r w w o r tv vt'fp r p r f rrr’rrrf wr rr r'nnrrrrrii im rw rrrr ww i ' 'i Tin Herald Journal Logan Utah I Saturday March In brief i case made their case against Idaho’s 1994 term limits initiative on Thursday in a bid to at least have die law’s application stayed for this year’s election - Coeur d'Alene attorney Scott Reed co-coun-cil Jerry Mason and Idaho Deputy Attorney General Matthew McKeown as well as a representative from the northern Citizens for Term Limits called witnesses to aid 6th District Judge Randy Smith in deciding if term limits coincide with Idaho’s Idaho-base-d : Constitution when it comes to restricting the number of terms county and local officials can serve Reed said the greatest harm could happen in Power County “It’s die most affected county in the state “ he said “Most of meir officials have been in office for 20 or 30 years Every single county official hem is involved m die lawsuit in some way” ' Reed and Mason argued constitutional requirements for running for county or local office do not disqualify longtime incumbents ‘ code House passes hill seeking tougher building standards BOISE (AP) --4 neat safety hazard” “We have a very seriousproMem in this state” Education Chairman Fred lilman said “If you don’t like this bill then you better come up with sane other solutions became the problems are still there” Designed as a companion to two The House approved the stick half of a plain for addressing school carro(-and-sd- ck proposals to make loans available to House-passe- d low-intere- safety problems over concerns it would undermine me of the dungs lawmakers cherish most about Idaho's education system — local control The 44-2- 3 vote on Friday came after almost an hour of debate on the st schools facing safety problems the bill was proposed by Gov Dirk Kempthome to fulfill what he said in his State of the State address wu a “moral responsibility” to ensure Idaho children have safe public schools Meanwhile the first week of an k trial before 4th expected District Judge Deborah Bail wound up across the street from die Capitol tall that would mandate development of statewide school building safety standards and establish a process for closing schools that pose any “immi-- three-wee- L Fifteen school districts are arguing that the state is not meeting is constitutional duty to ensure Idaho children can attend safe schools The bill sent to the Senate on Friday would create a correct the problem and if no action is taken the Division of Building Safety could seek a court order to shut down the school involved If the district willfully ignores the problem school trustee and one local state support payments and use die money to address the safety hazard nine-memb- er committee including one local superin-tende- nl to develop a uniform school building safety code that would be enforced by the state Division of Building Safety The proposal would require annual inspections by die Division of Building Safety for compliance with die code and school districts would be informed if any immediate risk of death or injury were found and verified by the state Department of Administration School districts then would have to the state schools superintendent would be authorized to withhold The bill also would require all school construction plans to by the Division of Building and that inspections of all Safety remodeling and new construction of schools be conducted by certified inspectors or licensed architects or engineers Opponents argued that such requirements essentially stripped local school officials of authority over their own building decisions Tobacco cash may cut health care costs Because term limits disqualify those with eight years of political service they argue the initiative proposes a change to Idaho’s constitu-do- n In Idaho voters cannot amend the constitution by initiative like voters in other states Thursday’s testimony also hinged on illustrating die weight of experience and the power of geographic proximity to their constituents with which local and county officials are privileged BOISE (AP) — fever is touching distribution of the initial earnings on the state’s tobacco settlement trust Tax-reli- ef fund Legislative budget writers on Fnday approved a $23 million package of health advoca- cy programs proposed by the House Health and Welfare Committee that earmarks $735000 to reduce county property tax spending on health care for poor people Court hears potato and Dunlap cases ' TWIN FALLS (AP) — The state ‘Supreme Court Wednesday heard with two cues one involving potato companies sod the other focused on a wrongful ffeathftuiL'n tfi ' v Potatoes SutfWfcy MagfcValley Foods and its sister corporation Rol-- : land Jones Potatoes Inc are appealing a Fifth District Court decision that compensated either side for the losses that were alleged during a civil suit Magic