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Session of 2000
          SENATE BILL No. 643           By Committee on Ways and Means           2-21          

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  9             AN  ACT amending and supplementing the Kansas and Missouri met-
10             ropolitan culture district compact; amending K.S.A. 1999 Supp. 12-
11             2536 and repealing the existing section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 12-2536 is hereby amended to read as
15       follows: 12-2536. The Kansas and Missouri metropolitan culture district
16       compact is hereby enacted into law and entered into by the state of Kansas
17       with the state of Missouri legally joining therein, in the form substantially
18       as follows:
19       Kansas and Missouri Metropolitan 20       Culture District Compact 21       Article I.--Agreement and Pledge 22             The states of Kansas and Missouri agree to and pledge, each to the
23       other, faithful cooperation in the future planning and development of the
24       metropolitan culture district, holding in high trust for the benefit of its
25       people and of the nation, the special blessings and natural advantages
26       thereof.
27       Article II.--Policy and Purpose 28             The party states, desiring by common action to fully utilize and improve
29       their cultural facilities, coordinate the services of their cultural organi-
30       zations, enhance the cultural activities of their citizens, and achieve solid
31       financial support for such cultural facilities, organizations and activities,
32       declare that it is the policy of each state to realize such desires on a basis
33       of cooperation with one another, thereby serving the best interests of
34       their citizenry and effecting economies in capital expenditures and op-
35       erational costs. The purpose of this compact is to provide for the creation
36       of a metropolitan culture district as the means to implementation of the
37       policy herein declared with the most beneficial and economical use of
38       human and material resources.
39       Article III.--Definitions 40             As used in this compact, unless the context clearly requires otherwise:
41             (a) ``Metropolitan culture district'' means a political subdivision of the
42       states of Kansas and Missouri which is created under and pursuant to the
43       provisions of this compact and which is composed of the counties in the

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  1       states of Kansas and Missouri which act to create or to become a part of
  2       the district in accordance with the provisions of Article IV.
  3             (b) ``Commission'' means the governing body of the metropolitan cul-
  4       ture district.
  5             (c) ``Cultural activities'' means sports or activities which contribute to
  6       or enhance the aesthetic, artistic, historical, intellectual or social devel-
  7       opment or appreciation of members of the general public.
  8             (d) ``Cultural organizations'' means nonprofit and tax exempt social,
  9       civic or community organizations and associations which are dedicated to
10       the development, provision, operation, supervision, promotion or support
11       of cultural activities in which members of the general public may engage
12       or participate.
13             (e) ``Cultural facilities'' means facilities operated or used for sports
14       or participation or engagement in cultural activities by members of the
15       general public.
16       Article IV.--The District 17             (a) The counties in Kansas and Missouri eligible to create and initially
18       compose the metropolitan culture district shall be those counties which
19       meet one or more of the following criteria: (1) The county has a popu-
20       lation in excess of 300,000, and is adjacent to the state line; (2) the county
21       contains a part of a city with a population according to the most recent
22       federal census of at least 400,000; or (3) the county is contiguous to any
23       county described in provisions (1) or (2) of this subpart (a). The counties
24       of Johnson in Kansas and Jackson in Missouri shall be sine qua non to
25       the creation and initial composition of the district. Additional counties in
26       Kansas and Missouri shall be eligible to become a part of the metropolitan
27       culture district if such counties are contiguous to any one or more of the
28       counties which compose the district and within 60 miles of the counties
29       required by this article to establish the district.
30             (b)  (1) Whenever the governing body of any county which is eligible
31       to create or become a part of the metropolitan culture district shall de-
32       termine that creation of or participation in the district is in the best in-
33       terests of the citizens of the county and that the levy of a tax to provide
34       on a cooperative basis with another county or other counties for financial
35       support of the district would be economically practical and cost beneficial
36       to the citizens of the county, the governing body may adopt by majority
37       vote a resolution authorizing the same.
38             (2) Whenever a petition, signed by not less than the number of qual-
39       ified electors of an eligible county equal to 5% of the number of ballots
40       cast and counted at the last preceding gubernatorial election held in the
41       county and requesting adoption of a resolution authorizing creation of or
42       participation in the metropolitan culture district and the levy of a tax for
43       the purpose of contributing to the financial support of the district, is filed

