Union Calendar No. 442

103D CONGRESS

2D SESSION H. R. 4896

[Report No. 103–774]

A BILL

To grant the consent of the Congress to the Kansas

pact.and Missouri Metropolitan Culture District ComOCTOBER 3, 1994

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

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Union Calendar No. 422

103D CONGRESS

2D SESSION H. R. 4896

[Report No. 103–774]

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

Metropolitan Culture District Compact.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 3, 1994

Mr. WHEAT (for himself and Mrs. MEYERS of Kansas) introduced the

following bill; which was referred to the Committee on the Judiciary

OCTOBER 3, 1994

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

To grant the consent of the Congress to the Kansas and

Missouri Metropolitan Culture District Compact.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. CONSENT TO COMPACT.

4 The Congress consents to the Kansas and Missouri

5 Metropolitan Culture District Compact entered into be-
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1 tween the State of Kansas and the State of Missouri. The

2 compact reads substantially as follows:

3 ‘‘KANSAS AND MISSOURI METROPOLITAN

4 CULTURE DISTRICT COMPACT

5 ‘‘ARTICLE I. AGREEMENT AND PLEDGE

6 ‘‘The states of Kansas and Missouri agree to and

7 pledge, each to the other, faithful cooperation in the future

8 planning and development of the metropolitan culture dis9 trict, holding in high trust for the benefit of this people

10 and of the nation, the special blessings and natural advan11 tages thereof.

12 ‘‘ARTICLE II. POLICY AND PURPOSE

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

14 utilize and improve their cultural facilities, coordinate the

15 services of their cultural organizations, enhance the cul16 tural activities of their citizens, and achieve solid financial

17 support for such cultural facilities, organizations and ac18 tivities, declare that it is the policy of each state to realize

19 such desires on a basis of cooperation with one another,

20 thereby serving the best interests of their citizenry and

21 effecting economies in capital expenditures and oper22 ational costs. The purpose of this compact is to provide

23 for the creation of a metropolitan culture district as the

24 means to implementation of the policy herein declared
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1 with the most beneficial and economical use of human and

2 material resources.

3 ‘‘ARTICLE III. DEFINITIONS

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

5 requires otherwise:

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

7 subdivision of the states of Kansas and Missouri which

8 is created under and pursuant to the provisions of this

9 compact and which is composed of the counties in the

10 states of Kansas and Missouri which act to create or to

11 become a part of the district in accordance with the provi12 sions of Article IV.

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

14 metropolitan culture district.

15 ‘‘(c) ‘Cultural activities’ means activities which con16 tribute to or enhance the aesthetic, artistic, historical, in17 tellectual or social development or appreciation of mem18 bers of the general public.

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

20 exempt social, civic or community organizations and asso21 ciations which are dedicated to the development, provision,

22 operation, supervision, promotion or support of cultural

23 activities in which members of the general public may en24 gage or participate.
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1 ‘‘(e) ‘Cultural facilities’ means facilities operated or

2 used for participation or engagement in cultural activities

3 by members of the general public.

4 ‘‘ARTICLE IV. THE DISTRICT

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

6 create and initially compose the metropolitan culture dis7 trict shall be those counties which meet one or more of

8 the following criteria:

9 ‘‘(1) The county has a population in excess of

10 300,000, and is adjacent to the state line;

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

12 a population according to the most recent federal

13 census of at least 400,000; or

14 ‘‘(3) The county is contiguous to any county de15 scribed in provisions (1) or (2) of this subpart (a).

16 The counties of Johnson in Kansas and Jackson in

17 Missouri shall be sine qua non to the creation and

18 initial composition of the district. Additional coun19 ties in Kansas and Missouri shall be eligible to be20 come a part of the metropolitan culture district if

21 such counties are contiguous to any one or more of

22 the counties which compose the district and within

23 60 miles of the counties that are required by this ar24 ticle to establish the district;
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1 ‘‘(b)(1) Whenever the governing body of any county

2 which is eligible to create or become a part of the metro3 politan culture district shall determine that creation of or

4 participation in the district is in the best interests of the

5 citizens of the county and that the levy of a tax to provide

6 on a cooperative basis with another county or other coun7 ties for financial support of the district would be economi8 cally practical and cost beneficial to the citizens of the

9 county, the governing body may adopt by majority vote

10 a resolution authorizing the same.

