SECOND REGULAR SESSION

SENATE BILL NO. 891

89TH GENERAL ASSEMBLY


INTRODUCED BY SENATOR KINDER.

Read 1st time February 9, 1998, and 1,000 copies ordered printed.

TERRY L. SPIELER, Secretary.

S3814.01I


AN ACT

To repeal section 590.121, RSMo 1994, relating to training of dogs used by peace officers, and to enact in lieu thereof one new section relating to the same subject.


Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A.  Section 590.121, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 590.121, to read as follows:

590.121.  1.  The director shall certify such academies, core curriculum and instruction as necessary to fulfill the purposes of sections 590.100 to 590.180.  The director may certify canine training programs and canine-handler training programs where such training is intended to produce dogs capable of working with law enforcement personnel.  The certification shall be made by the director on the basis of the experience and educational background of the instructors, the quality and aptness of curriculum, the educational equipment and materials used in the training and the methods and measurements used in such training.  The director shall adopt and publish rules pertaining to the establishment of minimum standards for certification pursuant to sections 590.100 to 590.180.

2.  The department shall adopt by rule minimum training standards for dogs sold for use by law enforcement agencies.  After July 1, 2000, no law enforcement agency shall acquire a dog to be used in association with law enforcement activities unless the dog and its handler have been trained pursuant to the requirements set by the director by rule.

3.  The director shall establish by rule recommended training for dogs and their handlers.  The director shall upon application certify dog-handler teams that meet the training standards or that were certified by nationally recognized associations dedicated to training police dogs and their handlers.

4.  The director is authorized to adopt those rules that are reasonable and necessary to accomplish the limited duties specifically delegated within this section.  Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority delegated in this section shall become effective only if it has been promulgated pursuant to the provisions of chapter 536, RSMo.  This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after the effective date of this section shall be invalid and void.


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