South Idaho Press from Burley, Idaho • 3

SOUTH lDHQ PRESS Burl Idaho, Friday. March H8I Pog 3 Idaho Today -Idaho Legislative Log- Killer aims chair at the prosecutor Killer is moved IDAHO FALLS. Idaho (AP) A district judge on Thursday sentenced Paul Ezra Rhoades to die for the fatal shooting of an Idaho Falls teacher, prompting Rhoades to throw his chair at the prosecutor. Rhoades, who was standing hen the sentences were read, grabbed the chair in which he had been sitting and threw it at the prosecution table about 12 feet away. As it slid across the table, Bonneville -County Sheriffs detective Victor Rodriguez grabbed it before it hit Prosecutor Kimball Mason or Deputy Prosecutor Sid Brown.

Rhoades struggled with deputies as they escorted him from the courtroom. His sister, Roberta, cursed at Mason after the sentence was read. The victim's husband, J.A. "Bert" Michelbacher, showed no emotion. He and two friends were removed from the courtroom quickly.

Boyle sentenced the 31-year-old construction worker to death for first-degree murder and first-degree kidnapping charges in the death of Mrs. Michelbacher. Boyle also sentenced the 31-year-old construction worker to life imprisonment without possibility of parole for conviction on robbery, rape and infamous crime against nature. Mrs. Michelbacher disappeared March 19, 1987, and her body was found two days later in a field west of Idaho Falls.

Rhoades was arrested for her death one year ago Friday at Weils, Nev. Bonneville County Sheriff Richard Ackerman said he expects to transfer Rhoades to the state penitentiary "within the next couple of days." He will join 15 other inmates on death row. Rhoades will have to be returned for a trial beginning April 25 on charges of first-degree murder and robbery in the shooting of Idaho Falls convenience store clerk Nolan Haddon, who died two days before Mrs. Michelbacher. He also faces sentencing May 9 in Blackfoot on conviction of first-degree murder and other crimes for shooting Stacy Baldwin in February of last year.

At the start of the half-hour proceeding Thursday, Boyle said he had reached a decision "after a great deal of thought and soul-searching." He said, "If ever a situation warranted the death penalty, it is manifested in this case." Boyle said she was shot in the leg as she tried to escape, then shot repeatedly and raped. He said she was rolled onto her back and the final shot fired into her chest. After the sentencing, Mason said he felt the judge had no choice but to give the maximum sentence on each charge. SUtw'efvVnt SiHI7 ihilurationi Permits school hoards lo u'o-cuc rerum trnvw citiin group tae Sttx huicjirgs jura fee ijudiciarv and Rules! Adds lewd i conduct with a minor cr.ild involving the use of a firearm or dead iy weapon to list of crimes suO-jee to an eterd-d pnsofi term of 15 Tars SBiJ77 Judiciary and Rules) Aiiows peace officers to arrest a person aboard an aircraft given reasonable cause and under circumstances. SB1JT8 Uudiciarr and Rules) Expands ability to to include any offense occumns aboard an aircraft.

SB14T4 1 Judiciary and Ruies) Adds new sections specifying dubes of law enforcement agencies with respect to notification of a muring child SB14' (Judiciary and Rules) Increases length of time from "15 to 30 davs in which an ad-judkatorv hearing must be held after filing petition under Child Protective Act. SB1305 (State Affairs) Requires filing of written statement within 30 davs after receiving campaign contributions report from a nonrepor-ting committee. SB1334 (Health and Welfare) Modifies Health and Welfare Department authority on Water Pollution Control Account and waste water facility loan account. SB1240 (Transportation). Changes regulatory agency for the mobile-manufactured housing industry from Department of Transportation lo Department of Labor and In dustnal Services.

SB1245 (Transportation) Recodifies local highw ay technical assistance account. SB13T9 (Judiciary and Rules) Makes it a felony to threaten a flight crew member or air- craft attendant. SB1446 (State Affairs) Authorizes governor to reimburse the disaster emergency account with restitution funds received from nonstate sources. HB690 (Revenue and Taxation) Makes beer with alcohol content in excess of 4 percent taxed as wine. HB411 (Resources and Conservation) Makes optional the penalty for late renewal af an outfi Iters or guides license.

