Key: (1) language to be deleted (2) new language
Laws of Minnesota 1983
CHAPTER 213--H.F.No. 1171
An act relating to taxation; clarifying the income tax
treatment of certain debt obligations of state and
local governments; amending Minnesota Statutes 1982,
sections 80A.09, subdivision 1; 115A.69, subdivision
6; 116A.25; 116J.89, subdivision 6; 136.32; 136A.179;
136A.39; 193.146, subdivision 4; 272.02, subdivision
1; 362A.07; 447.35; 447.49; 458.193, subdivision 6;
458A.05, subdivision 6; 458A.09; 462.191, subdivision
3; 462.551; 462A.19, subdivision 1; 472.09,
subdivision 4; 473.436, subdivision 6; 473.448;
473.545; and 473.666; repealing Minnesota Statutes
1982, sections 116J.89, subdivision 7; 462A.19,
subdivision 2; and 474.12.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [LEGISLATIVE INTENT.]
It is the intent of the legislature that the taxation of
the obligations of the state of Minnesota and any of its
political subdivisions, municipalities, governmental agencies,
or instrumentalities and the interest on the obligations be
determined uniformly pursuant to Minnesota Statutes, sections
272.02, subdivision 1; 290.01, subdivision 20; and 290.08,
subdivision 8. This act is intended to clarify the law by
eliminating duplicative, inconsistent, and ambiguous statutory
references to the taxation of such obligations and the interest
paid on the obligations.
Sec. 2. Minnesota Statutes 1982, section 80A.09,
subdivision 1, is amended to read:
Subdivision 1. The following securities may be registered
by notification:
(a) any industrial revenue bond, the interest on which is
exempt from tax under section 290.08, subdivision 7 issued by
the state of Minnesota or any of its political or governmental
subdivisions, municipalities, governmental agencies, or
instrumentalities; and
(b) any securities issued by a person organized exclusively
for social, religious, educational, benevolent, fraternal,
charitable, reformatory, athletic, chamber of commerce, trade,
industrial development, or professional association purposes and
not for pecuniary gain, and no part of the net earnings of which
inures to the benefit of any private stockholder or individual;
provided that no securities issued by any person offering and
furnishing a burial service or funeral benefit, directly or
indirectly for financial consideration, may be registered under
this section.
Sec. 3. Minnesota Statutes 1982, section 115A.69,
subdivision 6, is amended to read:
Subd. 6. [PROPERTY EXEMPT FROM TAXATION.] Any real or
personal property owned, used, or occupied by the district for
any authorized purpose is declared to be acquired, owned, used
and occupied for public and governmental purposes, and shall be
exempted from taxation by the state or any political subdivision
of the state, provided that those properties shall be subject to
special assessments levied by a political subdivision for a
local improvement in amounts proportionate to and not exceeding
the special benefit received by the properties from the
improvement. No possible use of the properties in any manner
different from their use for solid waste management at the time
shall be considered in determining the special benefit received
by the properties. All bonds, certificates of indebtedness or
other obligations of the district shall be exempted from
taxation by the state or any political subdivision of the
state. Interest on the obligations of the district shall be
exempted from taxation in the same manner provided for interest
on obligations qualifying under section 290.08, subdivision 7.
Sec. 4. Minnesota Statutes 1982, section 116A.25, is
amended to read:
116A.25 [PROPERTY EXEMPT FROM TAXATION.]
Any properties, real or personal, owned, leased,
controlled, used, or occupied by a water or sewer or water and
sewer commission or board for any purpose referred to in
sections 116A.01 to 116A.26 are declared to be acquired, owned,
leased, controlled, used and occupied for public, governmental,
and municipal purposes, and shall be exempt from taxation by the
state or any political subdivision of the state, provided that
such properties shall be subject to special assessments levied
by a political subdivision for a local improvement in amounts
proportionate to and not exceeding the special benefit received
by the properties from such improvement. No possible use of any
such properties in any manner different from their use as part
of a distribution or disposal system at the time shall be
considered in determining the special benefit received by such
properties. All such assessments shall be subject to final
confirmation by the county board or boards in whose jurisdiction
the system is constructed and whose determination of the
benefits shall be conclusive upon the political subdivision
levying the assessment. All bonds, certificates of indebtedness
or other obligations of the commission or boards, and the
interest thereon, shall be exempt from taxation by the state or
any political subdivision of the state.
