{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-216.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-216.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-216.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-216.1.html"}],"law_id":72905,"edition_id":1,"section_id":72905,"structure_id":13206,"section_number":"62.1-216.1","catch_line":"Investigation by Governor of nonpayments; withholding state funds from nonpaying locality; payment of funds withheld; receipts, reports, etc","history":"1998, c. 399; 2003, c. 561; 2011, c. 616.","full_text":"Whenever it appears to the Governor from an affidavit filed with him by the Authority as the purchaser, holder, or credit enhancer of local obligations (regardless of the security therefor) issued by any county, city or town that a payment has not been made on any local obligations, the Governor shall immediately make a summary investigation into the facts set forth in the affidavit. The Authority may, but shall not be required to, file such an affidavit unless the Authority has otherwise contracted to make such filing for the benefit of the holders of any of its bonds or the local obligations credit enhanced by it. The affidavit described in this section may be filed by a trustee to which the Authority has assigned the local obligations or the payment thereon as security for bonds of the Authority under a resolution or trust indenture or otherwise.\n\t\tIf it is established to the satisfaction of the Governor that such nonpayment has occurred, the Governor shall immediately make an order directing the Comptroller to withhold all further payment to the county, city or town of all funds, or of any part of them, appropriated and payable by the Commonwealth to the county, city or town for any and all purposes, until the unpaid sum is obtained. The Governor shall, while the nonpayment continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of them as is necessary, to the Authority, so as to cure, or cure insofar as possible, nonpayment on the local obligations.\n\t\tThe Governor shall, as soon as practicable, give notice of the nonpayment and of the availability of funds with the Comptroller in writing to the Authority. Any payment so made by the Comptroller to the Authority shall be credited as if made directly by the county, city or town and shall be charged by the Comptroller against the first appropriations otherwise payable to the county, city or town as if paid to the county, city or town. The Authority, at the time of payment or at the time of each payment shall receipt for the payment and deliver to the Comptroller all local obligations or other instruments or documents, in a form satisfactory to the Comptroller, evidencing the Authority’s right to receive the amounts satisfied by the payment. The Comptroller shall report each payment made to the governing body of the nonpaying county, city or town and deliver or send by registered mail to the governing body all local obligations, or other instruments or documents received by the Comptroller under the provisions of this section.\n\t\tNothing in this section shall be construed to create any obligation on the part of the Comptroller or the Commonwealth to make any payment on behalf of the nonpaying county, city or town other than from funds appropriated and payable to the nonpaying county, city or town.","order_by":null,"text":{"0":{"id":262648,"text":"Whenever it appears to the Governor from an affidavit filed with him by the Authority as the purchaser, holder, or credit enhancer of local obligations (regardless of the security therefor) issued by any county, city or town that a payment has not been made on any local obligations, the Governor shall immediately make a summary investigation into the facts set forth in the affidavit. The Authority may, but shall not be required to, file such an affidavit unless the Authority has otherwise contracted to make such filing for the benefit of the holders of any of its bonds or the local obligations credit enhanced by it. The affidavit described in this section may be filed by a trustee to which the Authority has assigned the local obligations or the payment thereon as security for bonds of the Authority under a resolution or trust indenture or otherwise.\n\t\tIf it is established to the satisfaction of the Governor that such nonpayment has occurred, the Governor shall immediately make an order directing the Comptroller to withhold all further payment to the county, city or town of all funds, or of any part of them, appropriated and payable by the Commonwealth to the county, city or town for any and all purposes, until the unpaid sum is obtained. The Governor shall, while the nonpayment continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of them as is necessary, to the Authority, so as to cure, or cure insofar as possible, nonpayment on the local obligations.