B633 Sta te Affairs Provides for appointment of special prosecuting attorneys. HB671 (Local Government) Grants highway districts ordinance authority. HB684 Revenue and Taxation) Modernizes the Estate and Transfer Tax Act. HB696 (State Affairs) Allows water and sewer districts to change to recreational water and sewer districts. HB758 (Appropriations) Allocates $640,800 for 1989 operations of the office of the State Board of Education.

HB759 (Appropriations) Allocates $6.1 million in 1989 community college support. HB760 (Appropriations) Allocates $677,500 i in start-up money for expanded prison facilities. HB705 (Revenue and Taxation) Makes technical changes in the Private Activity Bond Ceiling Allocation Act. HB627 (Health and Welfare) Sets up procedures for challenge to child support withholdingnotices. HB650 (Resources and Conservation) Increases the vendors' fee on fish and game licenses from 50 cents to $1.

HB676 (Local Government) Allows irrigation districts to issue revenue bonds. HB478 (Resources and Conservation) Sets up penalties for unlawful killing of wildlife. HB613 (State Affairs) Allows voters to place a mark by the name of a write-in candidate if a mark is required under the tally system. HB514 (Health and Welfare) Authorizes use of living wills. Legislative Action Complete SCR136 (State Affairs) Urges Idaho Transportation Board and Idaho Transportation Department to designate a portion of U.S.

Highway 12 and state highways 13-14 between Grangeville and Kamiah as an Idaho Scenic Route. Defeated In House i SB1486 (State Affairs) Provides for sfhift differential pay for state employees starting in 1990 Introduced In Senate SB1562 (State Affairs) Limits liability of landowners when premises are used for recreational purposes. SB1563 (Finance) Allocates $356 million in state aid to public schools. Si- (. TrmriKii A Vis to ind mxii '-i lo prmKtr sUMrJ for If at tin'pd vs'-f! and niodoiri is motor HH8 rrra reparation and Drffnswl to pranae penalties tor im-pr'xwr us rtf soecia! fuei pmv is Kb.W7 iTrr.p.iruuoo and tfwii Corrects fammatical ermr in atatute stating that rwyjirwj to stop autcjsssns.

HB-W3 lAncuitural Aisairs) tlirrii nates requirement lor an annual inspection A a licensed nurserv. HBil (Revenue and Taxation) Changes due dale of state income tax return which is iutd for anv period of less than one vear. Hfe-til (Health and Welfare i Requires an educational pamphlet to be given each applicant for a mamaif license to aid the applicant in a self-administered confidential risk assessment for AIDS. HB433 (Health and Welfare) Provides a felonv. with penahes up to 15 years in prison, for knowinglv and willingly exposing another person to the virus which causes acquired immune defi-ciencv svndrome AIDS.

HBttf (Resources and Conservation) Provides for a water right claim in a general water rights adjudication. HB447 (Resources and Conservation) -r- Provides that water rights are not forfeited when land is placed in a set -aside program. HB457 (Stale Affairs) Clarifies the challenge of a specification document under Division of Purchasing procedures. HB4S3 (Health and Welfare) Establishes free-standing special care facilitv for the provision of care for the mentally retarded. HR4S5 (Revenue and Taxation) Eliminates a preferential tax rate granted to domestic wines in Idaho.

HB486 (Revenue and Taxation) Clarifies requirements for an exemption from sales tax for an occasional sale. HB505 (Business) Changes titles of officers and directors of credit unions. HB511 (Transportation and Defense) Increases state reimbursement to a school district for each student who has successfully completed the driver education program. HB523 (Agricultural Affairs) Allows an hv ligation district to trade in or exchange personal property. HB524 (Agricultural Affairs) Includes whey butter and whey cream butter within the definition of butter.

HB546 Business) Provides for statistical insurance data reporting dates. HB549 (Resources and Conservation) Allows an irrigation district to levy an assessment for study costs or purchase or lease of wa ter for a ground wa ter recharge project. HB572 (Commerce, Industry and Tourism) Allows sale of wine by a distributor to an employee Law Without Governor's Approval SB1484 (State Affairs) Increases the annual appropriation for legislative operating expense by $300,000 per year. Sent To Governor HB468 Education) Provides that child must reach age 5 before Sept. 16 for admission to kindergarten starting in 1990; advances starting age to Aug.

