Day 6 - Sine Die

The House passed the Superferry bill, SB1, SD1 today by a vote of 39 ayes, 11 noes, and 1 excused. The noes were Reps Berg, Carroll, Hanohano, Morita, Marcus Oshiro, Saiki, Shimabukuro, Sonson, Takamine, Takumi, and Tokioka. Here are some highlights:

Photo: House members give Blake Oshiro a round of applause

Speaker pro tem Blake Oshiro gaveled the House to order shortly after 12 noon. Anticipating many lengthy floor speeches, B. Oshiro reminded the members of House Rule 50.1 limiting floor debate to 5 minutes. Members may voluntarily yield their time to others, but he was not going to encourage or solicit them to do so. And then they were off...

Many members, both for and against the bill, reflected on the divisiveness in their communities and the need for the state to heal on this issue. Rep. Bob Herkes (Puna, Ka'u, South Kona) said that he has had three threats of recall if he voted for the bill. Rep. Roland Sagum (Waimea, Kauai) voted up on the bill on behalf of the overwhelming majority of residents in his district who favor the Superferry.

Rep. Ryan Yamane (Mililani, Waipahu) spoke in favor of Section 14 of the bill, which requires the State Auditor to conduct a performance audit. Section 14 says in part: The auditor shall conduct a performance audit on the state administration's actions in exempting certain harbor improvements to facilitate large capacity ferry vessels from the requirements of conducting an environmental assessment or environmental impact statement under chapter 343, Hawaii Revised Statutes. The audit shall also include the state administration's actions in not considering potential secondary environmental impacts of the harbor improvements prior to granting the exemption from these requirements.

Rep. Sharon Har (Kapolei) voted for the bill but expressed concern that Section 16 does not adequately protect the state from future claims. The section releases and waives the Superferry from any claims that arise from the effective date of the Act, and the Superferry indemnifies the state from claims brought through any of their actions, employees or agents.

Rep. Kyle Yamashita (Upcountry Maui) voted for the bill. He said the majority of people in his district favor the Superferry, but to the person, they were concerned about the invasive species issue. They believe that invasive species are already coming to Maui through other means, so it's not just a Superferry issue. He suggested that individuals need to become more aware of how they could be carriers of invasive species, and to start self-policing their own actions, such as washing down their own cars, and inspecting their clothes and shoes prior to transport.

We've included excerpts from Rep. Hermina Morita's floor speech and Rep. Kirk Caldwell's floor speech in a separate post.

The vote was taken around 2:30 p.m. Given that it was Halloween, Rep. Caldwell rose to thank the Minority for leaving candy on the desks, but that now he wasn't feeling so good...like he was leaning more to the right (joke). With that, Blake Oshiro returned the gavel to Speaker Say. Rep. Oshiro received a round of applause from the floor and compliments on running a smooth and time-efficient session.

Speaker Say pounded the gavel and adjourned the Special Session, Sine Die.

Photo: Returning the gavel to Speaker Say

Rep Caldwell's Floor Speech

A few closing observations for the record. Thank you to all members of the House, the public and the administration who participated in making this the best bill possible, that includes everyone, even the harshest critics. Not one of us is completely comfortable with being here. A special session should be reserved for unique situations – a last option. This is not the optimum way to do the public's business.

The title of the Honolulu Star Bulletin's editorial today is "Superferry legislation makes the best of a bad situation." I would agree. Through focused leadership, the House supported a carefully crafted measure that set a firm foundation and established the necessary basics for balanced action. The Senate made several amendments. All actions we can accept.

The bill allows the ferry to sail so long as it meets certain conditions and until a full EIS is completed and accepted. No more and no less. In our lengthy joint committee hearing Monday, we received a commitment from the Governor that the protocols and conditions she adds will be
more than the Superferry wants and less than the critics desire.

