[Congressional Record Volume 146, Number 135 (Wednesday, October 25, 2000)]
[Senate]
[Page S10992]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT OF 2000

  Mr. DeWINE. Mr. President, just before the August recess, the Senate 
passed the Religious Land Use and Institutionalized Persons Act of 
2000, S. 2869. I had some serious concerns about this bill as 
originally introduced. As my colleagues know, the distinguished 
chairman of the Senate Judiciary Committee, Senator Hatch and my 
distinguished colleague from Massachusetts, Senator Kennedy, came up 
with a bipartisan compromise that addressed many of the concerns I had 
about the initial bill. Specifically, I was concerned that the bill 
would have unintentionally impeded the ability of states and localities 
to protect the health and safety of children in a variety of ways. I am 
relieved that the new Senate version has a much more limited scope. 
Because the bill that was passed applies only to zoning decisions, 
landmark designations and institutionalized persons, it will not have 
any impact on child welfare systems, including the ability of states 
and localities to protect the health and safety of children. I see the 
distinguished Senator from Massachusetts on the floor and I would ask 
my colleague, as one of the authors of this new legislation, if my 
understanding of this legislation correct?
  Mr. KENNEDY. The Senator from Ohio is correct.
  Mr. DeWINE. Since the definition of ``land use regulation'' is 
limited to ``a zoning or landmarking law, or the application of such a 
law,'' am I also correct in understanding that this legislation will 
not affect the ability of states and localities to enforce fire codes, 
building codes, and other measures to protect the health and safety of 
people using the land or buildings, such as children in childcare 
centers, schools, or camps run by religious organizations?
  Mr. KENNEDY. Yes, the Senator from Ohio is correct.
  Mr. DeWINE. Am I also correct that the legislation will not affect 
civil rights laws that protect young people?
  Mr. KENNEDY. The Senator is correct.
  Mr. DeWINE. I thank my friend and colleague from Massachusetts for 
clarifying these points, and for working to pass legislation that does 
not compromise the health and safety of children and their families.

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