16 in 1991. HB418 (State Affairs) Allows 2.S percent steps in state employee pay scale. HB668 (Agricultural Affairs) Authorizes director of Department of Agriculture to require steps needed to remove the imminent potential threat of disease or pests. SB1388 (Investment and Retirement Funds) Provides for the confidiality of records of individual members of Public Employee Retirement Svstem of Idaho. SB13i8 (Local Government and Taxation) Provides that county commissioners have discretion to file a lawsuit to recover amounts expended for indigent assistance.

SB1434 (Local Government and Taxation) Requires voters in a county bond election to be registered voters of the county. i SB1361 (Transportation) Clarifies that the real property upon which commercial or industrial activity is located is included in those commercial or industrial zones which abut highways. SB1316 (Education) Requires local school boards to conduct an' annual, formal written valuation of the job performance of the district Senate panel endorse contractor BOISE, Idaho (AP) A bill that could become Idaho's first statewide contractor licensing law in more than 20 years has been voted out of a Senate committee with do-pass endorsement. But it didn't come easy. After a 90-minute hearing before the Senate Commerce and Labor Committee, the committee voted 7-3 Thursday evening in favor of a contractor licensing law that already cleared the House.

"The real winners under a licensing law are the consumers," said Helen Kreizenbech, Idaho Consumer Affairs. Committee Chairman Sen. Ann Rydalch, R-Idaho Falls, opposed the bill. Also voting against the measure were Sen. Mark Ricks, R-Rexburg, and Sen.

Bert D-McCammon. Marley did not make a statement. Ricks said it was a hard decision. "We ought to let the free enterprise system work," said Rjcks. "It is hard to try to protect people from themselves." Sen.

Dennis, Hansen, R-Soda Springs, also expressed fear that the measure would hurt part-time contractors in small voted for the bill. Kimberly rejects tree plan Idaho (AP) Convicted murderer Barryngton Eugene Searcy, who awaits sentencing, has been moved from the state prison's maximum security unit to the penitentiary hospital. Corrections Director Al Murphy said that Searcy will be transferred to the prison psychiatric unit as soon as space is available. Searcy, 21, Rexburg, was taken to the penitentiary at Boise last week after a Jefferson County jury found him guilty of first-degree murder, robbery and use of a firearm in commission of a felony. He was charged with the shooting death of Teresa Rice in Ashton last July Searcy's attorneys protested his being taken to the state prison, where he was first held in Unit 8, the same area of the prison where maximum security and death row inmates are held.

On Thursday, 7th District Judge H. Reynold George said Searcy will be be returned to court in St. Anthony April 8 for a hearing on a petition filed by attorneys Gordon Thatcher and Michael Kam. The petition seeks Searcy's return to Madison or Bonneville county until his sentencing May 27. Searcy was placed in a cell in Urut 8 when he arrived at the prison because there was no space in Unit 1, the psychiatric facility, Murphy said.

Unit 8 is also the Receptive Diagnostic Unit where prisoners are evaluated before placed elsewhere in the penitentiary. Searcy 's attorneys said they want Searcy returned to eastern Idaho so they can work with him in preparing a motion for a new trial and for other postconviction relief JJ Suicide pact victims found VALLEY, Idaho (AP) A husband and wife from California were found shot to death in a Sun Valley hotel room this week in what police called an apparent homicide-suicide. "The shooting appeared to have been an agreed-upon thing between the two," Sun Valley Police Chief Cameron Daggett said Thursday. "There were two wounds to the woman's head and, one to the man's, and there were no signs of any struggle." The identities and hometown of the 27-year-old man and 49-year-old woman had not been released by early Friday pending notification of relatives, Daggett said. 7" He said the killings were the first in Sun Valley history The man and woman were found dead about 7:15 p.m.

Wednesday in a room at the Elkhorn Resort. Each had been shot in the head with a small-caliber, semi-automatic handgun, which was found in the room, Daggett A note was found in the room apologizing for any incon venience they may have caused," he said. Daggett said the couple had been in Sun Valley for a little more than a week k'and seemed to kind of stay to themselves." AIDS plans are all signed BOISE, Idaho (AP) Gov. Cecil Andrus has signed into law the final pieces of a legislative package aimed at reining in the spread of deadly acquired immune deficiencysyndrome in Without cbmment, the governor on Thursday approved the last two bills in the seven-bill by Republican Rep. Russell Newcomb, a twin Falls surgeon.

v' The bills require marriage license applicants to read a pamphlet on AIDS and imposes a maximum 15-year prison term for intentionally infecting another person with the disease. The other bills require organ and blood donors and the organs and blood they donate to be tested for the AIDS virus, sets guidelines for personnel handling crime and accident victims, educational, medical and counseling programs for state prison inmates and guards, and mandatory testing of county jail inmates accused of certain sexual crimes. Andrus and legislative supporters have called the package a reasoned approach to developing a public policy on a disease they believe is a major 1 threat tQjjublic health. Idaho inmate hangs himself BOISE, Idaho (AP) An inmate at the Idaho State Pentitentiary hanged himself to death Thursday, using a sheet he had braided into a rope, Warden A.J. Arave said.

