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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>78015</law_id><section_number>15.2-2659</section_number><catch_line>Investigation by Governor of alleged defaults; withholding state funds from defaulting locality; payment of funds withheld; receipts, reports, etc.; magisterial and school district defaults included</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>10.1-1237</reference><reference>10.1-603.18:2</reference><reference>10.1-603.32</reference><reference>15.2-2423</reference><reference>15.2-2434</reference><reference>22.1-161</reference><reference>22.1-167.2</reference><reference>22.1-168</reference><reference>29.1-101.4</reference><reference>3.2-3115</reference><reference>36-156.2</reference><reference>5.1-30.4</reference><reference>62.1-203</reference><reference>62.1-209</reference><reference>62.1-228</reference><reference>62.1-237</reference><reference>62.1-241.5</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="15.2">Counties, Cities and Towns</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Powers of Local Government</unit><unit label="chapter" level="3" order_by="1" identifier="26">Public Finance Act</unit><unit label="article" level="4" order_by="1" identifier="7">Miscellaneous</unit></structure><text>
						<section><p>Whenever it appears to the Governor from an <span class="dictionary">affidavit</span> filed with him by or on behalf of the owner or owners of any <span class="dictionary">general obligation bonds</span> of any <span class="dictionary">locality</span>, or by any paying agent for the bonds that the <span class="dictionary">locality</span> has defaulted in the payment of the principal of or premium, if any, or interest on any of its outstanding <span class="dictionary">general obligation bonds</span>, the Governor shall immediately make a summary investigation into the <span class="dictionary">facts</span> set forth in the <span class="dictionary">affidavit</span>.
		If it is established to the satisfaction of the Governor that the <span class="dictionary">locality</span> is in <span class="dictionary">default</span> in the payment of its bonds or the interest on them, the Governor shall immediately make an <span class="dictionary">order</span> directing the Comptroller to withhold all further payment to the <span class="dictionary">locality</span> of all funds, or of any part of them, appropriated and payable by the Commonwealth to the <span class="dictionary">locality</span> for any and all purposes, until the <span class="dictionary">default</span> is cured. The Governor shall, while the <span class="dictionary">default</span> continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of them as is necessary, to the owners of the bonds in <span class="dictionary">default</span>, or the paying agent for the bonds, so as to cure, or cure insofar as possible, the <span class="dictionary">default</span> as to the bonds or interest on them.
		The Governor shall, as soon as practicable, give notice of the <span class="dictionary">default</span> and of the availability of funds with the paying agent or with the Comptroller by publication one time in a daily newspaper of general circulation in the <span class="dictionary">City</span> of Richmond and in the case of registered bonds, by mail, to the registered owners of the bonds. The <span class="dictionary">cost</span> of the publication and mailing shall be a further charge against the funds in the hands of the Comptroller payable to the <span class="dictionary">locality</span>. Any payment so made by the Comptroller to the owners of the bonds in <span class="dictionary">default</span>, or to the paying agent for the bonds, shall be credited as if made directly by the <span class="dictionary">locality</span> and shall be charged by the Comptroller against the first appropriations otherwise payable to the <span class="dictionary">locality</span> as if paid to the <span class="dictionary">locality</span>. The owners of the bonds in <span class="dictionary">default</span>, or the paying agent for the bonds, at the time of payment or at the time of each payment shall receipt for the payment and deliver to the Comptroller all bonds and interest coupons or assignments, in a form satisfactory to the Comptroller, of the right to receive the principal or interest satisfied by the payment. The Comptroller shall report each payment made to the <span class="dictionary">governing body</span> of the defaulting <span class="dictionary">locality</span> and deliver or send by registered mail to the <span class="dictionary">governing body</span> all bonds, interest coupons, and assignments received by the Comptroller under the provisions of this section.
		If there is no paying agent for the bonds, the Comptroller shall hold for the benefit of the owners of the bonds in <span class="dictionary">default</span> who do not present their bonds, coupons or assignments for payment their pro rata share of the amounts so withheld and shall pay their share of such amounts when the bonds, coupons or assignments are presented.
		For the purpose of this section, bonds of any magisterial district or school district of any <span class="dictionary">county</span> shall be treated as bonds of the <span class="dictionary">county</span> in which the magisterial district or school district is located.
		Nothing 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 defaulting <span class="dictionary">locality</span> other than from funds appropriated and payable to the defaulting <span class="dictionary">locality</span>.</p></section></text><history>Code 1950, &#xA7; 15-666.66; 1958, c. 640; 1962, c. 623, &#xA7; 15.1-225; 1964, c. 46; 1971, Ex. Sess., c. 224; 1988, c. 210; 1991, c. 668, &#xA7; 15.1-227.61; 1997, c. 587.</history><metadata></metadata></law>