Sec. 5. Minnesota Statutes 1982, section 116J.89,
subdivision 6, is amended to read:
Subd. 6. The property of the agency and its income and
operation shall be exempt from all taxation by the state or any
of its political subdivisions and all bonds and notes of the
agency shall be exempt from all taxation by the state or any of
its political subdivisions.
Sec. 6. Minnesota Statutes 1982, section 136.32, is
amended to read:
136.32 [BONDS, INVESTMENTS.]
The state, including the state board of investment, and all
counties, cities, incorporated towns and other municipal
corporations, political subdivisions and political bodies, and
public officers of any thereof, all banks, bankers, trust
companies, savings banks, and institutions, building and loan
associations, savings and loan associations, investment
companies and other persons carrying on a banking business, all
insurance companies, insurance associations and other persons
carrying on an insurance business, and all executors,
administrators, guardians, trustees and other fiduciaries may
legally invest any sinking funds, moneys or other funds
belonging to them or within their control in any bonds issued
pursuant to sections 136.31 to 136.38, it being the purpose of
this section to authorize the investment in such bonds of all
sinking, insurance, retirement, compensation, pension and trust
funds, whether owned or controlled by private or public persons
or officers; provided, however, that nothing contained in this
section may be construed as relieving any person, firm or
corporation from any duty of exercising due care in selecting
securities for purchase or investment. Such bonds are hereby
constituted "authorized securities" within the meaning and for
the purposes of section 50.14, notwithstanding the restrictions
in part (c) of subdivision 4 thereof. All bonds issued under
sections 136.31 to 136.38 shall be exempt from all taxation.
Interest paid on such bonds shall not be included in gross
income for the purpose of computing any tax imposed by or under
any provisions of chapter 290, or any act amendatory thereof or
supplemental thereto.
Sec. 7. Minnesota Statutes 1982, section 136A.179, is
amended to read:
136A.179 [PUBLIC PURPOSE; TAX FREE STATUS.]
The exercise of the powers granted by sections 136A.14 to
136A.179 will be in all respects for the benefit of the people
of this state, for the increase of their commerce, welfare and
prosperity, and for the improvement of their health and living
conditions, and as providing loans by the board or its agent
will constitute the performance of an essential public function,
and any bonds issued under the provisions of sections 136A.14 to
136A.179, their transfer and the income therefrom including any
profit made on the sale thereof, shall at all times be free from
taxation of every kind by the state and by the municipalities
and other political subdivisions in the state.
Sec. 8. Minnesota Statutes 1982, section 136A.39, is
amended to read:
136A.39 [EXEMPTION FROM TAXES AND OTHER RESTRICTIONS.]
The exercise of the powers granted by sections 136A.25 to
136A.42, will be in all respects for the benefit of the people
of this state, for the increase of their commerce, welfare and
prosperity, and for the improvement of their health and living
conditions, and as the operation and maintenance of a project by
the authority or its agent will constitute the performance of an
essential public function, neither the authority nor its agent
shall be required to pay any taxes or assessments upon or in
respect of a project or any property acquired or used by the
authority or its agent under the provisions of sections 136A.25
to 136A.42, or upon the income therefrom, and any bonds issued
under the provisions of sections 136A.25 to 136A.42, their
transfer and the income therefrom, including any profit made on
the sale thereof, shall at all times be free from taxation of
every kind by the state and by the municipalities and other
political subdivisions in the state.