Our measure also calls for an audit to determine how and why the exemption for an environmental assessment was granted. The reason is simple. We need to know what went wrong before we try to fix it legislatively or we could do more harm than good. There is a big difference between a flaw in the law and a flaw in the administration of the law. We are expecting full cooperation from the administration in completing a comprehensive review so that we can prevent something like this from happening again.

On the Supreme court decision… it's important to look beyond the Superferry at how the court decision and the social experience will change the way we do business and the way we interact with each other. There are two big takeaways from the Hawaii state supreme court decision:

First, proposed projects covered by the law must include secondary impacts when conducting an EA or EIS.

Second, the court underscored that public participation in the review process of an EA/EIS benefits all parties and society as a whole.

Therefore, going forward, the government and the private sector, in laying out plans, need to work from those assumptions, rather than play chicken with the law or the court.

Community sentiment. For a relatively compressed period of time we have heard a lot from the community during this session. Whether you agree with him or not, Maui Council Chair Riki Hokama summed it up this way in Monday's House hearing:

"When are we saying enough is enough?" and "Who are we building for?"

Those words should resound in everyone's mind. In the future they must be asked and answered, before any concrete is laid, before the new technology is introduced and before the building goes up. Are we building for quality rather than volume? Are we creating self-contained communities where people can live, work and enjoy life without continually burning away hours having to travel elsewhere? Are we using the remarkable resources of these islands in respectful stewardship? For those who say those questions are too much to ask, wait until there is a project that comes along and impacts you to see how you feel if it is planned entirely behind closed doors.

Working within these assumptions and in a community that is demanding increased transparency, we must still strive for progress and excellence in this state and not slide into backwaterism. That is why I -- and I think most of us -- supported ferry legislation in this special session.

Thank you all again.

Rep. Morita's floor speech

Here are excerpts from Rep. Hermina Morita's floor speech, in opposition to the bill with a link to an opinion piece by Chief Justice Ronald J. Moon:

Mr. Speaker, I rise in opposition to this measure. The constitution of the State of Hawaii grants this body the power to enact legislation that is not inconsistent with the constitutions of the United States and Hawaii. We generally make laws to protect the health, safety and welfare of Hawaii's people and its environment. We should not be making laws to correct political fixes gone bad which is what Senate Bill 1, Senate Draft 1 attempts to do. I want to emphasize, in this bill this body is not making a new policy or protecting the public interest. Rather, Senate Bill 1, Senate Draft 1 establishes a process to circumvent existing laws to facilitate a permitting process.

Furthermore, our State Constitution, Article XI, Section 9 states:

Each person has the right to a clean and healthful environment, as defined by laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources. Any person may enforce this right against any party, public or private, through appropriate legal proceedings, subject to reasonable limitations and regulation as provided by law.

In Sierra Club v. Department of Transportation, Civil No. 05-1-0114(3) (Declaratory Judgment), October 9, 2007, Judge Joseph Cardoza found and concluded "that the balance of irreparable damage favors the issuance of a permanent injunction in this case as Plaintiffs have demonstrated the possibility of irreparable injury with respect to the environmental impacts of Hawaii Superferry operations on natural resources, protected species, increased introduction of invasive species and causing social and cultural impacts." Furthermore, the Court also found and concluded that "the public interest in implementing the environmental review process supports the granting of a permanent injunction in this case."

There is no dispute that the legislative intent of Chapter 343, specifically HRS 343-5(b) requires that the "acceptance of the requested final statement shall be a condition precedent to the implementation of the proposed action." And, simply put, Senate Bill 1, Senate Draft 1 clearly abrogates the constitutional rights of the plaintiffs in Sierra Club v. Department of Transportation.

There is no effort in this measure to "strike a balance between the issues of public interest and concerns for the environment" by allowing the Hawaii Superferry to operate. The public interest is served only when the rule of law is followed, not by changing the law to serve the interests of one company, especially after a judicial ruling and injunction against said company.