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  1       with the governing body of the county, the governing body shall adopt
  2       such a resolution.
  3             (3) Implementation of a resolution adopted under this subpart (b)
  4       shall be conditioned upon approval of the resolution by a majority of the
  5       qualified electors of the county voting at an election conducted for such
  6       purpose.
  7             (c)  (1) Upon adoption of a resolution pursuant to subpart (b)(1) or
  8       subpart (b)(2), the governing body of the county shall request, within 36
  9       months after adoption of the resolution, the county election officer to
10       submit to the qualified electors of the county the question of whether
11       the governing body shall be authorized to implement the resolution. The
12       resolution shall be printed on the ballot and in the notice of election. The
13       question shall be submitted to the electors of the county at the primary
14       or general election next following the date of the request filed with the
15       county election officer. If a majority of the qualified electors are opposed
16       to implementation of the resolution authorizing creation of or participa-
17       tion in the district and the levy of a tax for financial support thereof, the
18       same shall not be implemented. The governing body of the county may
19       renew procedures for authorization to create or become a part of the
20       district and to levy a tax for financial support thereof at any time following
21       rejection of the question.
22             (2) The ballot for the proposition in any county shall be substantially
23       the following form:

24	``Shall a retail sales tax of ____________	Yes
25	(insert amount, not to exceed 1/4 cent)
26	be levied and collected in Kansas and Missouri metropolitan cultural dis-	No
27       28	trict consisting of the county(ies) of ____________ for the support of cul- (insert name of counties) tural facilities and organizations within the district?''

29             The governing body of the county may place additional language on
30       the ballot to describe the use or allocation of the funds.
31             (d)  (1) The metropolitan culture district shall be created when im-
32       plementation of a resolution authorizing the creation of the district and
33       the levy of a tax for contribution to the financial support thereof is ap-
34       proved by respective majorities of the qualified electors of at least Johnson
35       county, Kansas, and Jackson county, Missouri.
36             (2) When implementation of a resolution authorizing participation in
37       the metropolitan culture district and the levy of a tax for contribution to
38       the financial support thereof is approved by a majority of the qualified
39       electors of any county eligible to become a part of the district, the gov-
40       erning body of the county shall proceed with the performance of all things
41       necessary and incidental to participation in the district.
42             (3) Any question for the levy of a tax submitted after July 1, 2000,

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  1       may be submitted to the electors of the county at the primary or general
  2       election next following the date of the request filed with the county election
  3       officer; at a special election called and held as otherwise provided by law;
  4       at an election called and held on the first Tuesday after the first Monday
  5       in February, except in presidential election years; at an election called and
  6       held on the first Tuesday after the first Monday in March, June, August
  7       or November; or at an election called and held on the first Tuesday in
  8       April, except that no question for a tax levy may be submitted to the
  9       electors prior to January 1, 2002.
10             (4) No question shall be submitted to the electors authorizing the levy
11       of a tax the proceeds of which will be exclusively dedicated to sports or
12       sports facilities.
13             (e) Any of the counties composing the metropolitan culture district
14       may withdraw from the district by adoption of a resolution and approval
15       of the resolution by a majority of the qualified electors of the county, all
16       in the same manner provided in this Article IV for creating or becoming
17       a part of the metropolitan culture district. The governing body of a with-
18       drawing county shall provide for the sending of formal written notice of
19       withdrawal from the district to the governing body of the other county
20       or each of the other counties comprising the district. Actual withdrawal
21       shall not take effect until 90 days after notice has been sent. A withdraw-
22       ing county shall not be relieved from any obligation which such county
23       may have assumed or incurred by reason of being a part of the district,
24       including, but not limited to, the retirement of any outstanding bonded
25       indebtedness of the district.
26       Article V.--The Commission 27             (a) The metropolitan culture district shall be governed by the met-
28       ropolitan culture commission which shall be a body corporate and politic
29       and which shall be composed of resident electors of the states of Kansas
30       and Missouri, respectively, as follows: (1) A member of the governing
31       body of each county which is a part of the district, who shall be appointed
32       by majority vote of such governing body; (2) a member of the governing
33       body of each city, with a population according to the most recent federal
34       census of at least 50,000, located in whole or in part within each county
35       which is a part of the district, who shall be appointed by majority vote of
36       such governing body; and (3) two members of the governing body of a
37       county with a consolidated or unified county government and city of the
38       first class which is a part of the district, who shall be appointed by ma-
39       jority vote of such governing body; (3) (4) a member of the arts commis-
40       sion of Kansas or the Kansas commission for the humanities, who shall
41       be appointed by the governor of Kansas; and (5) a member of the arts
42       commission of Missouri or the Missouri humanities council, who shall be
43       appointed by the governor of Missouri. To the extent possible, the gu-

