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Pub.L. 106-288 Granting the consent of the Congress to the Red River Boundary Compact. <> ...


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[[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 

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