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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>72905</law_id><section_number>62.1-216.1</section_number><catch_line>Investigation by Governor of nonpayments; withholding state funds from nonpaying locality; payment of funds withheld; receipts, reports, etc</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>10.1-603.19</reference><reference>3.2-3115</reference><reference>36-156.2</reference><reference>62.1-203</reference><reference>62.1-209</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="62.1">Waters of the State, Ports and Harbors</unit><unit label="chapter" level="2" order_by="1" identifier="21">Virginia Resources Authority</unit></structure><text>
						<section><p>Whenever it appears to the Governor from an <span class="dictionary">affidavit</span> filed with him by the <span class="dictionary">Authority</span> as the purchaser, holder, or credit enhancer of <span class="dictionary">local obligations</span> (regardless of the security therefor) issued by any county, city or town that a payment has not been made on any <span class="dictionary">local obligations</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>. The <span class="dictionary">Authority</span> may, but shall not be required to, file such an <span class="dictionary">affidavit</span> unless the <span class="dictionary">Authority</span> has otherwise contracted to make such filing for the benefit of the holders of any of its <span class="dictionary"><span class="dictionary">bonds</span></span> or the <span class="dictionary">local obligations</span> credit enhanced by it. The <span class="dictionary">affidavit</span> described in this section may be filed by a trustee to which the <span class="dictionary">Authority</span> has assigned the <span class="dictionary">local obligations</span> or the payment thereon as security for <span class="dictionary"><span class="dictionary">bonds</span></span> of the <span class="dictionary">Authority</span> under a resolution or trust indenture or otherwise.
		If it is established to the satisfaction of the Governor that such nonpayment has occurred, the Governor shall immediately make an <span class="dictionary">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 <span class="dictionary">Authority</span>, so as to cure, or cure insofar as possible, nonpayment on the <span class="dictionary">local obligations</span>.
		The Governor shall, as soon as practicable, give notice of the nonpayment and of the availability of funds with the Comptroller in writing to the <span class="dictionary">Authority</span>. Any payment so made by the Comptroller to the <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">local obligations</span> or other instruments or documents, in a form satisfactory to the Comptroller, evidencing the <span class="dictionary">Authority</span>&#x2019;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 <span class="dictionary">local obligations</span>, or other instruments or documents received by the Comptroller under the provisions of this section.
		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 nonpaying county, city or town other than from funds appropriated and payable to the nonpaying county, city or town.</p></section></text><history>1998, c. 399; 2003, c. 561; 2011, c. 616.</history><metadata></metadata></law>