\n\t\tThe Governor shall, as soon as practicable, give notice of the nonpayment and of the availability of funds with the Comptroller in writing to the Authority. Any payment so made by the Comptroller to the Authority shall be credited as if made directly by the county, city or town and shall be charged by the Comptroller against the first appropriations otherwise payable to the county, city or town as if paid to the county, city or town. The Authority, at the time of payment or at the time of each payment shall receipt for the payment and deliver to the Comptroller all local obligations or other instruments or documents, in a form satisfactory to the Comptroller, evidencing the Authority’s right to receive the amounts satisfied by the payment. The Comptroller shall report each payment made to the governing body of the nonpaying county, city or town and deliver or send by registered mail to the governing body all local obligations, or other instruments or documents received by the Comptroller under the provisions of this section.\n\t\tNothing in this section shall be construed to create any obligation on the part of the Comptroller or the Commonwealth to make any payment on behalf of the nonpaying county, city or town other than from funds appropriated and payable to the nonpaying county, city or town.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13206,"edition_id":1,"name":"Virginia Resources Authority","identifier":"21","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":268673,"object_type":"structure","relational_id":13206,"identifier":"21","token":"62.1\/21","url":"\/62.1\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85141,"structure_id":13206,"section_number":"62.1-197","catch_line":"Short title","url":"\/62.1-197\/","token":"62.1\/21\/62.1-197","metadata":false},{"id":64219,"structure_id":13206,"section_number":"62.1-198","catch_line":"Legislative findings and purposes","url":"\/62.1-198\/","token":"62.1\/21\/62.1-198","metadata":false},{"id":80022,"structure_id":13206,"section_number":"62.1-199","catch_line":"Definitions","url":"\/62.1-199\/","token":"62.1\/21\/62.1-199","metadata":false},{"id":75414,"structure_id":13206,"section_number":"62.1-200","catch_line":"Creation of Authority","url":"\/62.1-200\/","token":"62.1\/21\/62.1-200","metadata":false},{"id":54824,"structure_id":13206,"section_number":"62.1-201","catch_line":"Board of Directors","url":"\/62.1-201\/","token":"62.1\/21\/62.1-201","metadata":false},{"id":73267,"structure_id":13206,"section_number":"62.1-202","catch_line":"Appointment and duties of Executive Director","url":"\/62.1-202\/","token":"62.1\/21\/62.1-202","metadata":false},{"id":85528,"structure_id":13206,"section_number":"62.1-203","catch_line":"Powers of Authority","url":"\/62.1-203\/","token":"62.1\/21\/62.1-203","metadata":false},{"id":66055,"structure_id":13206,"section_number":"62.1-204","catch_line":"Power to borrow money and issue bonds and credit enhancements","url":"\/62.1-204\/","token":"62.1\/21\/62.1-204","metadata":false},{"id":74781,"structure_id":13206,"section_number":"62.1-205","catch_line":"Power to issue refunding bonds","url":"\/62.1-205\/","token":"62.1\/21\/62.1-205","metadata":false},{"id":71517,"structure_id":13206,"section_number":"62.1-206","catch_line":"Sources of payment and security for bonds and credit enhancements","url":"\/62.1-206\/","token":"62.1\/21\/62.1-206","metadata":false},{"id":69549,"structure_id":13206,"section_number":"62.1-207","catch_line":"Liability of Commonwealth, political subdivisions and members of board of directors","url":"\/62.1-207\/","token":"62.1\/21\/62.1-207","metadata":false},{"id":72376,"structure_id":13206,"section_number":"62.1-208","catch_line":"Authorization, content and sale of bonds and credit 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officers","url":"\/62.1-213\/","token":"62.1\/21\/62.1-213","metadata":false},{"id":64195,"structure_id":13206,"section_number":"62.1-214","catch_line":"Bondholder protection","url":"\/62.1-214\/","token":"62.1\/21\/62.1-214","metadata":false},{"id":72224,"structure_id":13206,"section_number":"62.1-215","catch_line":"Establishment of capital reserve funds","url":"\/62.1-215\/","token":"62.1\/21\/62.1-215","metadata":false},{"id":78168,"structure_id":13206,"section_number":"62.1-216","catch_line":"Purchase and credit enhancements of local obligations","url":"\/62.1-216\/","token":"62.1\/21\/62.1-216","metadata":false},{"id":72905,"structure_id":13206,"section_number":"62.1-216.1","catch_line":"Investigation by Governor of nonpayments; withholding state funds from nonpaying locality; payment of funds withheld; receipts, reports, etc","url":"\/62.1-216.1\/","token":"62.1\/21\/62.1-216.1","metadata":false},{"id":71594,"structure_id":13206,"section_number":"62.1-217","catch_line":"Grants