This body's own committee report states "Your Committees believe that State officials should have been more vigilant in the interests of protecting the environment while seeking to enhance the economy of the State and that more due diligence is required when making decisions that may have significant environmental impacts for future generations." Well, will someone please explain to me how you all can pass this measure and honestly say we are acting in the public's interest when the committee report clearly states otherwise and that the Administration was clearly derelict in its responsibilities to follow the law and protect the public's interest.

We can learn some important lessons from history. I mentioned several days ago on this floor that arrogance and speed led to the sinking of the Titanic. Much like the Titanic, in our quest to embrace new opportunities for economic development, we are acting solely on the information provided by the Hawaii Superferry without heeding red flags or performing due diligence to assess the acceptable amount of risk to the State and its resources in this endeavor.

But more importantly, we need to understand and respect the importance of judicial independence. I would like to submit to the journal an opinion piece by Chief Justice Moon dated July 24, 1999 which appeared in the Honolulu Star-Bulletin where the 1930's Massie alleged rape case and the subsequent murder of Joseph Kahahawai illustrated the need for an unfettered judiciary that would not bend to political pressure.

Finally, I think it is really appropriate that we are voting on this measure on Halloween. Senate Bill 1, Senate Draft 1 dressed in the facade of the toothless conditions is still one ugly bill that reeks the horrors of political favors gone awry and should be haunting this Legislature on how cheap we sold the credibility and respectability of this institution and our moral compass.

Adjournment Sine Die - Some Observations

Photo: Watching from the gallery are Superferry supporters and opponents.

The Special Session rather quietly came to a close this afternoon as the House voted 39-11 to pass SB1 SD1, a bill that would allow the Superferry to resume service while an environmental impact statement is conducted.

Although the end of the session was quiet, the floor debate was lively. Gov. Linda Lingle joined the scant crowd in the gallery for the opening of the floor session and sat through remarks from the first several speakers.

"We are one state, one Hawaii, not a divided Hawaii," said Rep. Joseph Souki, standing in support of the bill.

He continued, "The water is our highway, the air is our highway...why should we put barriers between the water and air?"

"[The legislature] shouldn't be making laws to correct political fixes gone bad," said Rep. Hermina Morita, who rose in opposition to the measure, describing it as "one ugly bill" that would haunt the legislature in the future.

"The public interest is served only when the rule of law is followed," she said.

Rep. Faye Hanohano also stood, as she did yesterday, to speak in Hawaiian about her opposition to the measure.

Many spoke in support, but with reservations. Rep. Angus McKelvey, described the bill as a "very imperfect measure," but added that he believed the public good that would come from its passage outweighed the negatives.

The debate continued for several hours with reps rising both in support and in opposition. Acting Speaker Blake Oshiro kept each speaker to his or her five minutes. He was applauded for his 6-day term as Speaker by all the members after taking his seat after the final vote. Rep. Calvin Say then reassumed the position of Speaker of the House.

In the end, after all the excitement and late hours over the last week, just a handful of die-hard legislature-watchers, several reporters and camera crews, a few legislative staff members (two in costume), some curious members of the public, and Superferry CEO John Garibaldi and ferry supporters watched from the gallery as the Special Session came to a close. The bill will now go before the Governor, who is expected to sign it into law.

Capitol Ghost Stories - The Walking Books

Happy Halloween from the House Blog Team!

The following story, submitted by Laura Figueira, is my favorite in the Capitol Ghost Stories series. There is something a little more chilling about a story when it happened to someone you know in current time. Laura is from Senator Robert Bunda's office and was his chief of staff when Bunda was Senate President. He once told me the mysterious story about Laura's bookshelf and how the volumes of the Hawaii Revised Statutes would be moved out every morning, even though they were pushed back every day. A few weeks ago, I asked Laura if it was true. She writes:

True story. When Senator Bunda became Senate President in 2000, we decided to utilize the basement storage room behind the outer office reception desk. It had the advantage of being accessible from the President's office, the Senate Chamber and the Clerk's office. There were several file cabinets along the back wall on the left side of the curved hallway leading to the Senate Clerk's office. I used the tops of the cabinets as a book shelf where I placed a row of the latest HRS books and Supplements. Several books simply refused to stay put along the wall. We would push them all in at night and find them out an inch or two again in the morning. One book would even "walk out" farther than the rest.

