[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4896 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 4896
To grant the consent of the Congress to the Kansas and Missouri
Metropolitan Culture District Compact.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 3, 1994
Mr. Wheat (for himself and Mrs. Meyers of Kansas) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
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.
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