Sec. 9. Minnesota Statutes 1982, section 193.146,
subdivision 4, is amended to read:
Subd. 4. [SALE.] The bonds shall be sold by the
corporation under notice and upon the terms and at times as the
corporation shall deem best. The bonds shall not be deemed or
construed to be debts of the state of Minnesota or of the county
or municipality in which the armory is situated, nor to impose
any personal liability upon any member of the corporation, but
shall be payable solely out of the income to be received by the
corporation as specified herein. Bonds legally issued pursuant
hereto shall be deemed authorized securities within the
provisions of section 50.14, and laws supplemental thereto, and
shall be proper for the investment of capital, surplus, or
deposits of any savings bank or trust company, and for the
investment of funds of any insurance company, and for the
investment of any sinking funds held by any public or municipal
corporation, and may be pledged by any bank or trust company as
security for the deposit of public moneys therein in lieu of
surety bonds. The bonds shall be deemed and treated as
instrumentalities and obligations of a public governmental
agency, and as such shall be exempt from taxation.
Sec. 10. Minnesota Statutes 1982, section 272.02,
subdivision 1, is amended to read:
Subdivision 1. Except as provided in other subdivisions of
this section or in section 272.025 or section 273.13,
subdivisions 17, 17b, 17c or 17d, all property described in this
section to the extent herein limited shall be exempt from
taxation:
(1) All public burying grounds;
(2) All public schoolhouses;
(3) All public hospitals;
(4) All academies, colleges, and universities, and all
seminaries of learning;
(5) All churches, church property, and houses of worship;
(6) Institutions of purely public charity except property
assessed pursuant to section 273.13, subdivisions 17, 17b, 17c
or 17d;
(7) All public property exclusively used for any public
purpose;
(8) (a) Class 2 property of every household of the value of
$100, maintained in the principal place of residence of the
owner thereof. The county auditor shall deduct such exemption
from the total valuation of such property as equalized by the
revenue commissioner assessed to such household, and extend the
levy of taxes upon the remainder only. The term "household" as
used in this section is defined to be a domestic establishment
maintained either (1) by two or more persons living together
within the same house or place of abode, subsisting in common
and constituting a domestic or family relationship, or (2) by
one person.
(b) During the period of his active service and for six
months after his discharge therefrom, no member of the armed
forces of the United States shall lose status of a householder
under paragraph (a) which he had immediately prior to becoming a
member of the armed forces.
In case there is an assessment against more than one member
of a household the $100 exemption shall be divided among the
members assessed in the proportion that the assessed value of
the Class 2 property of each bears to the total assessed value
of the Class 2 property of all the members assessed. The Class
2 property of each household claimed to be exempt shall be
limited to property in one taxing district, except in those
cases where a single domestic establishment is maintained in two
or more adjoining districts.
Bonds and, certificates of indebtedness hereafter, or other
obligations issued by the state of Minnesota, or by any county
or city of the state, or any town, or any common or independent
school district of the state, or any governmental board of the
state, or any county or city thereof, shall hereafter be are
exempt from ad valorem property taxation; provided, that nothing
herein contained shall be construed as exempting such bonds from
the payment of a tax thereon, as provided for by section 291.01,
when any of such bonds constitute, in whole or in part, any
inheritance or bequest, taken or received by any person or
corporation this subdivision shall not exempt the obligations or
their interest from any excise or other tax levied on income,
gross earnings, estates, inheritance, bequests, gifts,
transfers, sales, or other transactions, other than an ad
valorem property tax.
(9) Farm machinery manufactured prior to 1930, which is
used only for display purposes as a collectors item;
(10) The taxpayer shall be exempted with respect to, all
agricultural products, inventories, stocks of merchandise of all
sorts, all materials, parts and supplies, furniture and
equipment, manufacturers material, manufactured articles
including the inventories of manufacturers, wholesalers,
retailers and contractors; and the furnishings of a room or
apartment in a hotel, rooming house, tourist court, motel or
trailer camp, tools and machinery which by law are considered as
personal property, and the property described in section 272.03,
subdivision 1, clause (c), except personal property which is
part of an electric generating, transmission, or distribution
system or a pipeline system transporting or distributing water,
gas, or petroleum products or mains and pipes used in the
distribution of steam or hot or chilled water for heating or
cooling buildings and structures. Railroad docks and wharves
which are part of the operating property of a railroad company
as defined in section 270.80 are not exempt.
