Robert A. Stuart

Legal & Legislative Notes by Robert A. Stuart

"BETTER COMMUNITIES ACT" (FEDERAL SPECIAL REVENUE SHARING BILL) EXCLUDES SPECIAL DISTRICTS FROM REVENUE SHARING

The current "Better Communities Act" (H.R. 7277) which has been referred to the House Committee on Banking and Currency again precludes direct participation in Federal revenue sharing by special taxing districts including park districts in Illinois. H.R 7277, introduced into the 93rd Congress on April 19, 1973, contains the following statement of findings and purpose:

"SEC. 2. (a) The Congress finds and declares that—

(1) States and units of general local government are the most appropriate levels of government to develop and to carry out community development programs and activities.

(2) Federal assistance for community development is presently so excessively fragmented and controlled at the Federal level, channeled through so many separate overlapping and independent grant programs, and to so many different special purpose bodies and agencies that it has become an ineffective use of the Federal funds devoted to assistance for community development.

(3) The effectiveness of Federal assistance for community development would be improved by making Federal resources allocated for such purposes available to States and units of general local government to use with broad discretion in light of their evaluation of their own community development needs and the resources available to them to meet those needs.

(b) It is therefore the purpose of this Act to help States and units of general local government to deal more effectively with the broad range of community development concerns by replacing inflexible and fragmented categorical programs of Federal assistance with a simpler, more certain, and more expeditious system of Federal revenue sharing assistance which will encourage the exercise of State and local responsibility.

DEFINITIONS

SEC. 3. (a) As used in this Act—

(2) The term "unit of general local government" means any city, municipality, county, town, township, parish, village, or other general "purpose political subdivision of a State; a combination of such political subdivisions recognized by the Secretary..."

COMMUNITY DEVEOPMENT ACTIVITIES ELIGIBLE FOR ASSISTANCE

SEC. 4. Community development activities for which a recipient may utilize shared Federal revenues provided under this Act may include—

(1) Acquisition of real property (including air rights, water rights, and other interests therein) which is (i) blighted, deteriorated, deteriorating, undeveloped, or inappropriately developed from the standpoint of sound community development and growth, (ii) necessary for the preservation or restoration of historic sites, the beautification of urban land, the conservation of open spaces, natural resources, and scenic areas, the provision of recreational opportunities, or the guidance of urban development, (iii) determined to be appropriate for rehabilitation or conservation activities ..."

The Bill further sets forth a formula for allocation of the funds established primarily upon the basis of (a) population, (b) extent of poverty, and (c) extent of housing overcrowding. Thus H.R. 7277, if adopted, would clearly establish in its statement of findings and purpose the legislative intent to exclude direct participation by park districts in Illinois of Federal revenue sharing funds. While such language would not preclude the distribution by the State of funds to park districts or other special taxing districts within Illinois, it would indicate that general purpose government is clearly intended to be the recipient of the greater portion of funds. If adopted, the provisions of this Federal measure would most seriously affect planned programs for parks and recreation within the State of Illinois, the greater portion of which on the local level have been made possible only through the work of park districts and their elected officials. Because of the elective and representative nature of park districts as special taxing districts within the State of Illinois, this matter must be forcefully brought to the attention of the Congressional delegation of Illinois in the Congress and an amendment of H.R. 7277 and similar Federal legislation urged to meet the problems of parks and recreation in this State.

Illinois Parks and Recreation 6 July/August, 1973

The companion bill to H. R. 7277 in the Senate is S. 1743. At the same time S. 1743 was introduced, Senator Sparkman of Alabama introduced S. 1744 which is identical to the special revenue sharing bill passed by the Senate last year which included "recreation" as a "priority expenditure" but limited distribution of funds to "units of local government which are units of general government."

CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT OF ILLINOIS UPHOLDS VALIDITY OF ORDINANCE BANNING MOTORCYCLE TRAFFIC FROM PARKS

In a Circuit Court decision filed in the case of William H. Kelso, d/b/a American Cycle Agency, Plaintiff vs. Springfield Park District, Defendant, the court sustained the validity of an ordinance banning motorcycle traffic from Springfield parks.

The Defendant, Springfield Park District, had adopted an ordinance providing as follows:

"No person shall drive, ride, propel or operate any motorcycle, motor bike, motor scooter or motor-propelled two wheel vehicle within any park or upon any drive or driveway within any park. Any person violating the provisions contained in this Section shall be fined not less than $20.00 nor more than $75.00 for each offense upon conviction thereof."

The court in its opinion entered February 20, 1973 found the said ordinance to be a reasonable implementation of the police power vested in the Springfield Park District and not an abuse of the power of the said park district, and therefore a valid and enforceable ordinance.

Illinois Parks and Recreation 7 May/June, 1973