Bill To Give Feds Control of Zoning Kept Private: Legislative ALERTS! and Updates

Senate Democrats yesterday barred the public from a committee meeting and vote on a land-use bill that opponents believe will impose federal standards on local zoning boards.

"This was no accident; this was a purposeful sham," said Mike Hardiman, spokesman for the American Land Rights Association, who lined up shortly after 8 a.m. to attend the 9:30 a.m. hearing in the Dirksen Senate Office Building. He said the senators were trying to pass an indefensible bill in secret.

The bill establishes a federal grant program that would pay to communities 90 percent of the cost of updating local zoning regulations. The subsidies would go to municipalities that meet guidelines established under the Clinton administration to "improve environmental policy" and avert "loss of community character," terms opponents call code words for anti-development regulations.

The bill's sponsors are Sens. James M. Jeffords, Vermont independent, and Lincoln Chaffee, Rhode Island Republican.

Mr. Hardiman said a Senate aide at 9:20 a.m. told him and others gathered to watch the vote that the time and place of the meeting of the Senate Environment and Public Works Committee had been changed.

It had been moved to the "President's Room," to which the public has no access. But when Mr. Hardiman and others demanded to know where and when, they were told only "somewhere in the Capitol between 10 a.m. and 11 a.m."

The precise place was posted only after more than a dozen members of the public had left the Senate office building. Committee members gathered in the secluded room shortly after 10 a.m. to pass the Community Character Act on a 12-7 vote.

A committee spokesman said the location was changed because two Senate floor votes also were scheduled for 9:30 a.m. The full Senate sets its vote times at the close of the previous day's business.

Mr. Jeffords, the panel chairman, started to move the bills on a voice vote, but Republicans called for the votes to be recorded.

As the vote came to a close, Sen. Robert C. Smith, New Hampshire Republican and an imposing figure in the small room said, "You didn't call my name, and I am the ranking member," as Republicans whispered to one another to keep the vote public, but they failed.

Sen. James M. Inhofe, Oklahoma Republican, said Republicans were told that the committee would vote after the two Senate votes and urged that the committee vote remain open.

"Some of our members wish to be recorded," said Sen. John W. Warner, Virginia Republican.

Voting in favor were Mr. Chafee, fellow Republican Arlen Specter, Pennsylvania, and Democrats Max Baucus of Montana, Harry Reid of Nevada, Bob Graham of Florida, Joseph I. Lieberman of Connecticut, Barbara Boxer of California, Ron Wyden of Oregon, Thomas R. Carper of Delaware, Hillary Rodham Clinton of New York, Jon Corzine of New Jersey and and Mr. Jeffords.

Voting against the bill were Republican Sens. Michael D. Crapo of Idaho, Ben Nighthorse Campbell of Colorado, Christopher Bond of Missouri, George Voinovich of Ohio, Mr. Smith, Mr. Inhofe and Mr. Warner.

Republican senators, asked about the room change, said the decision was out of their control, as Democrats run the committee.

Mr. Inhofe was the only senator who asked for his written objections to be entered into record. "I am opposing this legislation we are about to railroad through," he said.

"We tried to be as accomodating as possible," said committee spokesman Erik Smulson. "The meeting was open to the media and to anyone who had a form of identification the Capitol Hill police would let in."

The Capitol remains under rigid security since the September 11 terrorist attacks. Even before then, however, the President's Room was restricted to staff and media.

"I need to get press credentials," said Bob Harrison, director of public policy for Defenders of Property Rights. "Whatever protection they can give the bill in committee, they will not be able to give when the bill is on the floor."

Patricia Callihan of the American Association of Small Property Owners, called yesterday's move a "sneaky bait and switch."

"We are furious about what happened. We're going to have to put a tracking device on this legislation. It's harder to find than gold," Miss Callihan said.

"[A]merica will always stand firm for the non-negotiable demands of human dignity, the rule of law, limits on the power of the state, respect for women, private property, free speech, equal justice and religious tolerance." President George W. Bush, State of the Union address, January 29, 2002

"Chapter 8, Section 201 authorizes local governments to regulate the "location, period of display, size, height, spacing, movement and aesthetic features of signs, including the locations at which signs may and may not be placed." In addition to authorizing virtually unlimited government control over a business's ability to advertise, the government is granted control over even the content of a business's sign."

"It is a criminal offense to intentionally [defined as knowingly] violate the land development regulations of any local government. Each day of violation may be considered a separate offense." This means that a person could be sent to jail for unintentionally violated a land use regulation, if it can be established that the person generally knew that it was a crime to violate land use regulations."

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