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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 busi-
ness. 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 con-
tracted 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
any institution, foundation, organization, person, firm or corpora-
tion, 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;
H. R. 4896—6
‘‘(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 commis-
sion.
‘‘(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 bor-
rowed. 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
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 com-
posed 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
H. R. 4896—7
make recommendations annually to the commission regarding dona-
tions, contributions and grants or other support, financial or other-
wise, 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 commis-
sion 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 nec-
essary and incidental functions and duties and to exercise all other
necessary and appropriate powers not inconsistent with the con-
stitution 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 govern-
ing bodies of the respective counties by the levy of taxes as author-
ized by the legislatures of the respective party states.
‘‘(b) The commission shall not incur any indebtedness or obliga-
tion 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 pub-
lished 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 disbursements of the commis-
sion shall be audited yearly by a certified or licensed public account-
ant 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.
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‘‘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 agree-
ment 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 cir-
cumstance 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
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
H. R. 4896—9
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 remit-
ted 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 county-
wide 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.’’.
SEC. 2. RESERVATION OF RIGHTS.
The Congress expressly deserves the right to alter, amend,
or repeal this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.