(11) Containers of a kind customarily in the possession of
the consumer during the consumption of commodities, the sale of
which are subject to tax under the provisions of the excise tax
imposed by Extra Session Laws 1967, chapter 32;
(12) All livestock, poultry, all horses, mules and other
animals used exclusively for agricultural purposes;
(13) All agricultural tools, implements and machinery used
by the owners in any agricultural pursuit.
(14) Real and personal property used primarily for the
abatement and control of air, water, or land pollution to the
extent that it is so used, other than real property used
primarily as a solid waste disposal site.
Any taxpayer requesting exemption of all or a portion of
any equipment or device, or part thereof, operated primarily for
the control or abatement of air or water pollution shall file an
application with the commissioner of revenue. Any such
equipment or device shall meet standards, regulations or
criteria prescribed by the Minnesota Pollution Control Agency,
and must be installed or operated in accordance with a permit or
order issued by that agency. The Minnesota Pollution Control
Agency shall upon request of the commissioner furnish
information or advice to the commissioner. If the commissioner
determines that property qualifies for exemption, he shall issue
an order exempting such property from taxation. Any such
equipment or device shall continue to be exempt from taxation as
long as the permit issued by the Minnesota Pollution Control
Agency remains in effect.
(15) Wetlands. For purposes of this subdivision,
"wetlands" means land which is mostly under water, produces
little if any income, and has no use except for wildlife or
water conservation purposes. "Wetlands" shall be land preserved
in its natural condition, drainage of which would be feasible
and practical and would provide land suitable for the production
of livestock, dairy animals, poultry, fruit, vegetables, forage
and grains, except wild rice. "Wetlands" shall include adjacent
land which is not suitable for agricultural purposes due to the
presence of the wetlands. Exemption of wetlands from taxation
pursuant to this section shall not grant the public any
additional or greater right of access to the wetlands or
diminish any right of ownership to the wetlands.
(16) Native prairie. The commissioner of the department of
natural resources shall determine lands in the state which are
native prairie and shall notify the county assessor of each
county in which the lands are located. Pasture land used for
livestock grazing purposes shall not be considered native
prairie for the purposes of this clause and section 273.116.
Upon receipt of an application for the exemption and credit
provided in this clause and section 273.116 for lands for which
the assessor has no determination from the commissioner of
natural resources, the assessor shall refer the application to
the commissioner of natural resources who shall determine within
30 days whether the land is native prairie and notify the county
assessor of his decision. Exemption of native prairie pursuant
to this clause shall not grant the public any additional or
greater right of access to the native prairie or diminish any
right of ownership to it.
(17) Property used in a continuous program to provide
emergency shelter for victims of domestic abuse, provided the
organization that owns and sponsors the shelter is exempt from
federal income taxation pursuant to section 501(c)(3) of the
Internal Revenue Code of 1954, as amended through December 31,
1980, notwithstanding the fact that the sponsoring organization
receives funding under section 8 of the United States Housing
Act of 1937, as amended.
(18) If approved by the governing body of the municipality
in which the property is located, property not exceeding one
acre which is owned and operated by any senior citizen group or
association of groups that in general limits membership to
persons age 55 or older and is organized and operated
exclusively for pleasure, recreation, and other nonprofit
purposes, no part of the net earnings of which inures to the
benefit of any private shareholders; provided the property is
used primarily as a clubhouse, meeting facility or recreational
facility by the group or association and the property is not
used for residential purposes on either a temporary or permanent
basis.
(19) To the extent provided by section 295.44, real and
personal property used or to be used primarily for the
production of hydroelectric or hydromechanical power on a site
owned by the state or a local governmental unit which is
developed and operated pursuant to the provisions of section
105.482, subdivisions 1, 8 and 9.
Sec. 11. Minnesota Statutes 1982, section 362A.07, is
amended to read:
362A.07 [STATE AND COUNTY NOT LIABLE ON BONDS.]
The bonds and other obligations of an authority shall not
be the debt of the state of Minnesota or of any county or
political subdivision. Interest paid on bonds or notes issued
pursuant to sections 362A.01 to 362A.08 shall not be included in
gross income for the purpose of computing any tax imposed by
chapter 290, or any act amendatory thereof or supplemental
thereto.