Valley Foods and Holland Jones Potatoes two potato process- “ ing companies with locations in Rupert had sued Sun Valley a fresh packer of potatoes after potato delivery wu halted because Magic Valley had an outstanding payment due on one of its contracts Fifth District Judge Daniel B Meehl had ruled that Magic Valley was entitled to lost profits and downtime and then offset the amount owed to Sun Valley for its delivered potatoes with that amount He also decided that Sun Valley had waived its right to deny the validity of the contract because it had not insisted on strict compliance with the contract and allowed the amount to grow so large Sun Valley's Burley attorney John Bradley argued before the Idaho Supreme Court on Wednesday He said that for mere to be a waiver if must be an intentional waiver or one’s right and a time lapse is not - aSfteS t ciKUifihvyt imon nni 1 11 aaSRl TWIN FALLS (AP) — Not since the federal government proposed a’ plutonium refinery in eastern Idaho in the late 1980s have so many people turned out at a public hearing in the Magic Valley More than 550 residents attended a public hearing Wednesday evening on federal efforts to recover endangered Snake River salmon and steel- - western Band of the Shoshoni Nation on Friday abruptly dropped its attempt to assert a water rights claim in the sweeping Snake River Basin Adjudication Just after beginning the oral argument in the case before the state Supreme Court the attorney for the band told the high court that the real interest of the Shoshonis was to claim hunting and fishing rights off the eastern Idaho reservation He agreed to drop the appeal in the water rights case after the state agreed it would not use that decision in any legal confrontation over hunting and fishing rights The band had gone to the Supreme Court after former adjudication Judge Daniel Hurlbutt dismissed its water rights petition for failure to press it in court and comply with court orders able to rpduce eJitijliiUJ ui tiunjutiiiiiio of using more Idaho irrigation water to help migrating fish The decision on the fate of the four dams rests with Congress And aides report the results of the hearings to the Idaho delegation members who will consider the number of comments on both sides along with other factors said Charles Barnes aide for US Rep Mike Simpson Laveroe Bronco of the Shoshone-Bannoc- k Tribes at Fort Hall reminded federal officials of treaties with Indian tribes signed long before the dams were built In those treaties the tribe gave up a portion of their lands in exchange for the rights to fish for salmon Bronco said the Shoshone-Bannoc- k fear that without breaching the dams the salmon will not recover Salmon are a cultural and spiritual center-piec- e for the tribes “We’re losing our tradition We’re losing our culture We’re losing our fish” Bronco said Several environmentalists favored breaching but opposed using any ho A panel of federal officials was in town to hear comments on a US Army Corps of Engineers environmental study on passage improver meats for salmon in die lower Snake River in southeastern Washington They heard comments on a study by nine federal agencies — the All-H Paper — t that lays but recovery options for endangered fish throughout the Columbia Basin not just the Snake River Most people in attendance just wanted to voice their opinions about breach' four federal dams on the TWIN FALLS (AP)— The North- Pf'J WU mmt J salmon recovery — die proposal to lower Snake River and die possibility Jevicaqd'titf ojaghrtq encoufagp 111X1’ Apfjholo Republican Sen Stan Hawkins of Ucon told the rest Joint Finance-Appropriatio- of the ns Committee But the amount is so small — just a fraction of the and millions of dollars S almon debate draws hundreds Magic Valley Foods' attorney Alan Goodman of Rupert argued his client had not made payment Tribe drops appeal over water rights £ Md as Monaon testifies at a public hearing on federal efforts to recover endangered Snake Rivwr salmon and steelhead in Twin Fals on Wednesday More than 550 rasklenta attended the hearing Not since the federal government proposed a plutonium refinery In eastern Idaho In the late 1980e have ao many people turned out at a public hearing in Magic Valley the most high profile issues of to II : 71 A:--: ailments tobacco-relate- d “If the counties take advantage of this they may well be DNe considered an intentional waiver because of the feu Sun Valley would breach its contract and not produce the potatoes it was supposed mil-lio- ns counties spend on indigent health care each year — tiut most lawmakers agtteed the Idaho irrigation water to increase flows through the reservoirs behind the four dams They said if the dams are not breached using more water from Idaho is the most likely alternative Opponents of breaching say taking out the Hama would affect the