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

12 number of qualified electors of an eligible county equal to

13 5% of the number of ballots cast and counted at the last

14 preceding gubernatorial election held in the county and re15 questing adoption of a resolution authorizing creation of

16 or participation in the metropolitan culture district and

17 the levy of a tax for the purpose of contributing to the

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

19 body of the county, the governing body shall adopt such

20 a resolution.

21 ‘‘(3) Implementation of a resolution adopted under

22 this subpart (b) shall be conditioned upon approval of the

23 resolution by a majority of the qualified electors of the

24 county voting at an election conducted for such purpose.
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1 ‘‘(c)(1) Upon adoption of a resolution pursuant to

2 subpart (b)(1) or subpart (b)(2), the governing body of

3 the county shall request, within 36 months after adoption

4 of the resolution, the county election officer to submit to

5 the qualified electors of the county the question of whether

6 the governing body shall be authorized to implement the

7 resolution. The resolution shall be printed on the ballot

8 and in the notice of election. The question shall be submit9 ted to the electors of the county at the primary or general

10 election next following the date of the request filed with

11 the county election officer. If a majority of the qualified

12 electors are opposed to implementation of the resolution

13 authorizing creation of, or participation in, the district

14 and the levy of a tax for financial support thereof, the

15 same shall not be implemented. The governing body of the

16 county may review procedures for authorization to create

17 or become a part of the district and to levy a tax for finan18 cial support thereof at any time following rejection of the

19 question.

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

21 be in substantially the following form:

22 ‘‘Shall a retail sales tax of llllll (insert

amount, not to exceed 1 23 ⁄4 cent) be levied and collected in

24 Kansas and Missouri metropolitan culture district consist25 ing of the county(ies) of llllll (insert name of
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1 counties) for the support of cultural facilities and organi2 zations within the district?

3 YES NO

4 The governing body of the county may place additional

5 language on the ballot to describe the use or allocation

6 of the funds.

7 ‘‘(d)(1) the metropolitan culture district shall be cre8 ated when implementation of a resolution authorizing the

9 creation of the district and the levy of a tax for contribu10 tion to the financial support thereof is approved by respec11 tive majorities of the qualified electors of at least Johnson

12 County, Kansas, and Jackson County, Missouri.

13 ‘‘(2) When implementation of a resolution authoriz14 ing participation in the metropolitan culture district and

15 the levy of a tax for contribution to the financial support

16 thereof is approved by a majority of the qualified electors

17 of any county eligible to become a part of the district, the

18 governing body of the county shall proceed with the per19 formance of all things necessary and incidental to partici20 pation in the district.

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

22 culture district may withdraw from the district by adop23 tion of a resolution and approval of the resolution by a

24 majority of the qualified electors of the county, all in the

25 same manner provided in this Article IV for creating or

26 becoming a part of the metropolitan culture district. The
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1 governing body of a withdrawing county shall provide for

2 the sending of formal written notice of withdrawal from

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

4 each of the other counties comprising the district. Actual

5 withdrawal shall not take effect until 90 days after notice

6 has been sent. A withdrawing county shall not be relieved

7 from any obligation which such county may have assumed

8 or incurred by reason of being a part of the district, in9 cluding, but not limited to, the retirement of any outstand10 ing bonded indebtedness of the district.