Sec. 12. Minnesota Statutes 1982, section 447.35, is
amended to read:
447.35 [BONDS.]
Each hospital district may borrow money by the issuance of
its general obligation bonds for the acquisition and betterment
of hospital and nursing home facilities (including, but without
limitation, the provision of an adequate working capital for a
new hospital or nursing home), for ambulances and related
equipment, for refunding its outstanding bonds, and for funding
valid outstanding orders, by the procedure and subject to all of
the limitations and conditions set forth in chapter 475, and any
future laws amending or supplementing the same, for the issuance
of bonds by municipalities. Except for revenue bonds issued
pursuant to sections 447.45 through 447.50, no bonds of a
hospital district shall be deemed to be excluded from its net
debt by virtue of the provisions of section 475.51, subdivision
4(5). Except as may be authorized by special law, the taxes
initially levied by any district in accordance with section
475.61, for the payment of its bonds, upon property within each
municipality included in the hospital district, shall be
included in computing the limitations upon the levy of such
municipality under section 275.11, as the case may be; but
nothing herein shall limit the taxes required by section 475.74,
to be levied by the district for payment of any deficiency in
its bond sinking funds. If the tax required by section 475.61
to be levied for any year of the term of a bond issue upon
property within any municipality included in the district would,
when added to the taxes levied by such municipality for all
purposes in the year preceding such issue, exceed the
limitations prescribed in section 275.11, the bonds shall not be
issued without the consent by resolution of the governing body
of such municipality. An election shall be required prior to
the issuance of any but funding or refunding bonds. The
proposition submitted at any such election shall be whether the
hospital board shall be authorized to issue bonds of the
district in a specified maximum amount, for the purpose of
financing the acquisition and betterment of hospital and nursing
home facilities, or of facilities of one of said types if it is
not proposed to use the bond proceeds for facilities of the
other type. Bonds issued by a hospital district shall not
constitute indebtedness for any purpose of any county, city, or
town whose territory is included therein. The interest on such
bonds shall be exempt from taxation by the state or any of its
political subdivisions.
Sec. 13. Minnesota Statutes 1982, section 447.49, is
amended to read:
447.49 [MISCELLANEOUS PROVISIONS.]
All bonds issued pursuant to sections 447.45 to 447.50
shall be issued and sold as provided in chapter 475, but if the
bonds do not pledge the credit of the county, city or hospital
district as provided in section 447.48, the governing body may
negotiate their sale without advertisement for bids. They shall
not be included in the net debt of any municipality included
therein, and shall not be subject to interest rate limitations,
as defined or referred to in sections 475.51 and 475.55. The
bonds and interest thereon shall be exempt from taxation by the
state or any of its political subdivisions.
Sec. 14. Minnesota Statutes 1982, section 458.193,
subdivision 6, is amended to read:
Subd. 6. Bonds legally issued pursuant to Laws 1957,
Chapter 812 chapter 458, shall be deemed authorized as
securities within the provisions of Minnesota Statutes, section
50.14, and shall be proper for the investment therein by any
savings bank or trust company, insurance company, or sinking
funds held by any public or municipal corporation, and may be
pledged by any bank or trust company as security for the deposit
of public moneys therein in lieu of surety bonds. Such The
bonds shall be deemed and treated as instrumentalities of a
public governmental agency and, as such, exempt from taxation.
Sec. 15. Minnesota Statutes 1982, section 458A.05,
subdivision 6, is amended to read:
Subd. 6. [TAX EXEMPT OBLIGATIONS OF GOVERNMENTAL AGENCY.]
Revenue bonds of the commission shall be deemed and treated as
instrumentalities and obligations of a public government agency
and as such, together with interest thereon, exempt from
taxation.
Sec. 16. Minnesota Statutes 1982, section 458A.09, is
amended to read:
458A.09 [EXEMPTION FROM TAXATION.]
Notwithstanding any other provision of law to the contrary,
the properties, moneys, and other assets of the commission, and
all revenues or other income of the commission, and all bonds,
certificates of indebtedness, or other obligations issued by the
commission, and the interest thereon, shall be exempt from all
taxation, licenses, fees, or charges of any kind imposed by the
state or by any county, municipality, political subdivision,
taxing district, or other public agency or body of the state.
