PUBLIC LAW 106–287—OCT. 10, 2000 114 STAT. 909

Public Law 106–287

106th Congress

An Act

To grant the consent of the Congress to the Kansas and Missouri Metropolitan

Culture District Compact.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. CONSENT TO COMPACT.

The Congress consents to the Kansas and Missouri Metropolitan Culture District Compact entered into between the State of

Kansas and the State of Missouri. The compact reads substantially

as follows:

‘‘KANSAS AND MISSOURI METROPOLITAN CULTURE

DISTRICT COMPACT

‘‘ARTICLE I. AGREEMENT AND PLEDGE

‘‘The states of Kansas and Missouri agree to and pledge, each

to the other, faithful cooperation in the future planning and development of the metropolitan culture district, holding in high trust

for the benefit of this people and of the nation, the special blessings

and natural advantages thereof.

‘‘ARTICLE II. POLICY AND PURPOSE

‘‘The party states, desiring by common action to fully utilize

and improve their cultural facilities, coordinate the services of their

cultural organizations, enhance the cultural activities of their citizens, and achieve solid financial support for such cultural facilities,

organizations and activities, declare that it is the policy of each

state to realize such desires on a basis of cooperation with one

another, thereby serving the best interests of their citizenry and

effecting economies in capital expenditures and operational costs.

The purpose of this compact is to provide for the creation of a

metropolitan culture district as the means to implementation of

the policy herein declared with the most beneficial and economical

use of human and material resources.

‘‘ARTICLE III. DEFINITIONS

‘‘As used in this compact, unless the context clearly requires

otherwise:

‘‘(a) ‘Metropolitan culture district’ means a political subdivision

of the states of Kansas and Missouri which is created under and

pursuant to the provisions of this compact and which is composed

of the counties in the states of Kansas and Missouri which act

Oct. 10, 2000

[H.R. 4700]

114 STAT. 910 PUBLIC LAW 106–287—OCT. 10, 2000

to create or to become a part of the district in accordance with

the provisions of Article IV.

‘‘(b) ‘Commission’ means the governing body of the metropolitan

culture district.

‘‘(c) ‘Cultural activities’ means sports or activities which contribute to or enhance the aesthetic, artistic, historical, intellectual

or social development or appreciation of members of the general

public.

‘‘(d) ‘Cultural organizations’ means nonprofit and tax exempt

social, civic or community organizations and associations which

are dedicated to the development, provision, operation, supervision,

promotion or support of cultural activities in which members of

the general public may engage or participate.

‘‘(e) ‘Cultural facilities’ means facilities operated or used for

sports or participation or engagement in cultural activities by members of the general public.

‘‘ARTICLE IV. THE DISTRICT

‘‘(a) The counties in Kansas and Missouri eligible to create

and initially compose the metropolitan culture district shall be

those counties which meet one or more of the following criteria:

‘‘(1) The county has a population in excess of 300,000,

and is adjacent to the state line;

‘‘(2) The county contains a part of a city with a population

according to the most recent federal census of at least 400,000;

or

‘‘(3) The county is contiguous to any county described in

provisions (1) or (2) of this subpart (a). The counties of Johnson

in Kansas and Jackson in Missouri shall be sine qua non

to the creation and initial composition of the district. Additional

counties in Kansas and Missouri shall be eligible to become

a part of the metropolitan culture district if such counties

are contiguous to any one or more of the counties which compose

the district and within 60 miles of the counties that are required

by this article to establish the district;

‘‘(b)(1) Whenever the governing body of any county which is

eligible to create or become a part of the metropolitan culture

district shall determine that creation of or participation in the

district is in the best interests of the citizens of the county and

that the levy of a tax to provide on a cooperative basis with

another county or other counties for financial support of the district

would be economically practical and cost beneficial to the citizens

of the county, the governing body may adopt by majority vote

a resolution authorizing the same.