11 ‘‘ARTICLE V. THE COMMISSION

12 ‘‘(a) The metropolitan culture district shall be gov13 erned by the metropolitan culture commission which shall

14 be a body corporate and politic and which shall be com15 posed of resident electors of the states of Kansas and Mis16 souri, respectively, as follows:

17 ‘‘(1) A member of the governing body of each

18 county which is a part of the district, who shall be

19 appointed by majority vote of such governing body;

20 ‘‘(2) A member of the governing body of each

21 city, with a population according to the most recent

22 federal census of at least 50,000, located in whole or

23 in part within each county which is a part of the dis24 trict, who shall be appointed by majority vote of

25 such governing body;
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1 ‘‘(3) A member of the arts commission of Kan2 sas or the Kansas commission for the humanities,

3 who shall be appointed by the governor of Kansas;

4 and

5 ‘‘(4) A member of the arts commission of Mis6 souri or the Missouri humanities council, who shall

7 be appointed by the governor of Missouri.

8 To the extent possible, the gubernatorial appointees to the

9 commission shall be residents of the district. The term of

10 each commissioner initially appointed by a county govern11 ing body shall expire concurrently with such commis12 sioner’s tenure as a county officer or three years after the

13 date of appointment as a commissioner, whichever occurs

14 sooner. The term of each commissioner succeeding a com15 missioner initially appointed by a county governing body

16 shall expire concurrently with such successor commis17 sioner’s tenure as a county officer or four years after the

18 date of appointment as a commissioner, whichever occurs

19 sooner. The term of each commissioner initially appointed

20 by a city governing body shall expire concurrently with

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

22 after the date of appointment as a commissioner, which23 ever occurs sooner. The term of each commissioner suc24 ceeding a commissioner initially appointed by a city gov25 erning body shall expire concurrently with such successor
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1 commissioner’s tenure as a city officer or four years after

2 the date of appointment as a commissioner, whichever oc3 curs sooner. The term of each commissioner appointed by

4 the governor of Kansas or the governor of Missouri shall

5 expire concurrently with the term of the appointing gov6 ernor, the commissioner’s tenure as a state officer, or four

7 years after the date of appointment as a commissioner of

8 the district, whichever occurs sooner. Any vacancy occur9 ring in a commissioner position for reasons other than ex10 piration of terms of office shall be filled for the unexpired

11 term by appointment in the same manner that the original

12 appointment was made. Any commissioner may be re13 moved for cause by the appointing authority of the com14 missioner.

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

16 membership, a chairperson, a vice chairperson, and a

17 treasurer. The treasurer shall be bonded in such amounts

18 as the commission may require.

19 ‘‘(c) The commission may appoint such officers,

20 agents and employees as it may require for the perform21 ance of its duties, and shall determine the qualifications

22 and duties and fix the compensation of such officers,

23 agents and employees.

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

25 which its meetings shall be held. Meetings shall be held
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1 within the district and shall be open to the public. Public

2 notice shall be given of all meetings.

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

4 shall constitute, in the aggregate, a quorum for the trans5 action of business. No action of the commission shall be

6 binding unless taken at a meeting at which at least a

7 quorum is present, and unless a majority of the commis8 sioners from each state, present at such meeting, shall

9 vote in favor thereof. No action of the commission taken

10 at a meeting thereof shall be binding unless the subject

11 of such action is included in a written agenda for such

12 meeting, the agenda and notice of meeting having been

13 mailed to each commissioner by postage paid first-class

14 mail at least 14 calendar days prior to the meeting.

15 ‘‘(f) The commissioners from each state shall be sub16 ject to the provisions of the laws of the states of Kansas

17 and Missouri, respectively, which relate to conflicts of in18 terest of public officers and employees. If any commis19 sioner has a direct or indirect financial interest in any cul20 tural facility, organization or activity supported by the dis21 trict or commission or in any other business transaction

22 of the district or commission, the commissioner shall dis23 close such interest in writing to the other commissioners

24 and shall abstain from voting on any matter relating to
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1 such facility, organization or activity or to such business

2 transaction.