Sec. 17. Minnesota Statutes 1982, section 462.651,
subdivision 3, is amended to read:
Subd. 3. [OBLIGATIONS AND DIVIDENDS OF REDEVELOPMENT
COMPANY EXEMPT FROM TAXATION.] Bonds and mortgages and the
income debenture certificates of all redevelopment companies are
declared to be instrumentalities of the state, and issued for
public purposes, and shall, together with interest thereon, be
exempt from taxation. The dividends on the stock of those
companies shall be exempt from taxation by the state.
Sec. 18. Minnesota Statutes 1982, section 462.551, is
amended to read:
462.551 [BOND ISSUE FOR CORPORATE PURPOSES.]
An authority shall have power to issue bonds for any of its
corporate purposes. Such bonds may be such type as it
determines, including, but not limited to, bonds on which the
principal and interest are payable exclusively from the income
and revenues of the project financed with the proceeds of such
bonds, or exclusively from the income and revenues of certain
designated projects, whether or not they are financed in whole
or in part with the proceeds of such bonds. Any such bonds may
be additionally secured by a pledge of any grant or
contributions from the federal government or other source, or a
pledge of any income or revenues of the authority, from the
project for which the proceeds of the bonds are to be used, or a
mortgage of any project, projects, or other property of the
authority. No proceeds of bonds issued for or revenue
authorized for or derived from any redevelopment project or area
shall be used to pay the bonds or costs of, or make
contributions or loans to, any public housing project. Further,
the proceeds of bonds issued for or revenues authorized for or
derived from any one public housing project shall not be used to
pay the bonds or costs of, or make contributions or loans to any
other public housing project until the bonds and costs of the
public housing project for which those bonds were issued or from
which those revenues were derived or for which they were
authorized shall be fully paid. Neither the commissioners of an
authority nor any person executing the bonds shall be liable
personally on the bonds by reason of the issuance thereof. The
bonds and other obligations of an authority (and such bonds and
obligations shall so state on their face) shall not be a debt of
the municipality, the state or any political subdivision
thereof, and neither the municipality nor the state or any
political subdivision thereof shall be liable thereon, nor in
any event shall such bonds or obligations be payable out of any
funds or properties other than those of said authority. The
bonds shall not constitute an indebtedness within the meaning of
any constitutional or statutory debt limitation or restriction.
Bonds of an authority are declared to be issued for an essential
public and governmental purpose and to be public
instrumentalities and, together with interest thereon and income
therefrom, shall be exempt from taxes. The provisions of this
act exempting from taxation authorities, their properties and
their bonds and interest thereon and income therefrom, shall be
considered additional security for the repayment of bonds and
shall constitute, by virtue of this act and without the
necessity of the same being restated in said the bonds, a
contract between the bondholders and each and every one thereof,
including all transferees of said the bonds from time to time on
the one hand and the respective authorities issuing said the
bonds and the state on the other. An authority may by covenant
confer upon the holder of such bonds such rights and remedies as
it deems necessary or advisable, including but not limited to
the right in the event of default to have a receiver appointed
to take possession of and operate the project; provided,
however, that when the obligations issued by an authority to
assist in financing the development of a project have been
retired and federal contributions have been discontinued, then
the exemptions from taxes and special assessments for that
project shall terminate.
Sec. 19. Minnesota Statutes 1982, section 462A.19,
subdivision 1, is amended to read:
Subdivision 1. The property of the agency and its income
and operation shall be exempt from all taxation by the state or
any of its political subdivisions and all bonds and notes of the
agency shall be exempt from all taxation by the state or any of
its political subdivisions.