-t Richard Allen Lippert, 22, formerly of Ada County and serving a five-year prison term, died of asphyxiation at 3:20 p.m. Thursday, Ada County Coroner ErwinSonnenbergsaid. He said an autopsy was scheduled for Friday, but Lippert 's death apparently was a suicide. An investigation into the hanging will be conducted immediately by a three-member panel, Arave said. He said Lippert had been seeing a prison psychologist for stress-related problems recently and was being checked every 30 minutes by officers because officials were worried about his safety Lippert, who was being held in Unit 8, the prison's maximum-security ward, was found shortly after he died by a correctional officer, Arave said.

Ricks sets enrollment limit REXBURG, Idaho AP) A 7,500 student cap on daytime enrollment at Ricks College will be imposed this fall, college officials have announced. The decision to cap daytime enrollment at a level the current facilities can handle came after officials of the Mormon-operated junior college in- vestigated the effects of its spiraling student population. The school established a record enrollment last fall at 7,349 students, but Ricks spokesman Jim Gee said the new cap will not include continuing education students. Spring enrollment, traditionally lower than in the fall, slipped to just under 7,000. With no way to estimate what fall enrollment will be, Gee declined to sug-gest that students might be turned away this year, and he emphasized that the school could establish late afternoon and evening class schedules to accommodate enrollment beyond the daytime cap.

Officials are not sure why Ricks College has experienced such an increase in enrollment in recent years. But Gee speculated that it could be related to Jhe 1985 reduction in tuition that brought student costs at Ricks in line with those at public colleges. Andrus vetoes "flawed" law BOISE, Idaho (AP) Gov. Cecil Andrus has vetoed his second bill of the legislative session, striking down-a proposal amending state laws on the use of tinted windows and windshields on motor vehicles. I Andrus notified the Senate Thursday he has no problem with the concept of the Senate Bill 1359, but was forced to veto it because of what Andrus called a Jseriousflaw.

I The legislation requires the Legislature to approve any rule or regulation 7. 'needed to carry out the law. "Such language is totally unacceptable to me, and I believe should be unac- tn mn unHor fhn riivrrinA nf epnaratinn nf nnwprs the ffovernnr to hospital 1 o- of government in Idaho has exclusive and printed advertisments touting the several of Idaho's regional travel com- KIMBERLY, Idaho (AP) After anonymous telephone threats, heated anti-tree arguments and bickering between city leaders, the Kimberly City Council has rejected a donation of trees for a few blocks of downtown and the money to plant them. Councilman Jack Wright had offered to donate the trees to be planted along each side of Main Street this spring. But Councilman George Nauman said he had received three anonymous phone calls threatening to destroy the trees if they were license law It will be up for a final vote in the Senate within a few days.

Idaho had a statewide contractor licensing law in the 1960s, but shortly after it was passed, it was blocked by a lawsuit and the Legislature repealed the measure in the next session. Robb Holland, executive of the Southwestern Idaho Building Contractors Association, said that has caused Idaho to become a "magnet" for unscrupulous and unqualified contractors. The bill sets up a state licensing board. Contractors would be required to register, show proof of liability insurance, bonds and workmen's compensation coverage. The bill also requires all licensed contractors to prominently display their license number Thursday night's hearing, which stretched past 7 p.m., was the fourth major hearing on the legislation this session.

For the first time, a couple of contractors testif ied in opposition. J.C. Campbell, Caldwell contractor, said he was opposed to more government regulation. "I am op-posed to more Taws on top of more regulation," he said. He said people already can file civil or criminal actions if they have problems with contractors.