After a few episodes of this, I checked with the former occupant of the front office who told me she used the back office only during session. There had been no bookshelf back there previously, but other strange things had happened, the spookiest of which was her computer keyboard typing without being touched. Other people in the basement have reported hearing children's voices laughing or crying. Staff in the clerk's office claimed they had found things misplaced on some mornings such as certain items falling off the shelves at night.

Although totally unsubstantiated, some sources say there are sites close by that were used as mass graves following the 1848 measles epidemic, and the site closest to the Capitol was used for children who died from the disease. We could never find a logical cause for the walking books, but interestingly enough, the volume that would stand out every morning was #6, Title 19, dealing with Health.

Photo: Queen's Hospital, located near the site of the future state capitol, during the time period of the 1848 measles epidemic. Approximately 10,000 residents died in the outbreak.

Editor's Footnote: The office is now back to being a storage room, and the current occupant of the outer reception office, claims he hasn't seen or heard anything unusual...yet.

Former Rep. Harbin loses appeal

The HI Supreme Court blog today posted news on former Rep. Bev Harbin.

Students become "Leaders for a Day" on Oahu, Kauai, Maui and Big Island

As part of the 2007 Hawaii "Leader for a Day" Program, 91 middle and high school students from across the state will get to see first-hand how elected officials address Hawaii's biggest issues. They'll shadow Gov. Lingle, Lt. Gov. Aiona, the Mayors of all four counties, Dept. of Education Superintendent Pat Hamamoto and members of the legislature.

This is the first year that at least one student will shadow each member of the House of Representatives and Senate during the legislative session.

Over 349 essays were received for the "Leader for a Day" Essay Contest. The winners were chosen based on their essays about issues of particular concern to their communities and how they would address those issues if they were in charge.

The winners will get certificates of recognition from the House and have been invited to a ceremony in the Governor’s Executive Chambers this week and a reception at Washington Place with the recipients of Hawaii’s Outstanding Advocates for Children and Youth.

"Leader for a Day" is an annual program sponsored by the House and Senate as part of Children and Youth Month (October).

Congrats!

Day 5 - Superferry Bill passes 2nd Reading

Day 5 has been a relatively quiet day on the House side, with much of the media attention gravitating toward the failed confirmation (9 ayes, 16 noes) of Randal Lee to the Intermediate Court of Appeals by the state Senate. During the House floor session this afternoon, members voted to pass SB1, SD1, the Superferry bill, by a voice vote on second reading. The following members stood to indicate their vote. Reps Morita, Hanohano, Carroll, Shimabukuro and Tokioka voted "noe", Reps McKelvey, Green, Berg, Belatti, Manahan, Har, Sonson , M. Oshiro, Ching, Yamane, Bertram, and Waters went WR - with reservations, and Reps Caldwell, Pine, and Ward voted in favor of the bill.

Rep. Hanohano, the only member of the caucus who speaks Hawaiian, rose to give her comments in the Hawaiian language. Speaker Emeritus Souki requested a translation in English. Speaker pro tem Blake Oshiro stated that since both English and Hawaiian are official languages of the state, the translation was not required. However, Rep. Hanohano agreed to send Speaker Joe a translation at a later time. The House stands adjourned until 12 noon tomorrow. It will be cablecast on Olelo (awaiting a channel #). If you plan to watch, anticipate a lengthy session with many floor speeches on the Superferry bill as it comes up for third reading.

How much will the Special Session cost taxpayers?

Can't speak for the Senate, but based on figures provided by the House Chief Clerk's office, the only non-budgeted item related to the Special Session is the per diem cost, $150 per day, for our 16 neighbor island representatives. If the session ends tomorrow, October 31st, that will mean 8 days X 16 members X $150, for a House of Reps total of $19,200.