‘‘(2) Wherever a petition, signed by not less than the number

of qualified electors of an eligible county equal to 5% of the number

of ballots cast and counted at the last preceding gubernatorial

election held in the county and requesting adoption of a resolution

authorizing creation of or participation in the metropolitan culture

district and the levy of a tax for the purpose of contributing to

the financial support of the district, is filed with the governing

body of the county, the governing body shall adopt such a resolution.

‘‘(3) Implementation of a resolution adopted under this subpart

(b) shall be conditioned upon approval of the resolution by a majority

of the qualified electors of the county voting at an election conducted

for such purpose.

PUBLIC LAW 106–287—OCT. 10, 2000 114 STAT. 911

‘‘(c)(1) Upon adoption of a resolution pursuant to subpart (b)(1)

or subpart (b)(2), the governing body of the county shall request,

within 36 months after adoption of the resolution, the county election officer to submit to the qualified electors of the county the

question of whether the governing body shall be authorized to

implement the resolution. The resolution shall be printed on the

ballot and in the notice of election. The question shall be submitted

to the electors of the county at the primary or general election

next following the date of the request filed with the county election

officer. If a majority of the qualified electors are opposed to

implementation of the resolution authorizing creation of, or participation in, the district and the levy of a tax for financial support

thereof, the same shall not be implemented. The governing body

of the county may review procedures for authorization to create

or become a part of the district and to levy a tax for financial

support thereof at any time following rejection of the question.

‘‘(2) The ballot for the proposition in any county shall be in

substantially the following form:

‘‘Shall a retail sales tax of llllll (insert amount, not

to exceed 1⁄4 cent) be levied and collected in Kansas and Missouri

metropolitan culture district consisting of the county(ies) of llllll (insert name of counties) for the support of cultural

facilities and organizations within the district?

YES NO

The governing body of the county may place additional language

on the ballot to describe the use or allocation of the funds.

‘‘(d)(1) The metropolitan culture district shall be created when

implementation of a resolution authorizing the creation of the district and the levy of a tax for contribution to the financial support

thereof is approved by respective majorities of the qualified electors

of at least Johnson County, Kansas, and Jackson County, Missouri.

‘‘(2) When implementation of a resolution authorizing participation in the metropolitan culture district and the levy of a tax

for contribution to the financial support thereof is approved by

a majority of the qualified electors of any county eligible to become

a part of the district, the governing body of the county shall proceed

with the performance of all things necessary and incidental to

participation in the district.

‘‘(3) Any question for the levy of a tax submitted after July

1, 2000, may be submitted to the electors of the county at the

primary or general election next following the date of the request

filed with the county election officer; at a special election called

and held as otherwise provided by law; at an election called and

held on the first Tuesday after the first Monday in February,

except in Presidential election years; at an election called and

held on the first Tuesday after the first Monday in March, June,

August, or November; or at an election called and held on the

first Tuesday in April, except that no question for a tax levy

may be submitted to the electors prior to January 1, 2002.

‘‘(4) No question shall be submitted to the electors authorizing

the levy of a tax the proceeds of which will be exclusively dedicated

to sports or sports facilities.

‘‘(e) Any of the counties composing the metropolitan culture

district may withdraw from the district by adoption of a resolution

and approval of the resolution by a majority of the qualified electors

of the county, all in the same manner provided in this Article

Deadline.

114 STAT. 912 PUBLIC LAW 106–287—OCT. 10, 2000

IV for creating or becoming a part of the metropolitan culture

district. The governing body of a withdrawing county shall provide

for the sending of formal written notice of withdrawal from the

district to the governing body of the other county or each of the

other counties comprising the district. Actual withdrawal shall not

take effect until 90 days after notice has been sent. A withdrawing

county shall not be relieved from any obligation which such county

may have assumed or incurred by reason of being a part of the

district, including, but not limited to, the retirement of any outstanding bonded indebtedness of the district.

