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Historical: Virginia Attorney General opinion 17-023 — Peninsula Airport Commission loan guarantee

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Honorable Aubrey L. Layne, Jr. June 2, 2017 Page 4 The General Assembly has not enacted comparable language for the Commission. 15 Without that specific grant of authority, I must conclude that the Commission is not authorized to utilize public funds to insure and to guarantee loans to a private airline. 16 Conclusion For the foregoing reasons, it is my opinion that the action of the Peninsula Airport Commission in guaranteeing a bank loan to People Express Airlines is an extension of public credit within the ambit of the prohibition in the Credit Clause contained in article X, section 10 of the Constitution of Virginia. As such, it is permissible only if the General Assembly has specifically authorized the Commission to insure or guarantee such extensions of public credit under the exception to the Credit Clause. It is my further opinion that the General Assembly has not so authorized the Commission. With kindest regards, I am Sincerely yours, Mark R. Herring Attorney General Portsmouth Port Commission), as amended, has the independent power "[t]o provide financing by leasing, selling, which shall include selling by pocket deeds, or making loans for facilities for a§ 50l(c)(3) organization, including all items of cost for such facilities and for working capital for use by such § 50l(c)(3) organization, and to adopt such resolutions and to enter into indentures, contracts, instruments and agreements as may be expedient to issue qualified § 501 ( c )(3) bonds and to provide for such loans and any security therefor." Those powers are found at § 25(a) of their legislative authority. See http://law.lis.virginia.gov/authorities/portsmouth-port-and-industrial­ commission/. 15 The Commission is empowered to "do all things necessary or convenient to the purposes of this Act. Grant of regulatory authority by this Act, including regulations that displace, eliminate or limit competition by or among persons or entities, is based on the policy of the Commonwealth to provide for the safe, adequate, economical and efficient provision of air transportation and related facilities and services to the public." Peninsula Airport Commission Act, at§ 3(r) (1946 Va. Acts ch. 22; 1964 Va. Acts ch. 270; 1968 Va. Acts ch. 777; 1989 Va. Acts ch. 270). This language cannot reasonably be interpreted to authorize the Commission to guarantee private credit, since doing so is not one of "the purposes of [the] Act." Further, the General Assembly could easily have given the Commission the explicit power to guarantee private debt as it did for the Virginia Small Business Financing Authority, yet it chose not to do so. When interpreting legislation, one must "assume that the legislature chose, with care, the words it used when it enacted the relevant statute." Alger v. Commonwealth, 267 Va. 255, 261 (2004) (internal quotation marks omitted). Further, under the doctrine of expressio unius est exclusio alterius, the "mention of specific item in a statute implies that omitted items were not intended to be included within the scope of a statute." GEICO v. Hull, 260 Va. 349, 355 (2000) (internal quotation marks omitted). The clause in question does authorize certain specific activities-such as limiting competition and providing safe air transportation-but it does not mention guaranteeing private debt. 16 Nor does the Commission, as a political subdivision of the Commonwealth, have the implied authority under the Dillon Rule to insure or guarantee such a loan. See Commonwealth v. Cty. Bd. of Arlington Cty., 217 Va. 558, 562 ( 1977); 1985-1986 Op. Va. Att'y Gen. 91, 93.
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