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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter : Chapter 48 County Classification
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For the purposes of this chapter, "assessed valuation" shall mean
the valuation of all real and personal property as determined and finally
established by the state agency charged with the duty of equalizing
assessments. (L. 1945 p. 1801 § 2)
All counties of this state are hereby classified, for the purpose
of establishing organization and powers in accordance with the provisions
of section 8, article VI, Constitution of Missouri, into four
classifications determined as follows:
Classification 1. All counties having an assessed valuation of six
hundred million dollars and over shall automatically be in the first
classification after that county has maintained such valuation for the
time period required by section 48.030; however, any county of the second
classification which, on August 13, 1988, has had an assessed valuation
of at least four hundred million dollars for at least one year may, by
resolution of the governing body of the county, elect to be classified as
a county of the first classification after it has maintained such
valuation for the period of time required by the provisions of section
48.030.
Classification 2. All counties having an assessed valuation of four
hundred fifty million dollars and less than the assessed valuation
necessary for that county to be in the first classification shall
automatically be in the second classification after that county has
maintained such valuation for the time period required by section 48.030.
Classification 3. All counties having an assessed valuation of less than
the assessed valuation necessary for that county to be in the second
classification shall automatically be in the third classification.
Classification 4. All counties which have attained the second
classification prior to August 13, 1988, and which would otherwise return
to the third classification after August 13, 1988, because of changes in
assessed valuation shall remain a county in the second classification and
shall operate under the laws of this state applying to the second
classification. (L. 1945 p. 1801 § 1, A.L. 1957 p. 342, A.L. 1977 H.B.
38, et al., A.L. 1978 S.B. 743, A.L. 1979 H.B. 583, A.L. 1988 H.B. 943,
A.L. 2004 H.B. 950 & 948)
1. Other than as otherwise provided for in this section, after
September 28, 1979, no county shall move from a lower class to a higher
class or from a higher class to a lower class until the assessed
valuation of the county is such as to place it in the other class for
five successive years.
2. No second class county shall become a third class county until the
assessed valuation of the county is such as to place it in the third
class for at least five successive years and until the assessed
valuations for calendar year 1985 have been entered on the tax rolls of
each county in accordance with subsections 6 and 7 of section 137.115,
RSMo.
3. Notwithstanding the provisions of subsection 1 of this section, a
county may become a first class county at any time after the assessed
valuation of the county is such as to be a first class county and the
governing body of the county elects to change classifications. The
effective date of such change of classification shall be in accordance
with the provisions of this section.
4. The change from one classification to another shall become effective
at the beginning of the county fiscal year following the next general
election after the certification by the state equalizing agency for the
required number of successive years that the county possesses an assessed
valuation placing it in another class. If a general election is held
between the date of the certification and the end of the current fiscal
year, the change of classification shall not become effective until the
beginning of the county fiscal year following the next succeeding general
election. (L. 1945 p. 1801 § 3, A.L. 1959 H.B. 297, A.L. 1965 p. 95, A.L.
1972 S.B. 271, A.L. 1977 H.B. 38, et al., A.L. 1978 S.B. 743, A.L. 1979
H.B. 583, A.L. 1983 S.B. 63, et al., A.L. 2004 H.B. 950 & 948)
It shall be the duty of the state auditor, as the supervisor of
county audits, to examine annually the assessed valuation figures of the
various counties immediately upon the certification of same by the state
equalizing agency and to ascertain if any county shall have changed
classifications as determined in this chapter. In case it shall be found
that any county has met the requirements of reclassification as set forth
in this chapter, it shall be the duty of the state auditor within thirty
days after said certification to notify officially all county elected
officers and the county officials charged with the supervision of
elections of the change in status of the county. (L. 1945 p. 1801 § 3)
Any elected county official whose office may be abolished or
consolidated with another office as a result of the change of the county
from one class to another shall continue to hold the office to which he
was elected for the term for which he was elected. Any office which may
be established as a result of the change of the county from one class to
another shall be filled in accordance with the provisions of the law
relating to the filling of vacancies for such office. (L. 1945 p. 1801 §
3)
The incumbent of the office of county treasurer of a county
changing from third classification to second or first classification or
from second classification to third classification shall continue to hold
office for the term to which he or she was elected. The successor in
office shall be elected at the general election next preceding the
expiration of the incumbent's term of office to a term of two years and
until a successor is elected, as provided in section 54.010, RSMo, and
qualified. (L. 1973 S.B. 226, A.L. 1999 S.B. 139)
The provisions of this chapter, enacted to conform the law of
this state to the provisions of section 8 of article VI of the
constitution of 1945, are hereby declared to be dependent upon the
constitutional authority uniformly to graduate the compensation of county
officers within the classes as designated herein pursuant to the
provisions of section 11 of article VI of the constitution of 1945. The
failure of the general assembly to possess such power shall have the
effect of making inoperative the provisions of this chapter. (L. 1945 p.
1801 § 3a)
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