‘‘ARTICLE V. THE COMMISSION

‘‘(a) The metropolitan culture district shall be governed by

the metropolitan culture commission which shall be a body corporate

and politic and which shall be composed of resident electors of

the states of Kansas and Missouri, respectively, as follows:

‘‘(1) A member of the governing body of each county which

is a part of the district, who shall be appointed by majority

vote of such governing body;

‘‘(2) A member of the governing body of each city, with

a population according to the most recent federal census of

at least 50,000, located in whole or in part within each county

which is a part of the district, who shall be appointed by

majority vote of such governing body;

‘‘(3) Two members of the governing body of a county with

a consolidated or unified county government and city of the

first class which is a part of the district, who shall be appointed

by majority vote of such governing body;

‘‘(4) A member of the arts commission of Kansas or the

Kansas commission for the humanities, who shall be appointed

by the governor of Kansas; and

‘‘(5) A member of the arts commission of Missouri or the

Missouri humanities council, who shall be appointed by the

governor of Missouri.

To the extent possible, the gubernatorial appointees to the commission shall be residents of the district. The term of each commissioner

initially appointed by a county governing body shall expire concurrently with such commissioner’s tenure as a county officer or three

years after the date of appointment as a commissioner, whichever

occurs sooner. The term of each commissioner succeeding a commissioner initially appointed by a county governing body shall expire

concurrently with such successor commissioner’s tenure as a county

officer or four years after the date of appointment as a commissioner, whichever occurs sooner. The term of each commissioner

initially appointed by a city governing body shall expire concurrently

with such commissioner’s tenure as a city officer or two years

after the date of appointment as a commissioner, whichever occurs

sooner. The term of each commissioner succeeding a commissioner

initially appointed by a city governing body shall expire concurrently

with such successor commissioner’s tenure as a city officer or four

years after the date of appointment as a commissioner, whichever

occurs sooner. The term of each commissioner appointed by the

governor of Kansas or the governor of Missouri shall expire concurrently with the term of the appointing governor, the commissioner’s

tenure as a state officer, or four years after the date of appointment

as a commissioner of the district, whichever occurs sooner. Any

Expiration dates.

Effective date.

Notice.

PUBLIC LAW 106–287—OCT. 10, 2000 114 STAT. 913

vacancy occurring in a commissioner position for reasons other

than expiration of terms of office shall be filled for the unexpired

term by appointment in the same manner that the original appointment was made. Any commissioner may be removed for cause

by the appointing authority of the commissioner.

‘‘(b) The commission shall select annually, from its membership,

a chairperson, a vice chairperson, and a treasurer. The treasurer

shall be bonded in such amounts as the commission may require.

‘‘(c) The commission may appoint such officers, agents and

employees as it may require for the performance of its duties,

and shall determine the qualifications and duties and fix the compensation of such officers, agents and employees.

‘‘(d) The commission shall fix the time and place at which

its meetings shall be held. Meetings shall be held within the district

and shall be open to the public. Public notice shall be given of

all meetings.

‘‘(e) A majority of the commissioners from each state shall

constitute, in the aggregate, a quorum for the transaction of business. No action of the commission shall be binding unless taken

at a meeting at which at least a quorum is present, and unless

a majority of the commissioners from each state, present at such

meeting, shall vote in favor thereof. No action of the commission

taken at a meeting thereof shall be binding unless the subject

of such action is included in a written agenda for such meeting,

the agenda and notice of meeting having been mailed to each

commissioner by postage paid first-class mail at least 14 calendar

days prior to the meeting.

‘‘(f ) The commissioners from each state shall be subject to

the provisions of the laws of the states of Kansas and Missouri,

respectively, which relate to conflicts of interest of public officers

and employees. If any commissioner has a direct or indirect financial

interest in any cultural facility, organization or activity supported

by the district or commission or in any other business transaction

of the district or commission, the commissioner shall disclose such

interest in writing to the other commissioners and shall abstain

from voting on any matter relating to such facility, organization

or activity or to such business transaction.