Photo: The print shop crew working through the Special Session

Capitol Ghost Stories: A Dedicated Worker

In the mid 70's, some security guards who patrolled the building in the evening experienced strange happenings in the Chamber Level, around the corner from where we've been having the Superferry bill hearings recently.

In the hallway leading out by the back entrance to the Senate Print Shop near the Senate Clerk's Office, some guards would hear the running of what sounded like a mechanical, belt-driven, off-set press. This was odd because there were copiers in the print shop and it was during the interim when the Legislature was not in session.

When a guard would open the door, the lights would be off and the copiers were not on. In fact, a couple of guards who touched the surface of the copiers found them to be cold. This happened on several occasions for single guards on patrol.

On one evening shift, a couple of guards got together and went on patrol after reports of hearing the running of the presses. As they heard the sounds, they split up to coordinate and enter through two separate doors, hoping to trap a prankster or perhaps someone using the copiers illegally. When they entered, the room was dark except for the light coming in from the hallway door. One guard immediately checked the copier that was cold to the touch and he caught a glimpse of what he believed to be an older Chinese woman moving away from the light. His partner didn't see the woman at all and they were both flustered by the incident. But that night was the last night the incident occurred.

A few days later, when picking up their paychecks, they saw a staff member coming out of the print shop area and told her about the incidents. She asked the guard to describe the woman that he saw that night. After he finished she said she thought that sounded like a former worker who started working from the time the legislature held sessions in 'Iolani Palace, when they had off-set presses to print bills and reports.

When pressed to find out what happened to her, the staff member explained that the woman left because of medical reasons, which made her sad because she loved her work and spending time with her co-workers. The staff member further explained that the woman recently died just over a month ago.

One of the guards, startled by her statement said that was around the time the incidents had started and told the staff member that the incidents only stopped the past week.

The staff member paused. That was an odd coincidence, she said, because that would have been around the time the woman officially retired.

Day 4: House TRN/FIN committees vote up Superferry bill

After nearly 10 hours of testimony from speakers that included the Governor, the House committees on Finance and Transportation voted to pass SB1 SD1 unamended. The bill now goes before the full House which will decide tomorrow whether or not the bill should pass Second Reading.

For the Committee of Transportation, there were 10 ayes, 0 noes and 3 excused. The votes were as follows: ayes: Nakasone, Pine, Evans, Lee, Nishimoto, Souki; ayes with reservations: Har, McKelvey, Sonson, Takamine; noes: none; excused: Meyer, Luke, Takumi.

For the Committee on Finance, there were 13 ayes, 2 noes and 3 excused. The votes were as follows: ayes: Lee, Brower, Chong, Magaoay, Mizuno, Nakasone, Sagum, Rhoads, Awana, Ward; ayes with reservations: Har, Manahan, M. Oshiro; noes: Carroll, Hanohano; excused: Tokioka, Meyer, Belatti.

The House will convene at 2 p.m. tomorrow.

A tense exchange

Rep. Marcus Oshiro turned up the heat in the icebox, aka Capitol Auditorium, this afternoon. In a tense exchange with Governor Lingle, Chair Oshiro questioned the governor on why the legislature should pass a bill specifically to save the Superferry. The governor explained that she doesn't believe that the purpose of the bill is to save one company; it's about saving the service that the Superferry provides for the people of Hawaii.

Oshiro also had questions on the relationship between the Superferry legislation and the Supreme Court decision on the interpretation of the environmental review statute (chapter 343). He pointed out that the bill before the legislature does not address the Supreme Court decision, and that there is still uncertainty about the application of the law. The governor agreed that the legislature should review the statute next session, but that it was not necessary to make changes to that section of the law in order to save the Superferry service.

