[106th Congress Public Law 287]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ287.106]
[[Page 114 STAT. 909]]
Public Law 106-287
106th Congress
An Act
To grant the consent of the Congress to the Kansas and Missouri
Metropolitan Culture District Compact. <<NOTE: Oct. 10, 2000 - [H.R.
4700]>>
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
[[Page 114 STAT. 910]]
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 sports or 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
sports or 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.
[[Page 114 STAT. 911]]
``(c)(1) <<NOTE: Deadline.>> 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.
``(3) Any question for the levy of a tax submitted after July 1,
2000, may 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; at a special election called and held as
otherwise provided by law; at an election called and held on the first
Tuesday after the first Monday in February, except in Presidential
election years; at an election called and held on the first Tuesday
after the first Monday in March, June, August, or November; or at an
election called and held on the first Tuesday in April, except that no
question for a tax levy may be submitted to the electors prior to
January 1, 2002.
``(4) No question shall be submitted to the electors authorizing the
levy of a tax the proceeds of which will be exclusively dedicated to
sports or sports facilities.
``(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
[[Page 114 STAT. 912]]
IV for creating or becoming a part of the metropolitan culture
district. <<NOTE: Notice.>> 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. <<NOTE: Effective date.>>
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) Two members of the governing body of a county with a
consolidated or unified county government and city of the first
class which is a part of the district, who shall be appointed by
majority vote of such governing body;
``(4) 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
``(5) A member of the arts commission of Missouri or the
Missouri humanities council, who shall be appointed by the
governor of Missouri.
To <<NOTE: Expiration dates.>> 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
[[Page 114 STAT. 913]]
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
[[Page 114 STAT. 914]]
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
[[Page 114 STAT. 915]]
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) <<NOTE: Appointment.>> 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) <<NOTE: Reports.>> 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 <<NOTE: Publication.>> 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
[[Page 114 STAT. 916]]
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) <<NOTE: Records.>> 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
[[Page 114 STAT. 917]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Expiration date.>> 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.''.
[[Page 114 STAT. 918]]
SEC. 2. RESERVATION OF RIGHTS.
The Congress expressly reserves the right to alter, amend, or repeal
this Act.
Approved October 10, 2000.
LEGISLATIVE HISTORY--H.R. 4700:
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HOUSE REPORTS: No. 106-769 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 146 (2000):
July 24, considered and passed House.
Sept. 26, considered and passed Senate.
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