‘‘(g) If any action at law or equity, or other legal proceeding,

shall be brought against any commissioner for any act or omission

arising out of the performance of duties as a commissioner, the

commissioner shall be indemnified in whole and held harmless

by the commission for any judgment or decree entered against

the commissioner and, further, shall be defended at the cost and

expense of the commission in any such proceeding.

‘‘ARTICLE VI. POWERS AND DUTIES OF THE COMMISSION

‘‘(a) The commission shall adopt a seal and suitable bylaws

governing its management and procedure.

‘‘(b) The commission has the power to contract and to be contracted with, and to sue and to be sued.

‘‘(c) The commission may receive for any of its purposes and

functions any contributions or moneys appropriated by counties

or cities and may solicit and receive any and all donations, and

grants of money, equipment, supplies, materials and services from

any state or the United States or any agency thereof, or from

114 STAT. 914 PUBLIC LAW 106–287—OCT. 10, 2000

any institution, foundation, organization, person, firm or corporation, and may utilize and dispose of the same.

‘‘(d) Upon receipt of recommendations from the advisory committee provided in subsection (g), the commission may provide

donations, contributions and grants or other support, financial or

otherwise, or in aid of cultural organizations, facilities or activities

in counties which are part of the district. In determining whether

to provide any such support the commission shall consider the

following factors:

‘‘(1) economic impact upon the district;

‘‘(2) cultural benefit to citizens of the district and to the

general public;

‘‘(3) contribution to the quality of life and popular image

of the district;

‘‘(4) contribution to the geographical balance of cultural

facilities and activities within and outside the district;

‘‘(5) the breadth of popular appeal within and outside the

district;

‘‘(6) the needs of the community as identified in an objective

cultural needs assessment study of the metropolitan area; and

‘‘(7) any other factor deemed appropriate by the commission.

‘‘(e) The commission may own and acquire by gift, purchase,

lease or devise cultural facilities within the territory of the district.

The commission may plan, construct, operate and maintain and

contract for the operation and maintenance of cultural facilities

within the territory of the district. The commission may sell, lease,

or otherwise dispose of cultural facilities within the territory of

the district.

‘‘(f ) At any time following five years from and after the creation

of the metropolitan cultural district as provided in paragraph (1)

of subsection (d) of article IV, the commission may borrow moneys

for the planning, construction, equipping, operation, maintenance,

repair, extension, expansion, or improvement of any cultural facility

and, in that regard, the commission at such time may:

‘‘(1) issue notes, bonds or other instruments in writing

of the commission in evidence of the sum or sums to be borrowed. No notes, bonds or other instruments in writing shall

be issued pursuant to this subsection until the issuance of

such notes, bonds or instruments has been submitted to and

approved by a majority of the qualified electors of the district

voting at an election called and held thereon. Such election

shall be called and held in the manner provided by law;

‘‘(2) issue refunding notes, bonds or other instruments in

writing for the purpose of refunding, extending or unifying

the whole or any part of its outstanding indebtedness from

time to time whether evidenced by notes, bonds or other

instruments in writing. Such refunding notes, bonds or other

instruments in writing shall not exceed in amount the principal

of the outstanding indebtedness to be refunded and the accrued

interest thereon to the date of such refunding;

‘‘(3) provide that all notes, bonds and other instruments

in writing issued hereunder shall or may be payable, both

as to principal and interest, from sales tax revenues authorized

under this compact and disbursed to the district by counties

comprising the district, admissions and other revenues collected

from the use of any cultural facility or facilities constructed

PUBLIC LAW 106–287—OCT. 10, 2000 114 STAT. 915

hereunder, or from any other resources of the commission,

and further may be secured by a mortgage or deed of trust

upon any property interest of the commission; and

‘‘(4) prescribe the details of all notes, bonds or other

instruments in writing, and of the issuance and sale thereof.