Oshiro's hard line of questioning led up to his final point which was to question why the Superferry needed to be "saved" when the Hawaii Superferry is not a "mom and pop" operation; indeed, it is a company with great political and financial resources. "I'm not convinced that this company needs to be saved," said Rep. Oshiro. "This is a company that is well-heeled, well-financed, well-connected that does not need the Hawaii state legislature to save it." Speaker Emeritus and Transportation Chair Joe Souki called a recess when it became apparent that Rep. Oshiro and Governor were going to continue to be in disagreement on that point.

Late this evening, Chair Oshiro expressed appreciation that the governor appeared today after receiving his letter, as did OEQC Acting Director Larry Lau. As the chair of Finance, he recommended that the committee vote aye with reservations, but also encouraged members to vote their conscience on the issue.

TRN/FIN welcome testifiers, including Gov. Lingle

The House Transportation/Finance committee joint hearing on the Senate version of the Superferry legislation (SB1, SD1) is currently underway in the Capitol auditorium.

Gov. Lingle spoke briefly and will remain to answer questions from committee members starting at 3 p.m., along with other testifiers including Superferry CEO John Garibaldi and First Deputy Attorney General Lisa M. Ginoza.

Earlier in the day, Finance Chair Marcus Oshiro sent a letter to Gov. Lingle requesting her presence at the hearing, especially to respond to testifiers' concerns last week about her willingness and ability to establish conditions and protocols "to mitigate significant environmental effects" of the ferry, as is stated in the current legislation.

Kauai County Council member JoAnn Yukimura also testified, expressing her concerns that the Superferry would threaten Hawaii's environment statewide and could change the character of the neighbor islands. Yukimura also offered her support for elements of the amendment proposed by Rep. Hermina Morita on Friday which included reducing the ferry's speed in waters of a certain depth and requiring the vessel to do an undercarriage wash before sailing.

Watch the hearing live on 'Olelo, Ch. 49.

Chair Marcus Oshiro sends requests to Governor, Thielen and Lau to appear at today's hearing

Late this morning, Chair of Finance Marcus Oshiro sent letters to Governor Lingle, DLNR Interim Director Laura Thielen and Acting Director of OEQC, Lawrence Lau, to appear before the joint Transportation/Finance committee hearing. Oshiro acknowledged the lateness of the request, but wondered why the three have not appeared before the hearings at the special session.

Excerpts from the letter to the Governor: The legislation requires you, the Governor, to establish conditions and protocols "to mitigate significant environmental effects". During a recent hearing on the House version of this legislation, several citizens of the state of Hawaii expressed concerns about your willingness and/or ability to create such conditions and protocols.....At this point in time, it does not appear that you have submitted testimony nor are planning to appear at the hearing. I respectfully request that you attend the hearing to help allay the fears of those expressing concern in the establishment of these protocols.

Excerpts from the letter to DLNR Interim Director: The legislation requires you, or your designee, to be one of the thirteen members of the temporary Hawaii inter-island ferry oversight task force. In addition, conservation and resources enforcement personnel of your department may be tasked with additional duties as a result of this legislation....At this point in time, it does not appear that you have submitted testimony nor are planning to appear at the hearing. I respectfully request that you attend the hearing as this proposed legislation has a direct effect on your department.

Excerpts from the letter to Acting OEQC Director: Your office, the Office of Environmental Quality Control, has a direct responsibility in the review and evaluation of an environmental impact statement law and the current Supreme Court decision. In addition, a previous hearing on the House version of this legislation brought up questions regarding the environmental review process and your office's advisory role to the Governor.....At this point in time, it does not appear that you have submitted testimony nor are planning to appear at the hearing. I respectfully request that you attend the hearing as this legislation has a direct effect on your office.

House Hearing on Olelo, Ch. 49

The House hearing at 1:30 p.m. will be on Olelo, Ch. 49.

Day 4 - Senate Session this morning

Today is a critical day for the special session, hinging on the Senate third reading votes on SB1, SD1, and SB2, whether these bills this morning crossover to the House unamended, and what the House Transportation and Finance committees do with these bills at the end of the day.