3 ‘‘(g) If any action at law or equity, or other legal pro4 ceeding, shall be brought against any commissioner for

5 any act or omission arising out of the performance of du6 ties as a commissioner, the commissioner shall be indem7 nified in whole and held harmless by the commission for

8 any judgment or decree entered against the commissioner

9 and, further, shall be defended at the cost and expense

10 of the commission in any such proceeding.

11 ‘‘ARTICLE VI. POWERS AND DUTIES OF THE

12 COMMISSION

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

14 bylaws governing its management and procedure.

15 ‘‘(b) The commission has the power to contract and

16 to be contracted with, and to sue and to be sued.

17 ‘‘(c) The commission may receive for any of its pur18 poses and functions any contributions or moneys appro19 priated by counties or cities and may solicit and receive

20 any and all donations, and grants of money, equipment,

21 supplies, materials and services from any state or the

22 United States or any agency thereof, or from any institu23 tion, foundation, organization, person, firm or corporation,

24 and may utilize and dispose of the same.
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1 ‘‘(d) Upon receipt of recommendations from the advi2 sory committee provided in subsection (g), the commission

3 may provide donations, contributions and grants or other

4 support, financial or otherwise, or in aid of cultural orga5 nizations, facilities or activities in counties which are part

6 of the district. In determining whether to provide any such

7 support the commission shall consider the following fac8 tors:

9 ‘‘(1) economic impact upon the district;

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

11 and to the general public;

12 ‘‘(3) contribution to the quality of life and pop13 ular image of the district;

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

15 cultural facilities and activities within and outside

16 the district;

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

18 outside the district;

19 ‘‘(6) the needs of the community as identified

20 in an objective cultural needs assessment study of

21 the metropolitan area; and

22 ‘‘(7) any other factor deemed appropriate by

23 the commission.

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

25 purchase, lease or devise cultural facilities within the terri-
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1 tory of the district. The commission may plan, construct,

2 operate and maintain and contract for the operation and

3 maintenance of cultural facilities within the territory of

4 the district. The commission may sell, lease, or otherwise

5 dispose of cultural facilities within the territory of the

6 district.

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

8 the creation of the metropolitan cultural district as pro9 vided in paragraph (1) of subsection (d) of article IV, the

10 commission may borrow moneys for the planning, con11 struction, equipping, operation, maintenance, repair, ex12 tension, expansion, or improvement of any cultural facility

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

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

15 writing of the commission in evidence of the sum or

16 sums to be borrowed. No notes, bonds or other in17 struments in writing shall be issued pursuant to this

18 subsection until the issuance of such notes, bonds or

19 instruments has been submitted to and approved by

20 a majority of the qualified electors of the district

21 voting at an election called and held thereon. Such

22 election shall be called and held in the manner pro23 vided by law;

24 ‘‘(2) issue refunding notes, bonds or other in25 struments in writing for the purpose of refunding,
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1 extending or unifying the whole or any part of its

2 outstanding indebtedness from time to time whether

3 evidenced by notes, bonds or other instruments in

4 writing. Such refunding notes, bonds or other instru5 ments in writing shall not exceed in amount the

6 principal of the outstanding indebtedness to be re7 funded and the accrued interest thereon to the date

8 of such refunding;

9 ‘‘(3) provide that all notes, bonds and other in10 struments in writing issued hereunder shall or may

11 be payable, both as to principal and interest, from

12 sales tax revenues authorized under this compact

13 and disbursed to the district by counties comprising

14 the district, admissions and other revenues collected

15 from the use of any cultural facility or facilities con16 structed hereunder, or from any other resources of

17 the commission, and further may be secured by a

18 mortgage or deed of trust upon any property inter19 est of the commission; and

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

21 other instruments in writing, and of the issuance

22 and sale thereof. The commission shall have the

23 power to enter into covenants with the holders of

24 such notes, bonds or other instruments in writing,
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1 not inconsistent with the powers granted herein,

2 without further legislative authority.

