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