Here's what happened in the Senate: SB1, SD1 Relating to Transportation (Superferry bill) passed third reading with 20 ayes and 5 noes. Ayes: Chun-Oakland, Espero, Hemmings, Inouye, Slom, Whalen; Ayes with reservations: Bunda, Fukunaga, Gabbard, Hanabusa, Hee, Ige, Ihara, Kim, Menor, Nishihara, Sakamoto, Taniguchi, Tokuda, Trimble; Noes: Baker, English, Hooser, Kokubun, Tsutsui. Click here for bill status.

SB2 on Extended Sentencing was not on the agenda. Come to think of it, the Senate did not hold a hearing on SB2, so looks like they are going with the House vehicle.

Extended Sentencing Information

There's a helpful post, click here, on the Hawaii Opinions and Legal News Blog on the extended sentencing issue, including legal background and million dollar question going forward.

Day 3 - HB1 and HB2 pass critical third reading

Speaker pro tem Blake Oshiro called the House to order at 3:00 p.m. today. It has been a relatively quiet day after the 12-hour public hearing yesterday. Recess was called after the roll call, and both majority and minority met in caucus for less than an hour.

HB2 Extended Sentencing: After the recess, about 4:00 p.m., the House came back to address HB2 - the Extended Sentencing bill - up for third reading. There was a brief discussion, and then the House voted to pass the bill on third reading, with Rep. Joe Bertram from Maui being the only "noe" vote.

HB1 Superferry Amendment offered: Rep. Hermina Morita offered Floor Amendment No. 1, seconded by Rep. Faye Hanohano. (See Kim's post on the details of the amendment.) Many of the representatives who stood up to speak on the amendment, for and against, praised Rep. Morita for the substance of her work. Rep. Angus McKelvey from Lahaina said his objections were mostly procedural, but that Rep. Morita offered good ideas that should be considered as the House goes forward with the existing bills. Majority Leader Caldwell pointed out that two points in the amendment could be considered "deal breakers" for the Superferry, namely the slower speed, 13 knots in most waters around the Hawaiian islands, and requiring the Superferry to do an undercarriage wash prior to sailing. Caldwell said that "we can't support the amendment if we want the ferry to sail." (Rep. Ward added allegorically that "it turns the superferry into a carwash and a slowboat to the neighbor islands".) The amendment failed.

HB1 Superferry Third Reading: There was less discussion on the HB1 up for third reading, as many of the representatives opted to submit written comments to the House Journal. Rep. Joe Souki said, in support, that the ferry "will be the glue that will bind the state together." Rep. Bertram, in support, believes it will be necessary to provide more resources for the Department of Land and Natural Resources in order to monitor the environmental impact of the ferry. Rep. Sharon Har from Kapolei, in support, emphasized the importance of the release and indemnity clause of the bill and cited the need to protect the taxpayers who would ultimately pay for any litigation. The bill passed third reading with 9 members voting "noe" - Belatti, Berg, Carroll, Hanohano, Morita, Saiki, Shimabukuro, Takamine and Tokioka.

On Monday: The Senate is scheduled to go into session at 9:00 a.m., and it is anticipated that the SB1, SD1 will pass third reading and crossover to the House unamended. The House will go into session at 12 noon, and pass the bill on first reading. The House will then hold a public hearing on the Senate bill at 1:30 p.m. in the capitol auditorium.

Day 3: House amendment offered by Rep. Morita

The House floor session ended just now with the Reps voting to pass HB1 unamended. The bill now crosses over to the Senate side.

On the floor, Rep. Hermina Morita rose to propose a floor amendment that would impose certain conditions on the Superferry's operation not currently in the House bill, such as speed limits in waters of a certain depth and measures to prevent invasive species from moving between islands via the ferry. The amendment also tasked the Public Utilities Commission, not the governor, with evaluating the efficiency of the regulations and gave the PUC the responsibility of imposing any other necessary conditions to further protect the environment.