The commission shall have the power to enter into covenants

with the holders of such notes, bonds or other instruments

in writing, not inconsistent with the powers granted herein,

without further legislative authority.

‘‘(g) The commission shall appoint an advisory committee composed of members of the general public consisting of an equal

number of persons from both the states of Kansas and Missouri

who have demonstrated interest, expertise, knowledge or experience

in cultural organizations or activities. The advisory committee shall

make recommendations annually to the commission regarding donations, contributions and grants or other support, financial or otherwise, for or in aid of cultural organizations, facilities and activities

in counties which are part of the district.

‘‘(h) The commission may provide for actual and necessary

expenses of commissioners and advisory committee members

incurred in the performance of their official duties.

‘‘(i) The commission shall cause to be prepared annually a

report on the operations and transactions conducted by the commission during the preceding year. The report shall be submitted

to the legislatures and governors of the compacting states, to the

governing bodies of the counties comprising the district, and to

the governing body of each city that appoints a commissioner.

The commission shall publish the annual report in the official

county newspaper of each of the counties comprising the district.

‘‘( j) The commission has the power to apply to the congress

of the United States for its consent and approval of the compact.

In the absence of the consent of congress and until consent is

secured, the compact is binding upon the states of Kansas and

Missouri in all respects permitted by law for the two states, without

the consent of congress, for the purposes enumerated and in the

manner provided in the compact.

‘‘(k) The commission has the power to perform all other necessary and incidental functions and duties and to exercise all other

necessary and appropriate powers not inconsistent with the constitution or laws of the United States or of either of the states

of Kansas or Missouri to effectuate the same.

‘‘ARTICLE VII. FINANCE

‘‘(a) The moneys necessary to finance the operation of the

metropolitan culture district and the execution of the powers, duties

and responsibilities of the commission shall be appropriated to

the commission by the counties comprising the district. The moneys

to be appropriated to the commission shall be raised by the governing bodies of the respective counties by the levy of taxes as

authorized by the legislatures of the respective party states.

‘‘(b) The commission shall not incur any indebtedness or obligation of any kind; nor shall the commission pledge the credit of

either or any of the counties comprising the district or either of

the states party to this compact, except as authorized in article

VI. The budget of the district shall be prepared, adopted and published as provided by law for other political subdivisions of the

Publication.

Reports.

Appointment.

114 STAT. 916 PUBLIC LAW 106–287—OCT. 10, 2000

party states. No budget shall be adopted by the commission until

it has been submitted to and reviewed by the governing bodies

of the counties comprising the district and the governing body

of each city represented on the commission.

‘‘(c) The commission shall keep accurate accounts of all receipts

and disbursements. The receipts and disbursements of the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become

a part of the annual report of the commission.

‘‘(d) The accounts of the commission shall be open at any

reasonable time for inspection by duly authorized representatives

of the compacting states, the counties comprising the district, the

cities that appoint a commissioner, and other persons authorized

by the commission.

‘‘ARTICLE VIII. ENTRY INTO FORCE

‘‘(a) This compact shall enter into force and become effective

and binding upon the states of Kansas and Missouri when it has

been entered into law by the legislatures of the respective states.

‘‘(b) Amendments to the compact shall become effective upon

enactment by the legislatures of the respective states.

‘‘ARTICLE IX. TERMINATION

‘‘This compact shall continue in force and remain binding upon

a party state until its legislature shall have enacted a statute

repealing the same and providing for the sending of formal written

notice of enactment of such statute to the legislature of the other

party state. Upon enactment of such a statute by the legislature

of either party state, the sending of notice thereof to the other

party state, and payment of any obligations which the metropolitan

culture district commission may have incurred prior to the effective

date of such statute, including, but not limited to, the retirement

of any outstanding bonded indebtedness of the district, the agreement of the party states embodied in the compact shall be deemed

fully executed, the compact shall be null and void and of no further

force or effect, the metropolitan culture district shall be dissolved,

and the metropolitan culture district commission shall be abolished.