from Commonwealth","url":"\/62.1-217\/","token":"62.1\/21\/62.1-217","metadata":false},{"id":61493,"structure_id":13206,"section_number":"62.1-218","catch_line":"Grants to local governments","url":"\/62.1-218\/","token":"62.1\/21\/62.1-218","metadata":false},{"id":70080,"structure_id":13206,"section_number":"62.1-219","catch_line":"Exemption from taxation","url":"\/62.1-219\/","token":"62.1\/21\/62.1-219","metadata":false},{"id":63260,"structure_id":13206,"section_number":"62.1-220","catch_line":"Bonds as legal investments and securities","url":"\/62.1-220\/","token":"62.1\/21\/62.1-220","metadata":false},{"id":54215,"structure_id":13206,"section_number":"62.1-221","catch_line":"Deposit of money; expenditures; security for deposits","url":"\/62.1-221\/","token":"62.1\/21\/62.1-221","metadata":false},{"id":84057,"structure_id":13206,"section_number":"62.1-222","catch_line":"Annual reports; audit","url":"\/62.1-222\/","token":"62.1\/21\/62.1-222","metadata":false},{"id":74970,"structure_id":13206,"section_number":"62.1-223","catch_line":"Liberal construction of chapter","url":"\/62.1-223\/","token":"62.1\/21\/62.1-223","metadata":false}],"previous_section":{"id":78168,"structure_id":13206,"section_number":"62.1-216","catch_line":"Purchase and credit enhancements of local obligations","url":"\/62.1-216\/","token":"62.1\/21\/62.1-216","metadata":false},"next_section":{"id":71594,"structure_id":13206,"section_number":"62.1-217","catch_line":"Grants from Commonwealth","url":"\/62.1-217\/","token":"62.1\/21\/62.1-217","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-216.1\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapter 399<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2003, chapter 561<\/a>; in 2011, chapter 616<\/a>.<\/p>","references":[{"id":73995,"section_number":"10.1-1237","catch_line":"Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund established; uses","order_by":null,"url":"\/10.1-1237\/"},{"id":81747,"section_number":"10.1-603.18:2","catch_line":"Collection of money due Fund","order_by":null,"url":"\/10.1-603.18_2\/"},{"id":86471,"section_number":"10.1-603.19","catch_line":"Purposes for which Fund is to be used; Authority to set terms and conditions of loans","order_by":null,"url":"\/10.1-603.19\/"},{"id":80558,"section_number":"3.2-3115","catch_line":"Collection of money due the Fund","order_by":null,"url":"\/3.2-3115\/"},{"id":76096,"section_number":"36-156.2","catch_line":"Virginia Defective Drywall Correction and Restoration Assistance Fund established; uses","order_by":null,"url":"\/36-156.2\/"},{"id":85528,"section_number":"62.1-203","catch_line":"Powers of Authority","order_by":null,"url":"\/62.1-203\/"},{"id":58282,"section_number":"62.1-209","catch_line":"Provisions of resolution or trust indenture authorizing issuance of bonds","order_by":null,"url":"\/62.1-209\/"}],"refers_to":false,"permalink":{"id":268755,"object_type":"law","relational_id":72905,"identifier":"62.1-216.1","token":"62.1\/21\/62.1-216.1","url":"\/62.1-216.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-216.1\/","token":"62.1\/21\/62.1-216.1","dublin_core":{"Title":"Investigation by Governor of nonpayments; withholding state funds from nonpaying locality; payment of funds withheld; receipts, reports, etc","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-216.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Whenever it appears to the Governor from an affidavit<\/span> filed with him by the Authority<\/span> as the purchaser, holder, or credit enhancer of local obligations<\/span> (regardless of the security therefor) issued by any county, city or town that a payment has not been made on any local obligations<\/span>, the Governor shall immediately make a summary investigation into the facts<\/span> set forth in the affidavit<\/span>. The Authority<\/span> may, but shall not be required to, file such an affidavit<\/span> unless the Authority<\/span> has otherwise contracted to make such filing for the benefit of the holders of any of its bonds<\/span><\/span> or the local obligations<\/span> credit enhanced by it. The affidavit<\/span> described in this section may be filed by a trustee to which the Authority<\/span> has assigned the local obligations<\/span> or the payment thereon as security for bonds<\/span><\/span> of the Authority<\/span> under a resolution or trust indenture or otherwise.\n\t\tIf it is established to the satisfaction of the Governor that such nonpayment has occurred, the Governor shall immediately make an order<\/span> directing the Comptroller to withhold all further payment to the county, city or town of all funds, or of any part of them, appropriated and payable by the Commonwealth to the county, city or town for any and all purposes, until the unpaid sum is obtained. The Governor shall, while the nonpayment continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of them as is necessary, to the Authority<\/span>, so as to cure, or cure insofar as possible, nonpayment on the local obligations<\/span>.