[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4896 Received in Senate (RDS)]

103d CONGRESS
  2d Session
                                H. R. 4896


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 4 (legislative day, September 12), 1994

                                Received

_______________________________________________________________________

                                 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 Metropolitan 
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 development 
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 
citizens, 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 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 country 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.
    ``(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 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 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 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 \1/4\ 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 district 
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 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 
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.

                      ``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 commission 
shall be residents of the district. The term of each commissioner 
initially appointed by a county governing body shall expire 
concurrently 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 commissioner 
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 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, 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 concurrently 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 appointment 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 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 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 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 
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 contracted 
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 corporation, 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;
            ``(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 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 borrowed. 
        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 composed 
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 donations, 
contributions and grants or other support, financial or otherwise, 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 commission 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 necessary 
and incidental functions and duties and to exercise all other necessary 
and appropriate powers not inconsistent with the constitution 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 governing 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 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, except 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 disbursements of the commission 
shall be audited yearly by a certified 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 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 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.

              ``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 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 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 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 
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 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.

            Passed the House of Representatives October 3, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

HR 4896 RDS----2
                                                                 Clerk.