‘‘ARTICLE X. CONSTRUCTION AND SEVERABILITY

‘‘The provisions of this compact shall be liberally construed

and shall be severable. If any phrase, clause, sentence or provision

of this compact is declared to be contrary to the constitution of

either of the party states or of the United States or the applicability

thereof to any government, agency, person or circumstance is held

invalid, the validity of the remainder of this compact and the

applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be

held contrary to the constitution of either of the states party thereto,

the compact shall thereby be nullified and voided and of no further

force or effect.

‘‘(a) The board of county commissioners of any county which

has been authorized by a majority of the electors of the county

to create or to become a part of the metropolitan culture district

and to levy and collect a tax for the purpose of contributing to

the financial support of the district shall adopt a resolution imposing

Records.

PUBLIC LAW 106–287—OCT. 10, 2000 114 STAT. 917

a countywide retailers’ sales tax and pledging the revenues received

therefrom for such purpose. The rate of such tax shall be fixed

in an amount of not more than .25%. Any county levying a retailers’

sales tax under authority of this section is hereby prohibited from

administering or collecting such tax locally, but shall utilize the

services of the state department of revenue to administer, enforce

and collect such tax. The sales tax shall be administered, enforced

and collected in the same manner and by the same procedure

as other countywide retailers’ sales taxes are levied and collected

and shall be in addition to any other sales tax authorized by

law. Upon receipt of a certified copy of a resolution authorizing

the levy of a countywide retailers’ sales tax pursuant to this section,

the state director of taxation shall cause such tax to be collected

within and outside the boundaries of such county at the same

time and in the same manner provided for the collection of the

state retailers’ sales tax. All moneys collected by the director of

taxation under the provisions of this section shall be credited to

the metropolitan culture district retailers’ sales tax fund which

fund is hereby established in the state treasury. Any refund due

on any countywide retailers’ sales tax collected pursuant to this

section shall be paid out of the sales tax refund fund and reimbursed

by the director of taxation from retailers’ sales tax revenue collected

pursuant to this section. All countywide retailers’ sales tax revenue

collected within any county pursuant to this section shall be

remitted at least quarterly by the state treasurer, on instruction

from the director of taxation, to the treasurer of such county.

‘‘(b) All revenue received by any county treasurer from a countywide retailers’ sales tax imposed pursuant to this section shall

be appropriated by the county to the metropolitan culture district

commission within 60 days of receipt of the funds by the county

for expenditure by the commission pursuant to and in accordance

with the provisions of the Kansas and Missouri metropolitan culture

district compact. If any such revenue remains upon nullification

and voidance of the Kansas and Missouri metropolitan culture

district compact, the county treasurer shall deposit such revenue

to the credit of the general fund of the county.

‘‘(c) Any countywide retailers’ sales tax imposed pursuant to

this section shall expire upon the date of actual withdrawal of

the county from the metropolitan culture district or at any time

the Kansas and Missouri metropolitan culture district compact

becomes null and void and of no further force or effect. If any

moneys remain in the metropolitan culture district retailers’ sales

tax fund upon nullification and voidance of the Kansas and Missouri

metropolitan culture district compact, the state treasurer shall

transfer such moneys to the county and city retailers’ sales tax

fund to be apportioned and remitted at the same time and in

the same manner as other countywide retailers’ sales tax revenues

are apportioned and remitted.’’.

Expiration date.

Deadline.

114 STAT. 918 PUBLIC LAW 106–287—OCT. 10, 2000

LEGISLATIVE HISTORY—H.R. 4700:

HOUSE REPORTS: No. 106–769 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 146 (2000):

July 24, considered and passed House.

Sept. 26, considered and passed Senate.

Æ

SEC. 2. RESERVATION OF RIGHTS.

The Congress expressly reserves the right to alter, amend,

or repeal this Act.

Approved October 10, 2000.