\n\t\tThe Governor shall, as soon as practicable, give notice of the nonpayment and of the availability of funds with the Comptroller in writing to the Authority<\/span>. Any payment so made by the Comptroller to the Authority<\/span> shall be credited as if made directly by the county, city or town and shall be charged by the Comptroller against the first appropriations otherwise payable to the county, city or town as if paid to the county, city or town. The Authority<\/span>, at the time of payment or at the time of each payment shall receipt for the payment and deliver to the Comptroller all local obligations<\/span> or other instruments or documents, in a form satisfactory to the Comptroller, evidencing the Authority<\/span>’s right to receive the amounts satisfied by the payment. The Comptroller shall report each payment made to the governing body of the nonpaying county, city or town and deliver or send by registered mail to the governing body all local obligations<\/span>, or other instruments or documents received by the Comptroller under the provisions of this section.\n\t\tNothing in this section shall be construed to create any obligation on the part of the Comptroller or the Commonwealth to make any payment on behalf of the nonpaying county, city or town other than from funds appropriated and payable to the nonpaying county, city or town.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINVESTIGATION BY GOVERNOR OF NONPAYMENTS; WITHHOLDING STATE FUNDS FROM NONPAYING\nLOCALITY; PAYMENT OF FUNDS WITHHELD; RECEIPTS, REPORTS, ETC (\u00a7 62.1-216.1)\n\nWhenever it appears to the Governor from an affidavit filed with him by the\nAuthority as the purchaser, holder, or credit enhancer of local obligations\n(regardless of the security therefor) issued by any county, city or town that a\npayment has not been made on any local obligations, the Governor shall\nimmediately make a summary investigation into the facts set forth in the\naffidavit. The Authority may, but shall not be required to, file such an\naffidavit unless the Authority has otherwise contracted to make such filing for\nthe benefit of the holders of any of its bonds or the local obligations credit\nenhanced by it. The affidavit described in this section may be filed by a\ntrustee to which the Authority has assigned the local obligations or the payment\nthereon as security for bonds of the Authority under a resolution or trust\nindenture or otherwise.\n\t\tIf it is established to the satisfaction of the Governor that such nonpayment\nhas occurred, the Governor shall immediately make an order directing the\nComptroller to withhold all further payment to the county, city or town of all\nfunds, or of any part of them, appropriated and payable by the Commonwealth to\nthe county, city or town for any and all purposes, until the unpaid sum is\nobtained. The Governor shall, while the nonpayment continues, direct in writing\nthe payment of all sums withheld by the Comptroller, or as much of them as is\nnecessary, to the Authority, so as to cure, or cure insofar as possible,\nnonpayment on the local obligations.\n\t\tThe Governor shall, as soon as practicable, give notice of the nonpayment and\nof the availability of funds with the Comptroller in writing to the Authority.\nAny payment so made by the Comptroller to the Authority shall be credited as if\nmade directly by the county, city or town and shall be charged by the\nComptroller against the first appropriations otherwise payable to the county,\ncity or town as if paid to the county, city or town. The Authority, at the time\nof payment or at the time of each payment shall receipt for the payment and\ndeliver to the Comptroller all local obligations or other instruments or\ndocuments, in a form satisfactory to the Comptroller, evidencing the\nAuthority’s right to receive the amounts satisfied by the payment. The\nComptroller shall report each payment made to the governing body of the\nnonpaying county, city or town and deliver or send by registered mail to the\ngoverning body all local obligations, or other instruments or documents received\nby the Comptroller under the provisions of this section.\n\t\tNothing in this section shall be construed to create any obligation on the\npart of the Comptroller or the Commonwealth to make any payment on behalf of the\nnonpaying county, city or town other than from funds appropriated and payable to\nthe nonpaying county, city or town.\n\nHISTORY: 1998, c. 399; 2003, c. 561; 2011, c. 616.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}