[House Report 106-769]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-769

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    TO GRANT THE CONSENT OF THE CONGRESS TO THE KANSAS AND MISSOURI 
                 METROPOLITAN CULTURE DISTRICT COMPACT

                                _______
                                

   July 20, 2000.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Hyde, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                        [To accompany H.R. 4700]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 4700) granting the consent of the Congress to the 
Kansas and Missouri Metropolitan Culture District Compact, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                           TABLE OF CONTENTS

                                                                  

                                                                 Page
Purpose and Summary........................................           1
Background and Need for the Legislation....................           2
Hearings...................................................           2
Committee Consideration....................................           3
Committee Oversight Findings...............................           3
Committee on Government Reform Findings....................           3
New Budget Authority and Tax Expenditures..................           3
Committee Cost Estimate....................................           3
Constitutional Authority Statement.........................           3
Section-by-Section Analysis and Discussion.................           3

                          Purpose and Summary

    H.R. 4700 grants congressional consent to changes made by 
the Kansas and Missouri legislatures in 2000 to the Kansas and 
Missouri Metropolitan District Culture Compact between those 
States. The amendments broaden the definition of cultural 
programs to include sports-related facilities and institutions, 
and adjust the composition of the commission established by the 
original compact to ensure balanced representation from both 
States.

                Background and Need for the Legislation

    Article I, section 10, clause 3 of the United States 
Constitution provides that: ``No State shall, without the 
Consent of Congress . . . enter into any agreement or Compact 
with another State, or with a foreign power. . . .'' 
Congressional consent to interstate compacts and agreements is 
necessary to ensure that these agreements do not work to the 
detriment of another State or conflict with Federal law or 
Federal interests.
    In 1994, Congress granted its consent to the Kansas and 
Missouri Metropolitan Culture District Compact.\1\ The Compact 
created a special taxing district to facilitate the cultural 
development of the greater Kansas City metropolitan area in 
Kansas and Missouri.\2\ In addition, the Compact permitted 
residents of the culture district to raise up to a quarter cent 
sales tax to support voter-approved cultural programs ``which 
contribute to or enhance the aesthetic, artistic, historical, 
intellectual or social development or appreciation of members 
of the general public.'' \3\ The Compact also provided for the 
establishment of a Commission consisting of Kansas and Missouri 
representatives to serve as the governing body of the culture 
district.\4\
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    \1\ Pub. L. No. 103-390, 108 Stat. 4085 (1994).
    \2\ Id. at art. IV.
    \3\ Id. at art. III (d).
    \4\ Id. at art. V & VI..
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    In 1996, voters in the district approved a .125 % sales tax 
to renovate the historic Grand Union train station and to 
develop a science museum in Kansas City, Missouri. In 2000, 
Kansas and Missouri overwhelmingly approved a slightly amended 
Metropolitan Culture District Compact between the States.\5\ 
The new Culture District Compact broadens the definition of 
cultural programs to include sports activities and 
facilities,\6\ and changes the composition of the Commission to 
assure balanced representation from both States. Both the 
original and the amended Kansas and Missouri Metropolitan 
Culture Compacts obtained broad bipartisan support and were 
approved by overwhelming legislative margins in their 
respective States.
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    \5\ Mo. Stat. Sec. 70-500 (2000); Kan. Stat. Sec. 72-116 (2000).
    \6\ H.R. 4700 (106th Cong.) art. III.
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                                Hearings

    The committee's Subcommittee on Commercial and 
Administrative Law held 1 day of hearings on H.R.4700 on July 
18, 2000. Testimony was received from U.S. Representative Karen 
McCarthy and Kansas State Senator Audrey Langworthy, with 
additional material submitted by Missouri State Senator Harry 
Wiggins; Robert J. Marcusse, President and CEO of the Kansas 
City Area Development Council; and Missouri State 
Representative Thomas J. Hoppe.

                        Committee Consideration

    On July 18, 2000, the Subcommittee on Commercial and 
Administrative Law met in open session and ordered favorably 
reported without amendment the bill H.R. 4700 by voice vote, a 
quorum being present. On July 19, 2000, the committee met in 
open session and ordered favorably reported without amendment 
the bill H.R. 4700 by voice vote, a quorum being present.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the committee reports that the 
findings and recommendations of the committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                Committee on Government Reform Findings

    No findings or recommendations of the Committee on 
Government Reform were received as referred to in clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures

                        Committee Cost Estimate

    In compliance with clause 3(d)(2) of rule XIII of the Rules 
of the House of Representatives, the committee believes that 
the bill will have no cost for the current fiscal year 2000, 
and that there would be no cost incurred in carrying out H.R. 
4700 for the next five fiscal years.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the committee finds the authority for 
this legislation in Article I, section 10 clause 3 of the 
Constitution.

               Section-by-Section Analysis and Discussion

    Section 1. Consent. Gives congressional consent to the 
interstate Compact between Kansas and Missouri. The remaining 
portions of section 1 sets forth the Metropolitan Culture 
District Compact agreed to by the Kansas and Missouri State 
legislatures.
    Article I. Agreement and pledge. Provides that each State 
agrees to cooperation with the other in the planning and 
development of the district.
    Article II. Policy and purpose. Defines the purpose of the 
Compact, which is to provide for the creation of a bi-State 
metropolitan culture district.
    Article III. Definitions. Defines key terms used in the 
Compact.
    Article IV. The District. Defines counties that are both 
eligible and required to participate in the district within the 
States of Kansas and Missouri. The Compact authorizes counties 
within the District to allow their residents to decide whether 
to participate in the district and whether to levy a sales tax 
to support the goals of the district. The Article also provides 
the ballot language to be placed before voters when considering 
whether to join the district or whether to raise a sales tax to 
support cultural development in the district.
    Article V. The Commission. Defines the membership and 
method of appointment for members of the metropolitan culture 
commission (``the Commission''). The Article defines how 
officers are selected, specifies the terms of office for 
Commission members, and provides for the hiring of employees 
and general operation of the Commission.
    Article VI. Powers and duties of the Commission. Among 
others things, the Commission is empowered to contract, receive 
and solicit donations and grants of money, equipment, and 
supplies from any State, organization, person or corporation; 
provide donations to cultural activities in counties that are 
part of the district; purchase, lease or devise cultural 
facilities within the territory of the district; and borrow 
money 5 years after the creation of the district for such 
things as repair and maintenance of any cultural facilities. 
The Commission is required to publish an annual report on 
operations and transactions conducted during the preceding 
year, and must appoint an advisory committee of an equal number 
of persons from both States who are members of the general 
public with interest in cultural organizations or activities.
    Article VII. Finance. Outlines financial requirements and 
organization of the Culture District. Requires that all 
commission appropriations be reviewed by the governing bodies 
of the counties comprising the district. Also requires the 
commission's accounting be open for audit by representatives 
from all branches of State government involved in the district.
    Article VIII. Entry into Force. Defines when the Compact 
becomes effective and provides for future amendments.
    Article IX. Termination. Provides for the termination of 
the Compact. Either State legislature may terminate the Compact 
by enacting a statute repealing it.
    Article X. Construction and Severability. Provides that 
provisions of the Compact be liberally construed and severable 
from the remainder of the Compact if they are determined to be 
invalid. Also limits the sales tax to be levied for cultural 
projects within the district to .25 % and establishes 
collection guidelines for these taxes.
    Section 2. Reservation of Rights. Reserves the right to 
Congress to amend or repeal the Act.

                                
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