§39-66 Federal tax-exempt status;
preference; protection. (a) Revenue bonds issued pursuant to this part,
to the extent practicable, shall be issued to comply with requirements imposed
by applicable federal law providing that the interest on such revenue bonds
shall be excluded from gross income for federal income tax purposes (except as
certain minimum taxes or environmental taxes may apply). The department head
or presiding officer of the governing body is authorized to enter into
agreements, establish funds or accounts and take any action required in order
to comply with applicable federal law. Nothing in this part or this chapter
shall be deemed to prohibit the issuance of revenue bonds, the interest on
which may be included in gross income for federal income tax purposes.
(b) For the purpose of insuring that interest
on revenue bonds issued pursuant to this part which is excluded from gross
income for federal income tax purposes (except as provided in subsection (a))
on the date of issuance shall continue to be so excluded, no state officer or
employee, or user of an undertaking or loan program shall authorize or allow
any change, amendment, or modification to an undertaking or loan program
financed or refinanced with the proceeds of revenue bonds which change,
amendment, or modification thereto would affect the exclusion of interest on
those revenue bonds from gross income for federal income tax purposes unless
the change, amendment, or modification shall have received the prior approval
of the department head or chairperson of the governing body. Failure to
receive the approval of the department head or chairperson of the governing
body shall render any change, amendment, or modification void. [L 1988, c 28,
pt of §3]