3 ‘‘(g) The commission shall appoint an advisory com4 mittee composed of members of the general public consist5 ing of an equal number of persons from both the states

6 of Kansas and Missouri who have demonstrated interest,

7 expertise, knowledge or experience in cultural organiza8 tions or activities. The advisory committee shall make rec9 ommendations annually to the commission regarding do10 nations, contributions and grants or other support, finan11 cial or otherwise, for or in aid of cultural organizations,

12 facilities and activities in counties which are part of the

13 district.

14 ‘‘(h) The commission may provide for actual and nec15 essary expenses of commissioners and advisory committee

16 members incurred in the performance of their official du17 ties.

18 ‘‘(i) The commission shall cause to be prepared annu19 ally a report on the operations and transactions conducted

20 by the commission during the preceding year. The report

21 shall be submitted to the legislatures and governors of the

22 compacting states, to the governing bodies of the counties

23 comprising the district, and to the governing body of each

24 city that appoints a commissioner. The commission shall
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1 publish the annual report in the official county newspaper

2 of each of the counties comprising the district.

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

4 congress of the United States for its consent and approval

5 of the compact. In the absence of the consent of congress

6 and until consent is secured, the compact is binding upon

7 the states of Kansas and Missouri in all respects permitted

8 by law for the two states, without the consent of congress,

9 for the purposes enumerated and in the manner provided

10 in the compact.

11 ‘‘(k) The commission has the power to perform all

12 other necessary and incidental functions and duties and

13 to exercise all other necessary and appropriate powers not

14 inconsistent with the constitution or laws of the United

15 States or of either of the states of Kansas or Missouri

16 to effectuate the same.

17 ‘‘ARTICLE VII. FINANCE

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

19 of the metropolitan culture district and the execution of

20 the powers, duties and responsibilities of the commission

21 shall be appropriated to the commission by the counties

22 comprising the district. The moneys to be appropriated to

23 the commission shall be raised by the governing bodies of

24 the respective counties by the levy of taxes as authorized

25 by the legislatures of the respective party states.
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1 ‘‘(b) The commission shall not incur any indebtedness

2 or obligation of any kind; nor shall the commission pledge

3 the credit of either or any of the counties comprising the

4 district or either of the states party to this compact, ex5 cept as authorized in article VI. The budget of the district

6 shall be prepared, adopted and published as provided by

7 law for other political subdivisions of the party states. No

8 budget shall be adopted by the commission until it has

9 been submitted to and reviewed by the governing bodies

10 of the counties comprising the district and the governing

11 body of each city represented on the commission.

12 ‘‘(c) The commission shall keep accurate accounts of

13 all receipts and disbursements. The receipts and disburse14 ments of the commission shall be audited yearly by a cer15 tified or licensed public accountant and the report of the

16 audit shall be included in and become a part of the annual

17 report of the commission.

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

19 at any reasonable time for inspection by duly authorized

20 representatives of the compacting states, the counties

21 comprising the district, the cities that appoint a commis22 sioner, and other persons authorized by the commission.

23 ‘‘ARTICLE VIII. ENTRY INTO FORCE

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

25 effective and binding upon the states of Kansas and Mis-
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1 souri when it has been entered into law by the legislatures

2 of the respective states.

3 ‘‘(b) Amendments to the compact shall become effec4 tive upon enactment by the legislatures of the respective

5 states.

6 ‘‘ARTICLE IX. TERMINATION

7 ‘‘This compact shall continue in force and remain

8 binding upon a party state until its legislature shall have

9 enacted a statute repealing the same and providing for

10 the sending of formal written notice of enactment of such

11 statute to the legislature of the other party state. Upon

12 enactment of such a statute by the legislature of either

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

14 party state, and payment of any obligations which the

15 metropolitan culture district commission may have in16 curred prior to the effective date of such statute, includ17 ing, but not limited to, the retirement of any outstanding

18 bonded indebtedness of the district, the agreement of the

19 party states embodied in the compact shall be deemed fully

20 executed, the compact shall be null and void and of no

21 further force or effect, the metropolitan culture district

22 shall be dissolved, and the metropolitan culture district

23 commission shall be abolished.
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1 ‘‘ARTICLE X. CONSTRUCTION AND

