79–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–769

TO GRANT THE CONSENT OF THE CONGRESS TO THE KANSAS AND MISSOURI METROPOLITAN CULTURE DISTRICT

COMPACT

JULY 20, 2000.—Referred to the House Calendar and ordered to be printed

Mr. HYDE, from the Committee on the Judiciary,

submitted the following

R E P O R T

[To accompany H.R. 4700]

The Committee on the Judiciary, to whom was referred the bill

(H.R. 4700) granting the consent of the Congress to the Kansas and

Missouri Metropolitan Culture District Compact, having considered

the same, reports favorably thereon without amendment and recommends that the bill do pass.

TABLE OF CONTENTS

Page

Purpose and Summary .............................................................................. 1

Background and Need for the Legislation ................................................ 2

Hearings ...................................................................................................... 2

Committee Consideration .......................................................................... 3

Committee Oversight Findings ................................................................. 3

Committee on Government Reform Findings .......................................... 3

New Budget Authority and Tax Expenditures ........................................ 3

Committee Cost Estimate .......................................................................... 3

Constitutional Authority Statement ......................................................... 3

Section-by-Section Analysis and Discussion ............................................ 3

PURPOSE AND SUMMARY

H.R. 4700 grants congressional consent to changes made by the

Kansas and Missouri legislatures in 2000 to the Kansas and Missouri Metropolitan District Culture Compact between those States.

The amendments broaden the definition of cultural programs to include sports-related facilities and institutions, and adjust the composition of the commission established by the original compact to

ensure balanced representation from both States.

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1Pub. L. No. 103–390, 108 Stat. 4085 (1994).

2 Id. at art. IV. 3 Id. at art. III (d). 4 Id. at art. V & VI.. 5MO. STAT. § 70–500 (2000); KAN. STAT. § 72–116 (2000). 6 H.R. 4700 (106th Cong.) art. III.

BACKGROUND AND NEED FOR THE LEGISLATION

Article I, section 10, clause 3 of the United States Constitution

provides that: ‘‘No State shall, without the Consent of Congress

. . . enter into any agreement or Compact with another State, or

with a foreign power. . . .’’ Congressional consent to interstate

compacts and agreements is necessary to ensure that these agreements do not work to the detriment of another State or conflict

with Federal law or Federal interests.

In 1994, Congress granted its consent to the Kansas and Missouri Metropolitan Culture District Compact.1 The Compact created a special taxing district to facilitate the cultural development

of the greater Kansas City metropolitan area in Kansas and Missouri.2 In addition, the Compact permitted residents of the culture

district to raise up to a quarter cent sales tax to support voter-approved cultural programs ‘‘which contribute to or enhance the aesthetic, artistic, historical, intellectual or social development or appreciation of members of the general public.’’ 3 The Compact also

provided for the establishment of a Commission consisting of Kansas and Missouri representatives to serve as the governing body of

the culture district.4

In 1996, voters in the district approved a .125 % sales tax to renovate the historic Grand Union train station and to develop a

science museum in Kansas City, Missouri. In 2000, Kansas and

Missouri overwhelmingly approved a slightly amended Metropolitan Culture District Compact between the States.5 The new Culture District Compact broadens the definition of cultural programs

to include sports activities and facilities,6 and changes the composition of the Commission to assure balanced representation from

both States. Both the original and the amended Kansas and Missouri Metropolitan Culture Compacts obtained broad bipartisan

support and were approved by overwhelming legislative margins in

their respective States.

HEARINGS

The committee’s Subcommittee on Commercial and Administrative Law held 1 day of hearings on H.R.4700 on July 18, 2000. Testimony was received from U.S. Representative Karen McCarthy

and Kansas State Senator Audrey Langworthy, with additional material submitted by Missouri State Senator Harry Wiggins; Robert

J. Marcusse, President and CEO of the Kansas City Area Development Council; and Missouri State Representative Thomas J.

Hoppe.

COMMITTEE CONSIDERATION

On July 18, 2000, the Subcommittee on Commercial and Administrative Law met in open session and ordered favorably reported

without amendment the bill H.R. 4700 by voice vote, a quorum

being present. On July 19, 2000, the committee met in open session

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and ordered favorably reported without amendment the bill H.R.

4700 by voice vote, a quorum being present.

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the

House of Representatives, the committee reports that the findings

and recommendations of the committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report.

COMMITTEE ON GOVERNMENT REFORM FINDINGS

No findings or recommendations of the Committee on Government Reform were received as referred to in clause 3(c)(4) of rule

XIII of the Rules of the House of Representatives.

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of House Rule XIII is inapplicable because this legislation does not provide new budgetary authority or increased tax

expenditures

COMMITTEE COST ESTIMATE

In compliance with clause 3(d)(2) of rule XIII of the Rules of the

House of Representatives, the committee believes that the bill will

have no cost for the current fiscal year 2000, and that there would

be no cost incurred in carrying out H.R. 4700 for the next five fiscal

years.

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House

of Representatives, the committee finds the authority for this legislation in Article I, section 10 clause 3 of the Constitution.

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

Section 1. Consent. Gives congressional consent to the interstate

Compact between Kansas and Missouri. The remaining portions of

section 1 sets forth the Metropolitan Culture District Compact

agreed to by the Kansas and Missouri State legislatures.

Article I. Agreement and pledge. Provides that each State agrees

to cooperation with the other in the planning and development of

the district.

Article II. Policy and purpose. Defines the purpose of the Compact, which is to provide for the creation of a bi-State metropolitan

culture district.

Article III. Definitions. Defines key terms used in the Compact.

Article IV. The District. Defines counties that are both eligible

and required to participate in the district within the States of Kansas and Missouri. The Compact authorizes counties within the District to allow their residents to decide whether to participate in the

district and whether to levy a sales tax to support the goals of the

district. The Article also provides the ballot language to be placed

before voters when considering whether to join the district or

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whether to raise a sales tax to support cultural development in the

district.

Article V. The Commission. Defines the membership and method

of appointment for members of the metropolitan culture commission (‘‘the Commission’’). The Article defines how officers are selected, specifies the terms of office for Commission members, and

provides for the hiring of employees and general operation of the

Commission.

Article VI. Powers and duties of the Commission. Among others

things, the Commission is empowered to contract, receive and solicit donations and grants of money, equipment, and supplies from

any State, organization, person or corporation; provide donations to

cultural activities in counties that are part of the district; purchase,

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

and borrow money 5 years after the creation of the district for such

things as repair and maintenance of any cultural facilities. The

Commission is required to publish an annual report on operations

and transactions conducted during the preceding year, and must

appoint an advisory committee of an equal number of persons from

both States who are members of the general public with interest

in cultural organizations or activities.

Article VII. Finance. Outlines financial requirements and organization of the Culture District. Requires that all commission appropriations be reviewed by the governing bodies of the counties comprising the district. Also requires the commission’s accounting be

open for audit by representatives from all branches of State government involved in the district.

Article VIII. Entry into Force. Defines when the Compact becomes effective and provides for future amendments.

Article IX. Termination. Provides for the termination of the Compact. Either State legislature may terminate the Compact by enacting a statute repealing it.

Article X. Construction and Severability. Provides that provisions

of the Compact be liberally construed and severable from the remainder of the Compact if they are determined to be invalid. Also

limits the sales tax to be levied for cultural projects within the district to .25 % and establishes collection guidelines for these taxes.

Section 2. Reservation of Rights. Reserves the right to Congress

to amend or repeal the Act.

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