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  1       bernatorial appointees to the commission shall be residents of the district.
  2       The term of each commissioner initially appointed by a county governing
  3       body shall expire concurrently with such commissioner's tenure as a
  4       county officer or three years after the date of appointment as a commis-
  5       sioner, whichever occurs sooner. The term of each commissioner suc-
  6       ceeding a commissioner initially appointed by a county governing body
  7       shall expire concurrently with such successor commissioner's tenure as a
  8       county officer or four years after the date of appointment as a commis-
  9       sioner, whichever occurs sooner. The term of each commissioner initially
10       appointed by a city governing body shall expire concurrently with such
11       commissioner's tenure as a city officer or two years after the date of
12       appointment as a commissioner, whichever occurs sooner. The term of
13       each commissioner succeeding a commissioner initially appointed by a
14       city governing body shall expire concurrently with such successor com-
15       missioner's tenure as a city officer or four years after the date of appoint-
16       ment as a commissioner, whichever occurs sooner. The term of each
17       commissioner appointed by the governor of Kansas or the governor of
18       Missouri shall expire concurrently with the term of the appointing gov-
19       ernor, the commissioner's tenure as a state officer, or four years after the
20       date of appointment as a commissioner of the district, whichever occurs
21       sooner. Any vacancy occurring in a commissioner position for reasons
22       other than expiration of terms of office shall be filled for the unexpired
23       term by appointment in the same manner that the original appointment
24       was made. Any commissioner may be removed for cause by the appoint-
25       ing authority of the commissioner.
26             (b) The commission shall select annually, from its membership, a
27       chairperson, a vice-chairperson, and a treasurer. The treasurer shall be
28       bonded in such amounts as the commission may require.
29             (c) The commission may appoint such officers, agents and employees
30       as it may require for the performance of its duties, and shall determine
31       the qualifications and duties and fix the compensation of such officers,
32       agents and employees.
33             (d) The commission shall fix the time and place at which its meetings
34       shall be held. Meetings shall be held within the district and shall be open
35       to the public. Public notice shall be given of all meetings.
36             (e) A majority of the commissioners from each state shall constitute,
37       in the aggregate, a quorum for the transaction of business. No action of
38       the commission shall be binding unless taken at a meeting at which at
39       least a quorum is present, and unless a majority of the commissioners
40       from each state, present at such meeting, shall vote in favor thereof. No
41       action of the commission taken at a meeting thereof shall be binding
42       unless the subject of such action is included in a written agenda for such
43       meeting, the agenda and notice of meeting having been mailed to each

