H. R. 4700
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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 Metropoli-
tan 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 develop-
ment 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 citi-
zens, 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
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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 con-
tribute 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 mem-
bers 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.
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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 elec-
tion 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 partici-
pation 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 dis-
trict 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 participa-
tion 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
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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 out-
standing 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 commis-
sion shall be residents of the district. The term of each commissioner
initially appointed by a county governing body shall expire concur-
rently 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 commis-
sioner 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 commis-
sioner, 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 concur-
rently 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
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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 appoint-
ment 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 com-
pensation 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 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
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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 com-
mittee 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 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
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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
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 gov-
erning 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 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
H. R. 4700—8
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.
‘‘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
H. R. 4700—9
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 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.’’.
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SEC. 2. RESERVATION OF RIGHTS.
The Congress expressly reserves 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.