Sec. 20. Minnesota Statutes 1982, section 472.09,
subdivision 4, is amended to read:
Subd. 4. The bonds of a redevelopment agency are declared
to be issued for an essential public and governmental purpose
and to be public instrumentalities and, together with interest
thereon and income therefrom, shall be exempt from taxes. The
provisions of these sections exempting from taxation
redevelopment agencies, their properties and their bonds and
interest thereon and income therefrom, shall be considered
additional security for the repayment of bonds and shall
constitute, by virtue of this section and without the necessity
of the same being restated in said the bonds, a contract between
the bondholders and each and every one thereof, including all
transferees of said the bonds from time to time on the one hand
and the redevelopment agencies issuing said the bonds on the
other. A redevelopment agency may by covenant confer upon the
holder of such bonds such rights and remedies as it deems
necessary or advisable, including but not limited to, the right
in the event of default to have a receiver appointed to take
possession of and operate the redevelopment project.
Sec. 21. Minnesota Statutes 1982, section 473.436,
subdivision 3, is amended to read:
Subd. 3. [TAX EXEMPT.] Certificates of indebtedness,
bonds, or other obligations of the commission shall be deemed
and treated as instrumentalities of a public government agency
and as such, together with interest thereon, exempt from
taxation.
Sec. 22. Minnesota Statutes 1982, section 473.448, is
amended to read:
473.448 [COMMISSION; EXEMPTION FROM TAXATION.]
Notwithstanding any other provision of law to the contrary,
the properties, moneys, and other assets of the commission, all
revenues or other income of the commission, and all bonds,
certificates of indebtedness, or other obligations issued by the
commission, and the interest thereon, shall be exempt from all
taxation, licenses, fees, or charges of any kind imposed by the
state or by any county, municipality, political subdivision,
taxing district, or other public agency or body of the state.
Sec. 23. Minnesota Statutes 1982, section 473.545, is
amended to read:
473.545 [PROPERTY EXEMPT FROM TAXATION.]
Any properties, real or personal, owned, leased,
controlled, used, or occupied by the waste control commission
for any purpose referred to in section 473.502 are declared to
be acquired, owned, leased, controlled, used and occupied for
public, governmental, and municipal purposes, and shall be
exempt from taxation by the state or any political subdivision
of the state, provided that such properties shall be subject to
special assessments levied by a political subdivision for a
local improvement in amounts proportionate to and not exceeding
the special benefit received by the properties from such
improvement. No possible use of any such properties in any
manner different from their use as part of the metropolitan
disposal system at the time shall be considered in determining
the special benefit received by such properties. All such
assessments shall be subject to final confirmation by the
metropolitan council, whose determination of the benefits shall
be conclusive upon the political subdivision levying the
assessment. All bonds, certificates of indebtedness or other
obligations of the council, and the interest thereon, shall be
exempt from taxation by the state or any political subdivision
of the state.
Sec. 24. Minnesota Statutes 1982, section 473.666, is
amended to read:
473.666 [BONDS, LEGAL INVESTMENTS FOR PUBLIC FUNDS.]
Bonds legally issued pursuant to sections 473.601 to
473.679 or acts amendatory thereof or supplemental thereto, may
be purchased by the state board of investment for the permanent
school fund, permanent university fund, swamp land fund,
internal improvement land funds, or any other trust fund of the
state of Minnesota, or for any other fund administered by such
board, and shall be deemed authorized securities within the
provisions of section 50.14, and shall be proper for the
investment of capital, surplus, or deposits of any savings bank
or trust company, and for the investment of funds of any
insurance company, and for the investment of any sinking funds
held by any public or municipal corporation, and may be pledged
by any bank or trust company as security for the deposit of
public moneys therein in lieu of surety bonds. Such The bonds
shall be deemed and treated as instrumentalities of a public
government agency, and as such shall be exempt from taxation.
Sec. 25. [REPEALER.]
(a) Minnesota Statutes 1982, sections 116J.89, subdivision
7; and 462A.19, subdivision 2, are repealed.
(b) Minnesota Statutes 1982, section 474.12, is repealed.
Sec. 26. [EFFECTIVE DATE.]
Sections 10 and 25, clause (a), are effective the day after
final enactment. The remainder of this act is effective for
income earned after July 1, 1983 in taxable years beginning
after December 31, 1982.
Approved May 20, 1983
Official Publication of the State of Minnesota
Revisor of Statutes