we have a fair and balanced bill that doesn't need to be amended at this point," he said.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.