Lewiston area economy and raise power rates for some die results of breaching die dams are uncertain and the science does not justify the risk Several irrigators spoke out against using Idaho water for flow augmentation citing die potentially devastating effects on agriculture in drought 'years'' That could dry Up as many as 600000 acres and result in economic losses of $430 million annually They said there is little evidence to support die benefit of flow augmentation “The very future of southern Idaho ' depends on stored water for drought protection” said Dave Erikson of Buhl a member of the Idaho Water Resources Board subsidy from the tobacco trust fond would not lower taxes for Idaho property owners : The committee also turned back attempts to stray from its budget target that bare-bon- es accommodates the $41 million House-passe- d election-ye- ar tax cut It rejected an attempt by Democratic Rep Ken Robison of Boise to sweeten the college and university budget with $2 million to help close the gap between faculty salaries at Idaho schools and those at equivalent institutions elsewhere in the West ' Instead the committee used some earnings from the endowment fund to replace limited general tax money and reduced estimates for other expenses trimming $12 milDirk lion from Gov Kempthorne’s proposed general tax commitment to die four schools Senate rejects sharp increase in fines over water BOISE (AP) — A dramatic increase in the fine for nonirrigation uses of illegally diverted water was rejected Thursday by the state Senate The chamber voted 20-1-3 to kill die foil increasing the maximum fine from $50 for every cubic foot per second diversion to $500 for every calendar day the diversion continues Advocates said the existing limit is so minimal that people trying to secure the use of what may be die state's most valuable commodity simply build it into the cost of doing business But critics called the proposed maximum excessive especially when the Department of Water Resources still takes lengthy periods of time to process applications to transfer water rights one-ten- th Ban on open alcohol cans in vehicles approved After thumbing its nose at the federal government once the Idaho Senate on Thursday conceded to what members agreed was federal blackmail and approved a mandated ban on open alcoholic beverage containers in vehicles even those parked on die shoulder or in rest areas “Too many people are being killed by drank driFalls said vers” Sen Mel Richardson be to has done” “Something The measure wu forwarded to the House on a ho d bill he left and the Judiciary and Rules Committee unanimously backed Glenns Ferry Republican Sen Robbi Idaho Legislature amendment defining “dating relationship' in issue terms neutral on foe same-se- x 20-1vote It had been stymied on an earlier 6 would have added legislative Sali's vote but advocates managed to convince intent proposal stating that nothing in the bill should be enough of their colleagues that the penalties for conflicting with Idaho laws against interpreted failing to enact the open container ban by Oct 1 x same-seahd marriage were not worth suffering The state would be sodomy defines “dating amendment million construction from road shift to $2 required of a romansocial “a relationship relationship” to highway safety and hazard elimination protic nature” and lists factors that a judge may congrams an attack sider in determining whether a dating relationship Critics objecting to what they see Gender is not on state liberty and sovereignty argued that the exists under that particular law law did nothing to stop drunk drivers since there amongthem As passed by the Senate the measure limited foe are already local ordinances against driving with extension of the domestic abuse law to relationan open container The federal mandate they conships with the opposite sex tended wu aimed at passengers The foil House next will be asked to adopt King-- B ami da's amendment then the amendment bill Bill will be up for approval and the Senate will be asked to agree with foe House amendments The Senate earlier gave overwhelming approval A House panel rejected a bid to bar people in the legislation that wu pushed by foe mother of to same-se- x relationships from a bill aimed at Soda Springs girl a extending the state's domestic abuse protections to in abusive Cassandra Dehl was killed by her boyfriend dating relationships trapped After GOP Rep Bill Sali of Kuna cast foe only after the courts found no grounds to issue a protecvote on Thursday for his proposed change to a tive order barring him from coming near foe girL Senate-passe- King-Bamitia- 16-1- 3 u King-Bamitia- ’s u u on abuse curbs ignores orientation teen-age- rs t ufea 1 "i AMERICAN FALLS (AP) — local elected officials TWenty-oii- e : Page 7 hoo Jiidgb evaluating term-limi- ts 112000 liiiwriiii ’s :