The GUARDIAN made public the state’s ownership of Affordable Self Storage in 2010, touching off a controversy which has the Dept. of Lands claiming they “do it for the children.” Meanwhile business interests and some taxpayers cry foul over the tax-free advantage enjoyed by the state.

AP has details.

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When the legislature proposed a draconian law to clear the old courthouse lawn of Occupy Boise protesters, they included a clause that would classify their property as “litter” and destroy it.

Both Boise’s Top Copper, Mike Masterson and Super Trooper colonel G. Jerry Russell sent a letter to the Occupy folks thanking them for their civility during the protest.

Masterson told the GUARDIAN it was a tip from an Occupy protester that led to the arrest of the North End Tire Slasher, indicating the members are not “bad citizens.”

Here is the BPD stance if the legislation is passed:
If law enforcement is truly at the front line of safeguarding peoples liberties and rights then we (BPD) have an obligation to speak out and not wait for the courts to tell us they got the law wrong and thus our
subsequent actions were wrong as well. For this reason, I have advised the state we will not be participating in any activity associated with the removal of property should it come to that.

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There was strong written opposition to the plan before the IPUC, including a document filed by attorney Jon Steele. Much of the opposition was based upon the contemplated rate Idaho Power proposed to pay for the electricity generated.

Dynamis has already received $2 million from Ada County, but based on lack of financing and other questions surrounding the deal, it looks like it faces a huge battle before it becomes a reality.

The staff report cites older methodology, higher interest rates, prices higher than needed, and even the NEED for the generating capacity at the current time.

Here is a link to the STAFF REPORT.

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Ada was cleanly divided into nine legislative districts based on population and will likely remain unchanged. That makes a perfect fit for the Ada Commishes to each take three legislative districts to form the three county districts.

Now, here comes the intrigue and potential fireworks. The Commishes could decide to put Sharon Ullman and Vern Bisterfeldt in the SAME district since they are both up for re election. Vern has the historic edge with over 50 years of public service as a Boise copper and city councilor as well as former Ada Commish.

Ullman has a solid working knowledge of the commission and has worked hard on several projects including preventative health care services. It is no secret the two tolerate each other, but don’t play nice together. She favors the proposed Dynamis trash to energy project, he is opposed and wants the $2 million the county paid to Dynamis returned.

The next question is, “do they both run for Vern’s four-year seat or Sharon’s two-year seat?” The terms of office are staggered to prevent a total turnover at any given election. If Ullman and Bisterfeldt are put into a grudge match ultimate fighter cage, that means there will be an empty seat.

Former copper, chief, drug czar and city councilor Jim Tibbs isn’t currently in public office and his name has surfaced in GUARDIAN circles.

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Chief Justice Roger Burdick signed the order which said, in a nutshell, the parties seeking relief failed to show a right to that relief.

We really like to see “instant justice” dispensed in a timely and logical manner like that.

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Idaho House Speaker Lawrence Denney’s decision to file legal action in the Idaho Supreme Court against Secretary of State Ben Ysursa will probably lead to political and personal humiliation.

The speaker has overstepped his bounds in an effort to rid the redistricting commission of a member he deemed not loyal enough to Republican interests.

Denney and his lawyer, Christ T. Troupis have made a fundamental legal blunder–failure to consider the SEPARATION OF POWERS doctrine. Our system of government has LEGISLATIVE, EXECUTIVE, and JUDICIAL branches to create a “balance of power.”

Denney thinks he has appointed Dolores Crow to the reapportionment commission. He has not. He “nominated or designated” her, but the authority to convene the commission clearly lies with the Secretary of State. Same holds true for Republican party boss Norm Semanko. He suggested Randy Hansen be a member of the panel, but Semanko is without authority to appoint anyone.

The law requires the commission to file its report with the Secretary, not the legislature. In short it is his duty, not that of the legislative branch or a political party hack who has no official capacity in ANY government branch.

