Opinion letter to Mr. John Brawley

OFJ<'ICES OF TilE JOHN C. DANFORTH ATTORNEY GENJRlUAJ.4 O:ru" MISSOURI ATTORNEY GENERAL January 19, 1976 OPINION LETTER NO. 7 Mr. John Brawley, Director Department of Transportation Broadway Office Building, 4th Floor Jefferson City, Missouri 65101 Dear Mr. Brawley: This letter is in response to your request a~ stated: "(1) Does the Department of Transportation have the authority to charge a fee to cover the costs of an aeronautical chart and di~ rectory of aviation facilities in the state? "(2) If so, are the proceeds deposited in the general revenue fund?" You have informed us that your department has prepar~d an aeronautical chart of airports in the state and an airport direc- tory of state airports. You have asked if yo.ur department has authority to charge a fee to cover the expense of preparation and handling. We enclose a copy of Opinion No. 37, rendered June 13, 1949, to David E. Harrison, the holding of which we believe is appli- cable in the premises. You will note that.the opinion points out that the law is well established that a fee may be charged by a public official for the rendition of services only when expressly provided for by statute. In view of the fact that we find no statutory authorization for the Department of Transportation to make a charge for copies of the chart, it is our view that the department has no authority to do so. " ......... Mr. John Brawley In view of our holding as to the first question, it is unnecessary to answer the second question. ~:u5_:f~ Enclosure: Op. No. 37, 6~13-49, Harrison JOHN C. DANFORTH Attorney General - 2 -