2 SEVERABILITY

3 ‘‘The provisions of this compact shall be liberally con4 strued and shall be severable. If any phrase, clause, sen5 tence or provision of this compact is declared to be con6 trary to the constitution of either of the party states or

7 of the United States or the applicability thereof to any

8 government, agency, person or circumstance is held in9 valid, the validity of the remainder of this compact and

10 the applicability thereof to any government, agency, per11 son or circumstance shall not be affected thereby. If this

12 compact shall be held contrary to the constitution of either

13 of the states party thereto, the compact shall thereby be

14 nullified and voided and of no further force or effect.

15 ‘‘(a) The board of county commissioners of any coun16 ty which has been authorized by a majority of the electors

17 of the county to create or to become a part of the metro18 politan culture district and to levy and collect a tax for

19 the purpose of contributing to the financial support of the

20 district shall adopt a resolution imposing a countywide re21 tailers’ sales tax and pledging the revenues received there22 from for such purpose. The rate of such tax shall be fixed

23 in an amount of not more than .25%. Any county levying

24 a retailers’ sales tax under authority of this section is

25 hereby prohibited from administering or collecting such
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1 tax locally, but shall utilize the services of the state de2 partment of revenue to administer, enforce and collect

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

4 collected in the same manner and by the same procedure

5 as other countywide retailers’ sales taxes are levied and

6 collected and shall be in addition to any other sales tax

7 authorized by law. Upon receipt of a certified copy of a

8 resolution authorizing the levy of a countywide retailers’

9 sales tax pursuant to this section, the state director of tax10 ation shall cause such tax to be collected within and out11 side the boundaries of such county at the same time and

12 in the same manner provided for the collection of the state

13 retailers’ sales tax. All moneys collected by the director

14 of taxation under the provisions of this section shall be

15 credited to the metropolitan culture district retailers’ sales

16 tax fund which fund is hereby established in the state

17 treasury. Any refund due on any countywide retailers’

18 sales tax collected pursuant to this section shall be paid

19 out of the sales tax refund fund and reimbursed by the

20 director of taxation from retailers’ sales tax revenue col21 lected pursuant to this section. All countywide retailers’

22 sales tax revenue collected within any county pursuant to

23 this section shall be remitted at least quarterly by the

24 state treasurer, on instruction from the director of tax25 ation, to the treasurer of such county.
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1 ‘‘(b) All revenue received by any county treasurer

2 from a countywide retailers’ sales tax imposed pursuant

3 to this section shall be appropriated by the county to the

4 metropolitan culture district commission within 60 days

5 of receipt of the funds by the county for expenditure by

6 the commission pursuant to and in accordance with the

7 provisions of the Kansas and Missouri metropolitan cul8 ture district compact. If any such revenue remains upon

9 nullification and voidance of the Kansas and Missouri

10 metropolitan culture district compact, the county treas11 urer shall deposit such revenue to the credit of the general

12 fund of the county.

13 ‘‘(c) Any countywide retailers’ sales tax imposed pur14 suant to this section shall expire upon the date of actual

15 withdrawal of the county from the metropolitan culture

16 district or at any time the Kansas and Missouri metropoli17 tan culture district compact becomes null and void and

18 of no further force or effect. If any moneys remain in the

19 metropolitan culture district retailers’ sales tax fund upon

20 nullification and voidance of the Kansas and Missouri

21 metropolitan culture district compact, the state treasurer

22 shall transfer such moneys to the county and city retailers’

23 sales tax fund to be apportioned and remitted at the same

24 time and in the same manner as other countywide retail25 ers’ sales tax revenues are apportioned and remitted.’’.
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1 SEC. 2. RESERVATION OF RIGHTS.

2 The Congress expressly deserves the right to alter,

3 amend, or repeal this Act.

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