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  1       commissioner by postage paid first-class mail at least 14 calendar days
  2       prior to the meeting.
  3             (f) The commissioners from each state shall be subject to the provi-
  4       sions of the laws of the states of Kansas and Missouri, respectively, which
  5       relate to conflicts of interest of public officers and employees. If any
  6       commissioner has a direct or indirect financial interest in any cultural
  7       facility, organization or activity supported by the district or commission
  8       or in any other business transaction of the district or commission, the
  9       commissioner shall disclose such interest in writing to the other commis-
10       sioners and shall abstain from voting on any matter relating to such fa-
11       cility, organization or activity or to such business transaction.
12             (g) If any action at law or equity, or other legal proceeding, shall be
13       brought against any commissioner for any act or omission arising out of
14       the performance of duties as a commissioner, the commissioner shall be
15       indemnified in whole and held harmless by the commission for any judg-
16       ment or decree entered against the commissioner and, further, shall be
17       defended at the cost and expense of the commission in any such pro-
18       ceeding.
19       Article VI.--Powers and Duties of the Commission 20             (a) The commission shall adopt a seal and suitable bylaws governing
21       its management and procedure.
22             (b) The commission has the power to contract and to be contracted
23       with, and to sue and to be sued.
24             (c) The commission may receive for any of its purposes and functions
25       any contributions or moneys appropriated by counties or cities and may
26       solicit and receive any and all donations, and grants of money, equipment,
27       supplies, materials and services from any state or the United States or
28       any agency thereof, or from any institution, foundation, organization, per-
29       son, firm or corporation, and may utilize and dispose of the same.
30             (d) Upon receipt of recommendations from the advisory committee
31       provided in subsection (g), the commission may provide donations, con-
32       tributions and grants or other support, financial or otherwise, for or in
33       aid of cultural organizations, facilities or activities in counties which are
34       part of the district. In determining whether to provide any such support
35       the commission shall consider the following factors:
36             (1) Economic impact upon the district;
37             (2) cultural benefit to citizens of the district and to the general public;
38             (3) contribution to the quality of life and popular image of the district;
39             (4) contribution to the geographical balance of cultural facilities and
40       activities within and outside the district;
41             (5) the breadth of popular appeal within and outside the district;
42             (6) the needs of the community as identified in an objective cultural
43       needs assessment study of the metropolitan area; and

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  1             (7) any other factor deemed appropriate by the commission.
  2             (e) The commission may own and acquire by gift, purchase, lease or
  3       devise cultural facilities within the territory of the district. The commis-
  4       sion may plan, construct, operate and maintain and contract for the op-
  5       eration and maintenance of cultural facilities within the territory of the
  6       district. The commission may sell, lease or otherwise dispose of cultural
  7       facilities within the territory of the district.
  8             (f) At any time following five years from and after the creation of the
  9       metropolitan cultural district as provided in paragraph (1) of subsection
10       (d) of article IV, the commission, may borrow moneys for the planning,
11       construction, equipping, operation, maintenance, repair, extension, ex-
12       pansion, or improvement of any cultural facility and, in that regard, the
13       commission at such time may:
14             (1) Issue notes, bonds or other instruments in writing of the com-
15       mission in evidence of the sum or sums to be borrowed. No notes, bonds
16       or other instruments in writing shall be issued pursuant to this subsection
17       until the issuance of such notes, bonds or instruments has been submitted
18       to and approved by a majority of the qualified electors of the district
19       voting at an election called and held thereon. Such election shall be called
20       and held in the manner provided by the general bond law;
21             (2) issue refunding notes, bonds or other instruments in writing for
22       the purpose of refunding, extending or unifying the whole or any part of
23       its outstanding indebtedness from time to time, whether evidenced by
24       notes, bonds or other instruments in writing. Such refunding notes, bonds
25       or other instruments in writing shall not exceed in amount the principal
26       of the outstanding indebtedness to be refunded and the accrued interest
27       thereon to the date of such refunding;
28             (3) provide that all notes, bonds and other instruments in writing
29       issued hereunder shall or may be payable, both as to principal and inter-
30       est, from sales tax revenues authorized under this compact and disbursed
31       to the district by counties comprising the district, admissions and other
32       revenues collected from the use of any cultural facility or facilities con-
33       structed hereunder, or from any other resources of the commission, and
34       further may be secured by a mortgage or deed of trust upon any property
35       interest of the commission; and
36             (4) prescribe the details of all notes, bonds or other instruments in
37       writing, and of the issuance and sale thereof. The commission shall have
38       the power to enter into covenants with the holders of such notes, bonds
39       or other instruments in writing, not inconsistent with the powers granted
40       herein, without further legislative authority.
41             (g) The commission shall appoint an advisory committee composed
42       of members of the general public consisting of an equal number of per-
43       sons from both the states of Kansas and Missouri who have demonstrated

