To grant the consent of the Congress to the Kansas and Missouri Metropolitan Culture District Compact.
PL 103-390 (H.R.4896), enacted 10/22/1994

PUBLIC LAW 103-390—OCT. 22, 1994 
108 STAT. 4085 
Public Law 103-390 
103d Congress 
An Act 
To grant the consent of the Congress to the Kansas and Missouri MetropoUtan 
Oct. 22, 1994 
Culture District Compact. 
[H.R. 4896] 
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 
108 STAT. 4086 
PUBLIC LAW 103-390-OCT. 22, 1994 
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 activities which contribute 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 
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 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. 
PUBLIC LAW 103-390—OCT. 22, 1994 
108 STAT. 4087 
"(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 
(insert amount, not 
to exceed V4 cent) be levied and collected in Kansas and Missouri 
metropolitan culture district consisting of the county(ies) of 
(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. 
"(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 
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 
outstanding bonded indebtedness of the district. 
108 STAT. 4088 
PUBLIC LAW 103-390—OCT. 22, 1994 
"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) 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 
"(4) 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 
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 
PUBLIC LAW 103-390—OCT. 22, 1994 
108 STAT. 4089 
and shall be open to the public. Public notice shall be given of Notification, 
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; 
108 STAT. 4090 
PUBLIC LAW 103-390—OCT. 22, 1994 
"(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 
PUBLIC LAW 103-390—OCT. 22, 1994 
108 STAT. 4091 
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. 
Reports. 
Publication. 
"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. 
Records. 
108 STAT. 4092 
PUBLIC LAW 103-390—OCT. 22, 1994 
"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 DC. 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 count3rwide 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 
PUBLIC LAW 103-390—OCT. 22, 1994 
108 STAT. 4093 
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 £ind 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 count3rwide 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. 
Approved October 22, 1994. 
LEGISLATIVE HISTORY—H.R. 4896: 
HOUSE REPORTS: No. 103-774 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Oct. 3, considered and passed House. 
Oct. 8, considered and passed Senate. 
o