1.100. Population, how determined — effective date of census — change in population, effect of. — 1. The population of any political subdivision of the state for the purpose of representation or other matters including the ascertainment of the salary of any county officer for any year or for the amount of fees he may retain or the amount he is allowed to pay for deputies and assistants is determined on the basis of the last previous decennial census of the United States. For the purposes of this section the effective date of the 1960 decennial census of the United States is July 1, 1961, and the effective date of each succeeding decennial census of the United States is July first of each tenth year after 1961; except that for the purposes of ascertaining the salary of any county officer for any year or for the amount of fees he may retain or the amount he is allowed to pay for deputies and assistants the effective date of the 1960 decennial census of the United States is January 1, 1961, and the effective date of each succeeding decennial census is January first of each tenth year after 1961.
2. Any law which is limited in its operation to counties, cities or other political subdivisions having a specified population or a specified assessed valuation shall be deemed to include all counties, cities or political subdivisions which thereafter acquire such population or assessed valuation as well as those in that category at the time the law passed. Once a city, county, or political subdivision has come under the operation of such a law a subsequent change in population shall not remove that city, county, or political subdivision from the operation of that law regardless of whether the city, county, or political subdivision comes under the operation of the law after the law was passed. No person whose compensation is set by a statutory formula, which is based in part on a population factor, shall have his compensation reduced due solely to an increase in the population factor.
Notes of Decisions
Union Elec. Co. v. Cuivre River Elec. Coop., Inc., 571 S.W.2d 790 (Mo. Ct. App. 1978).
· cites it 18× “1969, is not among the “other matters” referred to in § 1.100 RSMo. 1969. To support this contention, respondent argues that the words “other matters” are ambiguous in the context of the statute and are limited to those “matters” of the same or similar kind enumerated…”
Poertner v. Hess, 646 S.W.2d 753 (Mo. 1983).
· cites it 24× “Appellants argue that § 1.100, RSMo 1978, 2 requires that population be determined by reference to the last previous decennial census.”
Boyd-Richardson Co. v. Leachman, 615 S.W.2d 46 (Mo. 1981).
· cites it 8× “banc 1975), the Court held that § 1.100, passed by the general assembly in 1971, indicated the intent of the general assembly that a decrease in population shall not affect the applicability of laws a city not within a county has already qualified under.”
Larry Johnston & Gloria Gay Johnston v. Livingston Cnty. Comm'n, 462 S.W.3d 859 (Mo. Ct. App. 2015).
· cites it 5× “Rather, the Commission argued, under § 1.100, the court was to apply the 2000 Census data, which determined the population of Livingston County to be 14,558, which was within the parameters of § 67.”
Short v. S. Union Co., 372 S.W.3d 520 (Mo. Ct. App. 2012).
· cites it 2× “1978) (interpreting “including” as used in section 1.100(1) which states that the population of a political subdivision based on the last previous decennial census shall control “for the purpose of representation or other matters including the ascertainment of the salary of any…”
Nicolai v. City of St. Louis, 762 S.W.2d 423 (Mo. 1988).
· cites it 2× “is hereby authorized, for city and local purposes, to license, tax, and regulate the occupation of merchants, manufacturers, and all businesses, avocations, pursuits, and callings that are not exempt from the payment of licenses by law.... St. Louis is a constitutional charter…”
City of St. Louis v. Long, 395 S.W.2d 481 (Mo. Ct. App. 1965).
· cites it 8× “010 and Section 1.100, and read to the jury that part of Section 773.”
State ex rel. Woods v. Connett, 525 S.W.2d 326 (Mo. 1975).
· cites it 10× “Section 1.100, RSMo 1969, as amended 1971, provides that the population of any political subdivision of this state “for the purpose of representation or other matters” is determined on the basis of the last previous decennial census of the United States.”
State ex rel. McNeal v. Roach, 520 S.W.2d 69 (Mo. 1975).
· cites it 4× “Relevant to this proceeding, Section 1.100 R.S.Mo.1969, V.A.M.S., provides that the effective date of any change in the United States census is July 1, 1971.”
City of Kansas City v. Stoner, 424 S.W.2d 768 (Mo. Ct. App. 1968).
· cites it 6× “Section 1.100 of these Revised Ordinances provides a general penalty for all activity declared to be unlawful or a misdemeanor.”
— Mo. Rev. Stat. § 1.100(1) — 5 cases
Union Elec. Co. v. Cuivre River Elec. Coop., Inc., 571 S.W.2d 790 (Mo. Ct. App. 1978).
“1969, is not among the “other matters” referred to in § 1.100 RSMo. 1969. To support this contention, respondent argues that the words “other matters” are ambiguous in the context of the statute and are limited to those “matters” of the same or similar kind enumerated…”
Short v. S. Union Co., 372 S.W.3d 520 (Mo. Ct. App. 2012).
“1978) (interpreting “including” as used in section 1.100(1) which states that the population of a political subdivision based on the last previous decennial census shall control “for the purpose of representation or other matters including the ascertainment of the salary of any…”
Poertner v. Hess, 646 S.W.2d 753 (Mo. 1983).
“Appellants argue that § 1.100, RSMo 1978, 2 requires that population be determined by reference to the last previous decennial census.”
State ex rel. Woods v. Connett, 525 S.W.2d 326 (Mo. 1975).
“Section 1.100, RSMo 1969, as amended 1971, provides that the population of any political subdivision of this state “for the purpose of representation or other matters” is determined on the basis of the last previous decennial census of the United States.”
— Mo. Rev. Stat. § 1.100(2) — 2 cases
Poertner v. Hess, 646 S.W.2d 753 (Mo. 1983).
“Appellants argue that § 1.100, RSMo 1978, 2 requires that population be determined by reference to the last previous decennial census.”
State ex rel. Woods v. Connett, 525 S.W.2d 326 (Mo. 1975).
“Section 1.100, RSMo 1969, as amended 1971, provides that the population of any political subdivision of this state “for the purpose of representation or other matters” is determined on the basis of the last previous decennial census of the United States.”
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