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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>63891</law_id><section_number>2.2-2418</section_number><catch_line>Use of bond anticipation notes by the Treasury Board</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="2.2">Administration of Government</unit><unit label="subtitle" level="2" order_by="1" identifier="I">Organization of State Government</unit><unit label="part" level="3" order_by="1" identifier="D">State Authorities, Boards, Commissions, Councils, Foundations and Other Collegial Bodies</unit><unit label="chapter" level="4" order_by="1" identifier="24">Boards</unit><unit label="article" level="5" order_by="1" identifier="8">Treasury Board</unit></structure><text>
						<section><p>Whenever the General Assembly has enacted legislation pursuant to Article X, Section 9 (b), (c), or (d) of the Constitution of Virginia authorizing the issuance of <span class="dictionary">bonds</span> for capital projects of the Commonwealth or any <span class="dictionary">state agency</span>, institution, board, or authority (a &#x201C;state instrumentality&#x201D;) where debt service payments on the <span class="dictionary">bonds</span> are expected to be made in whole or in part from appropriations of the Commonwealth, the Board, with the consent of the Governor, may borrow money in anticipation of the issuance of the <span class="dictionary">bonds</span> to provide funds, with any other available funds, to pay the costs of acquiring, constructing, renovating, enlarging, improving, and equipping any one or more of the capital projects for which such <span class="dictionary">bonds</span> have been authorized. Any such borrowing shall be evidenced by notes of the Commonwealth that shall be in such form, shall be executed in such manner, shall bear interest at such rates, either at fixed rates or at rates established by formula or other method, and may contain such other provisions, all as the Board, or the State Treasurer when authorized by the Board, may determine. Such notes may bear interest at a rate subject to inclusion in gross income for federal income tax purposes as determined by the Board, with the consent of the Governor. Such notes may be made payable from the proceeds of the <span class="dictionary">bonds</span>, other notes, or other sources of funds authorized by the General Assembly. The proceeds of the notes, to the extent not required to pay the principal or interest on maturing notes, or expenses associated therewith, shall be paid or otherwise made available to the Commonwealth or appropriate state instrumentality to pay the costs of such capital projects. However, the undertaking and obligation of (i) the Board to make such note proceeds available to the state instrumentality and (ii) the state instrumentality to pay or provide for the payment of the interest and principal coming due on the notes and to <span class="dictionary">issue</span> its own <span class="dictionary">bonds</span> or otherwise retire the notes within five years of the date of their initial issuance shall be set forth in a written agreement between the Board and the state instrumentality. No such notes shall be issued by the Board for or on behalf of a state instrumentality unless the Board first determines that such written agreement provides reasonable assurance of the full and timely payment of the debt service on the notes.
		No <span class="dictionary">law</span> authorizing the issuance of <span class="dictionary">bonds</span> and notes for which <span class="dictionary">bond</span> anticipation notes have been issued by the Board shall be repealed or otherwise vitiated without first providing for the payment of the related <span class="dictionary">bond</span> anticipation notes of the Board.</p></section></text><history>1991, c. 554, &#xA7; 2.1-179.3; 1996, cc. 636, 656; 2001, c. 844.</history><metadata></metadata></law>
