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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.
Be it enacted by the Senate and House of Representa-
tives 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 be-
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tween 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 dis-
trict, holding in high trust for the benefit of this people
and of the nation, the special blessings and natural advan-
tages 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 cul-
tural activities of their citizens, and achieve solid financial
support for such cultural facilities, organizations and ac-
tivities, 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 oper-
ational 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
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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 to create or to
become a part of the district in accordance with the provi-
sions of Article IV.
‘‘(b) ‘Commission’ means the governing body of the
metropolitan culture district.
‘‘(c) ‘Cultural activities’ means activities which con-
tribute to or enhance the aesthetic, artistic, historical, in-
tellectual or social development or appreciation of mem-
bers of the general public.
‘‘(d) ‘Cultural organizations’ means nonprofit and tax
exempt social, civic or community organizations and asso-
ciations which are dedicated to the development, provision,
operation, supervision, promotion or support of cultural
activities in which members of the general public may en-
gage or participate.
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‘‘(e) ‘Cultural facilities’ means facilities operated or
used for 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 dis-
trict 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 de-
scribed 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 coun-
ties in Kansas and Missouri shall be eligible to be-
come 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 ar-
ticle to establish the district;
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‘‘(b)(1) Whenever the governing body of any county
which is eligible to create or become a part of the metro-
politan 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 coun-
ties for financial support of the district would be economi-
cally 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 re-
questing 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.
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‘‘(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 submit-
ted 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 finan-
cial 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 consist-
ing of the county(ies) of llllll (insert name of
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counties) for the support of cultural facilities and organi-
zations 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 cre-
ated when implementation of a resolution authorizing the
creation of the district and the levy of a tax for contribu-
tion to the financial support thereof is approved by respec-
tive majorities of the qualified electors of at least Johnson
County, Kansas, and Jackson County, Missouri.
‘‘(2) When implementation of a resolution authoriz-
ing 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 per-
formance of all things necessary and incidental to partici-
pation in the district.
‘‘(e) Any of the counties composing the metropolitan
culture district may withdraw from the district by adop-
tion 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 IV for creating or
becoming a part of the metropolitan culture district. The
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‘‘(3) A member of the arts commission of Kan-
sas or the Kansas commission for the humanities,
who shall be appointed by the governor of Kansas;
and
‘‘(4) A member of the arts commission of Mis-
souri 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 govern-
ing body shall expire concurrently with such commis-
sioner’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 com-
missioner initially appointed by a county governing body
shall expire concurrently with such successor commis-
sioner’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, which-
ever occurs sooner. The term of each commissioner suc-
ceeding a commissioner initially appointed by a city gov-
erning body shall expire concurrently with such successor
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commissioner’s tenure as a city officer or four years after
the date of appointment as a commissioner, whichever oc-
curs 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 gov-
ernor, 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 vacancy occur-
ring in a commissioner position for reasons other than ex-
piration 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 re-
moved for cause by the appointing authority of the com-
missioner.
‘‘(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 perform-
ance 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
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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 trans-
action 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 commis-
sioners 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 sub-
ject to the provisions of the laws of the states of Kansas
and Missouri, respectively, which relate to conflicts of in-
terest of public officers and employees. If any commis-
sioner has a direct or indirect financial interest in any cul-
tural facility, organization or activity supported by the dis-
trict or commission or in any other business transaction
of the district or commission, the commissioner shall dis-
close such interest in writing to the other commissioners
and shall abstain from voting on any matter relating to
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such facility, organization or activity or to such business
transaction.
‘‘(g) If any action at law or equity, or other legal pro-
ceeding, shall be brought against any commissioner for
any act or omission arising out of the performance of du-
ties as a commissioner, the commissioner shall be indem-
nified 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 pur-
poses and functions any contributions or moneys appro-
priated 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 any institu-
tion, foundation, organization, person, firm or corporation,
and may utilize and dispose of the same.
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‘‘(d) Upon receipt of recommendations from the advi-
sory committee provided in subsection (g), the commission
may provide donations, contributions and grants or other
support, financial or otherwise, or in aid of cultural orga-
nizations, 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 fac-
tors:
‘‘(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 pop-
ular 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 terri-
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tory 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 pro-
vided in paragraph (1) of subsection (d) of article IV, the
commission may borrow moneys for the planning, con-
struction, equipping, operation, maintenance, repair, ex-
tension, 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 in-
struments 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 pro-
vided by law;
‘‘(2) issue refunding notes, bonds or other in-
struments in writing for the purpose of refunding,
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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 instru-
ments in writing shall not exceed in amount the
principal of the outstanding indebtedness to be re-
funded and the accrued interest thereon to the date
of such refunding;
‘‘(3) provide that all notes, bonds and other in-
struments 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 con-
structed hereunder, or from any other resources of
the commission, and further may be secured by a
mortgage or deed of trust upon any property inter-
est 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,
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‘‘(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, ex-
cept 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 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 disburse-
ments of the commission shall be audited yearly by a cer-
tified 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 commis-
sioner, 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 Mis-
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souri when it has been entered into law by the legislatures
of the respective states.
‘‘(b) Amendments to the compact shall become effec-
tive 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 in-
curred prior to the effective date of such statute, includ-
ing, 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.
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‘‘ARTICLE X.
CONSTRUCTION AND
SEVERABILITY
‘‘The provisions of this compact shall be liberally con-
strued and shall be severable. If any phrase, clause, sen-
tence or provision of this compact is declared to be con-
trary 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 in-
valid, the validity of the remainder of this compact and
the applicability thereof to any government, agency, per-
son 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 coun-
ty which has been authorized by a majority of the electors
of the county to create or to become a part of the metro-
politan 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 a countywide re-
tailers’ sales tax and pledging the revenues received there-
from 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
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tax locally, but shall utilize the services of the state de-
partment 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 tax-
ation shall cause such tax to be collected within and out-
side 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 col-
lected 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 tax-
ation, to the treasurer of such county.
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‘‘(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 cul-
ture district compact. If any such revenue remains upon
nullification and voidance of the Kansas and Missouri
metropolitan culture district compact, the county treas-
urer shall deposit such revenue to the credit of the general
fund of the county.
‘‘(c) Any countywide retailers’ sales tax imposed pur-
suant 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 metropoli-
tan 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 retail-
ers’ sales tax revenues are apportioned and remitted.’’.
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SEC. 2. RESERVATION OF RIGHTS.
The Congress expressly deserves the right to alter,
amend, or repeal this Act.
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