8
  1       interest, expertise, knowledge or experience in cultural organizations or
  2       activities. The advisory committee shall make recommendations annually
  3       to the commission regarding donations, contributions and grants or other
  4       support, financial or otherwise, for or in aid of cultural organizations,
  5       facilities and activities in counties which are part of the district.
  6             (h) The commission may provide for actual and necessary expenses
  7       of commissioners and advisory committee members incurred in the per-
  8       formance of their official duties.
  9             (i) The commission shall cause to be prepared annually a report on
10       the operations and transactions conducted by the commission during the
11       preceding year. The report shall be submitted to the legislatures and
12       governors of the compacting states, to the governing bodies of the coun-
13       ties comprising the district, and to the governing body of each city that
14       appoints a commissioner. The commission shall publish the annual report
15       in the official county newspaper of each of the counties comprising the
16       district.
17             (j) The commission has the power to apply to the congress of the
18       United States for its consent and approval of the compact. In the absence
19       of the consent of congress and until consent is secured, the compact is
20       binding upon the states of Kansas and Missouri in all respects permitted
21       by law for the two states, without the consent of congress, for the purposes
22       enumerated and in the manner provided in the compact.
23             (k) The commission has the power to perform all other necessary and
24       incidental functions and duties and to exercise all other necessary and
25       appropriate powers not inconsistent with the constitution or laws of the
26       United States or of either of the states of Kansas or Missouri to effectuate
27       the same.
28       Article VII.--Finance 29             (a) The moneys necessary to finance the operation of the metropol-
30       itan culture district and the execution of the powers, duties and respon-
31       sibilities of the commission shall be appropriated to the commission by
32       the counties comprising the district. The moneys to be appropriated to
33       the commission shall be raised by the governing bodies of the respective
34       counties by the levy of taxes as authorized by the legislatures of the re-
35       spective party states.
36             (b) The commission shall not incur any indebtedness or obligation of
37       any kind; nor shall the commission pledge the credit of either or any of
38       the counties comprising the district or either of the states party to this
39       compact, except as authorized by article VI. The budget of the district
40       shall be prepared, adopted and published as provided by law for other
41       political subdivisions of the party states. No budget shall be adopted by
42       the commission until it has been submitted to and reviewed by the gov-
43       erning bodies of the counties comprising the district and the governing

9
  1       body of each city represented on the commission.
  2             (c) The commission shall keep accurate accounts of all receipts and
  3       disbursements. The receipts and disbursements of the commission shall
  4       be audited yearly by a certified or licensed public accountant and the
  5       report of the audit shall be included in and become part of the annual
  6       report of the commission.
  7             (d) The accounts of the commission shall be open at any reasonable
  8       time for inspection by duly authorized representatives of the compacting
  9       states, the counties comprising the district, the cities that appoint a com-
10       missioner, and other persons authorized by the commission.
11       Article VIII.--Entry into Force 12             (a) This compact shall enter into force and become effective and
13       binding upon the states of Kansas and Missouri when it has been enacted
14       into law by the legislatures of the respective states.
15             (b) Amendments to the compact shall become effective upon enact-
16       ment by the legislatures of the respective states.
17       Article IX.--Termination 18             This compact shall continue in force and remain binding upon a party
19       state until its legislature shall have enacted a statute repealing the same
20       and providing for the sending of formal written notice of enactment of
21       such statute to the legislature of the other party state. Upon enactment
22       of such a statute by the legislature of either party state, the sending of
23       notice thereof to the other party state, and payment of any obligations
24       which the metropolitan culture district commission may have incurred
25       prior to the effective date of such statute, including, but not limited to,
26       the retirement of any outstanding bonded indebtedness of the district,
27       the agreement of the party states embodied in the compact shall be
28       deemed fully executed, the compact shall be null and void and of no
29       further force or effect, the metropolitan culture district shall be dissolved,
30       and the metropolitan culture district commission shall be abolished.
31       Article X.--Construction and Severability 32             The provisions of this compact shall be liberally construed and shall be
33       severable. If any phrase, clause, sentence or provision of this compact is
34       declared to be contrary to the constitution of either of the party states or
35       of the United States or the applicability thereof to any government,
36       agency, person or circumstance is held invalid, the validity of the remain-
37       der of this compact and the applicability thereof to any government,
38       agency, person or circumstance shall not be affected thereby. If this com-
39       pact shall be held contrary to the constitution of either of the states party
40       thereto, the compact shall thereby be nullified and voided and of no
41       further force or effect. 
42       Sec.  2. K.S.A. 1999 Supp. 12-2536 is hereby repealed.

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  1        Sec.  3. This act shall take effect and be in force from and after its
  2       publication in the statute book.