Since Denney and crew wrongly claim the authority to “appoint,” they certainly would have no authority to “dismiss” any members.

The law also prohibits any member from running for office for 5 years after serving. Lobbyists, and former legislators within two years of holding office are also banned from serving.

It would be counter intuitive to give a sitting politician the authority APPOINT or DISMISS any member to a redistricting panel. They can “suggest” but the authority to actually appoint members lies with the Secretary of State. Based on the opinion of the Attorney General, no one can fire or dismiss members–there is no provision in the law to do so.

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Folks there are tired of the behavior of their legislators and seek to change the constitution to prevent legislators from changing or repealing laws passed by voters.

We Idahoans have passed both term limits and a 1% property tax limit that have been ignored and repealed by the legislature. Voters have a short memory however because there was no major backlash at the arrogant move following an Idaho Supreme Court decision that declared “laws passed by the citizens are no different than those passed by the legislature–the legislature has authority to repeal either.”

To make it even worse, unlike Montana, citizen voters in Idaho cannot even petition to amend the constitution. Only the legislature has that right. They can pass an amendment with a two-thirds approval of both houses and a simple majority of voters. Voters have no similar right to force a vote on any constitutional issue.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF MONTANA:
Section 1. Article III, section 4, of The Constitution of the State of Montana is amended to read:
“Section 4. Initiative. (1) The people may enact laws by initiative on all matters except appropriations of money and local or special laws.
(2) Initiative petitions must contain the full text of the proposed measure, shall be signed by at least five percent of the qualified electors in each of at least one-half of the counties and the total number of signers must be at least five percent of the total qualified electors of the state. Petitions shall be filed with the secretary of state at least three months prior to the election at which the measure will be voted upon.
(3) The sufficiency of the initiative petition shall not be questioned after the election is held.
(4) The people reserve to themselves the powers to repeal or amend all laws passed by initiative.
(5) The legislature may not amend or repeal an initiative statute except by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without the approval of the electorate.”

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The issue in a nutshell is commishes Dolores Crow of Nampa and Randy Hansen of Twin Falls were not loyal (partisan) enough toward the Republican Party.

Idaho Code 72-1502 provides for appointments, but no dismissals. It looks like death or resignation are the only ways to create a vacancy.

Word “unda da rotunda” has it that Idaho Attorney General Lawrence Wasden will be duty-bound to represent the Redistricting Commission and Secretary of State Ben Ysursa if the issue hits the courts.

Chief Deputy Secretary of State Tim Hurst told the GUARDIAN Monday, “The reapportionment commission meets Thursday with the current members and there are no vacancies being recognized by Secretary of State Ben Ysursa.”

With no vacancy on the commission, no new appointments are in order despite a planned announcement Tuesday morning by Denney. Let’s see who blinks first!

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Idaho Power is happy to expand its transmission lines to take care of growth, but wants those who benefit and create the demand to pay for it, according to a new filing before the Idaho Public Utilities Commission.

Under the proposal, Idaho Power seeks to charge what amounts to “impact fees” to cut down on rate hikes borne by all the rate payers. That goes along well with the GROWTHOPHOBE idea that growth for the sake of growth is not a worthwhile endeavor. However, if someone wants to come here and pay their way–not with public money–we will welcome them.

Here is the text of an IPUC press release on the topic.

Idaho Power wants to shift more line extension costs to new customers

A full text of the commission’s order, along with other documents related to this case, is available on the commission’s Web site. Click on “File Room” and then on “Electric Cases” and scroll down to the above case number.

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Translation: the lady wasn’t partisan enough.

Secretary of State Ben Ysursa, the state’s chief election officer sought advice from the Attorney General. Looks like Denney will have to CHANGE THE LAW to suit his personal bias, but that’s nothing new for an Idaho legislator. The AG opinion said there is no mechanism in the reapportionment law to dismiss members–they have to resign or apparently die to “create a vacancy.”

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