This would also eliminate the need for a Task Force (proposed in the current bill) to monitor the Superferry's operations, Rep. Morita said.

The amendment to the current bill would give the legislature a chance "to sideswipe, rather than go full speed ahead" into the metaphorical iceberg that the Superferry situation has become, she added.

Several of her colleagues spoke in favor of the amendment, including Rep. Sylvia Luke, Rep. Lyla Berg and Rep. Della Au Belatti. Rep. Luke favored the idea of giving the duty of oversight to the PUC and said that even though the amendment would make the House bill look more like the current Senate bill, that would mean that the House and Senate were moving closer to finding a compromise on legislation that is acceptable to both chambers.

Rep. Caldwell, Rep. Souki, Rep. Ward and Rep. Meyer spoke in opposition to the amendment, but commended Rep. Morita for proposing the amendment. Rep. McKelvey also rose to oppose the amendment, but applauded Rep. Morita, saying "Ho'oponopono is about coming together in the spirit of compromise."

The House voted and the amendment was defeated, 11 ayes, 35 noes and 5 excused.

The House then voted to pass HB1 unamended and cross the bill over to the Senate. The motion passed with 9 reps voting no (Reps. Belatti, Berg, Carroll, Hanohano, Morita, Saiki, Shimabukuro, Takamine and Tokioka) and 5 excused.

Acting Speaker Blake Oshiro adjourned the House until noon on Monday.

House hearing on amended Senate bill set for Monday

The House Finance and Transportation committees will hear input on the recently amended Senate version of a bill (SB1 SD1) to allow the Superferry to sail under new operating conditions while an environmental assessment is being conducted. The House will convene in a floor session at noon on Monday to accept the Senate bill and the hearing will begin at 1:30 p.m. Click here for the hearing notice.

WHEN/WHERE:

Monday, October 29, 1:30 p.m. in the Capitol Auditorium, Chamber Level

HEARING NOTICE:
The draft bill can be found on the Hawaii State Capitol Website. A hearing notice will be posted soon.

HOW TO SUBMIT TESTIMONY:
There are two ways to submit testimony – by hard copy delivered to the House Chief Clerk's Office (State Capitol, Room 027) or by Email. Either way, testifiers will be given a registration number, which will serve as their place number on the testifier's list. Testimony should be less than 5 pages in length.

Paper Hard Copy: One (1) original document may be hand-delivered to the House Chief Clerk's Office on the Chamber level of the State Capitol (Room 027). The testifier will be given a registration number for the testifiers' list.

Email: (**Please note that email addresses have changed for this hearing**) Testifiers should first determine whether they want to testify in person or just submit testimony for the record and not testify in person. To testify in person, email testimony to: mailto:HseinpersonSBTestimony@Capitol.hawaii.gov. Testifiers will receive a reply confirming acceptance of the testimony and their assigned registration number.

To submit testimony for the record, send email testimony to mailto:HsewrittenonlySBTestimony@Capitol.hawaii.gov. Testimony will be accepted until the end of the hearing, however, the earlier one submits testimony, the earlier they will be called to testify at the hearing as their registration serves as their placement on the testifier's list. The Chairs will go in numerical order.

After the start of the hearing, and once the chairs start to move through the testifier list, testimony that has been presented will be posted for public viewing online at the capitol website. After the hearing, testimony will be PDF-searchable.

PARKING:
Metered stalls at the State Capitol (Miller Street entrance), Iolani Palace, U.S. Post Office, Kalanimoku Building (entrance from Punchbowl Street or Beretania Street), City and County parking lot (entrance from South Street or Beretania Street), Department of Health (Punchbowl street entrance) and street parking along Richards Street. There are numerous public parking lots downtown, but the closest is at Alii Place (Alakea Street entrance)

CABLECAST:
The hearing will be live on Olelo, public access television, Channel 53.

INFO DESK:
Located directly outside the Auditorium for help with general information and questions, to track testifiers, confirm registration numbers, etc.