Boise and Monday in Twin Falls. More than 850 people have signed up to testify. Thomas Cochran, a physicist with the Natural Resources Defense Council, said the SIS, which would refine weapons-grade plutonium, is unnecessary because of a reduction in nuclear weapons. He cited comments by Energy Secretary John Herrington that the U.S. is "awash in plutonium." "If we're awash in plutonium today, we're going to drown in it tomorrow," Cochran said.

David Allbright, senior staff scientist for the Federation of American Scientists, agreed. "We're entering an era of arms control." approved tempt to sidetrack it and probably kill it for the session. The measure passed the House earlier this month on a 53-30 vote. "I've heard from thousands of senior citizens who are close to the ultimate issue we face todayand for their sake we should pass this bill," Sen. Herb Carlson, R-Eagle, said.

SIS foes boost case VJcn An Easier Ooslicl if SB At The Burley Mall- RegisterAtEach Mali Business To Win The Basket On Display In Their Store The Drawing Will Be Held SATURDAY, APRIL 2ND AT 3:00 P.M. IN THE MALL CENTER COURT You Don't Need To Be Present To Win! BOISE, Idaho (AP) Opponents of the Special Isotope Separation project brought in national experts to boost their case on the eve of hearings in Idaho on the project proposed at Idaho National Engineering Laboratory. And Chuck Skoro, head of the economics department at Boise State University, disputed the Department of Energy's estimates on the financial impact of the project. Skoro contended the risks for. financial disaster are greater than minimum economic benefits the project would bring.

Hearings get under way Friday in Idaho Falls on the draft environmental impact statement for the SIS. The hearings continue Saturday in Living will bill is BOISE, Idaho (AP) Legislation aimed at allowing people to decide whether they want life-sustaining procedures withdrawn once they near death has been sent to Gov. Cecil Andrus. The bill providing for so-called "living wills" was approved in the Senate on a 30-11 vote Thursday after supporters headed off an at The Easter Bunny planted. "I'm very disturbed, about this whole thing," Nauman said.

"I'm in favor of pursuing it farther," but in light of public opinion, "it's a foolish project" for the council to undertake. Councilman Avis Allen reported receiving similar phone calls threatening to destroy trees, At four' meetings on the project, residents complained that the eight-foot sidewalks are too' narr6vr to allow trees, that the trees would need to be watered and cared for. If and candy. yf? with the ItfXUJl VSvj Will Be At The Burley Mall Saturday, April 2 10 a.m. to 6 free Bunny Ears Have your picture taken Easter Bunny.

At t) Mini-Cassia's Own if tee uAM '8i A.CptflUlb jvi said. Andrus said the executive branch Delicious Heal Deals! The Horseshu's Frontier Kitchen is servin up great country meals at unbeatable prices. Hickory Smoked Beef Ribs 'power 10 prepare aiiu cany uuiauuiiuiea. "I believe very strongly in that fundamental concept," the governor said. SERGER SEMINAR Do Need One? Which Brand Is Best? How Much Do They Cost? What Do They Do? Regional tourists targeted A heaping platter of big, juicy ribs gm with all the trimmings.

if 0 "Poor Bovs" File! BOISE, Idaho (AP) Idaho is trying to lure tourists from neighboring states with television commercials An 8-oz. sirfoin wrapped with bacon plus all the extras. plus all the extras. i Gem State's recreational opportunities. Five individualized television commercials will air in Spokane and Salt A il lH Lake City through mid-April.

To coincide with the commercials, VI JUST 4tW ASf MORSESIfH VV "QTELtCASINQ JACKP0T' NEVADA mittees have designed coincidental newspaper, magazine and television campaigns, said Department of Commerce Director Jim Hawkins. I "The regional tie-ins are what will make this campaign so strong," I Hawkins said. 'I can't tell you how Ufrilled we are that the regions were i I -LI. 1 SATURDAY, MARCH 26TH 1:00 TILL 3:00 Call For Reservations 678-5713 MILL END FABRICS SEWING CENTER reaay, willing aiiu auie iu ue a pari ui uus campaign. The commercials draw attention to the newly available Idaho Vacation Guide, and carry a general theme of 'so much, so near.

The commercials airing in Spokane will emphasize the Panhandle area and southeastern Idaho, while the the Salt Lake campaign focuses on the southern and central part of the state. The $150,000 television campaign was funded by $100,000 general appropriation from the 1987 legislative session to the Idaho Department of Commerce, and $50,000 through the Idaho Travel Council Grant Program. 1358 Overland Ave. Burley, Idaho;.