HOUSE OF REPRESENTATIVES

152nd GENERAL ASSEMBLY

HOUSE BILL NO. 106

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE MOTORCYCLE RIDER EDUCATION ADVISORY COMMITTEE.

WHEREAS, the Motorcycle Rider Education Program (“Program”), established in 1985 by Chapter 27 of Volume 65 of the Laws of Delaware, currently offers a mandatory novice training course for new motorcycle operators under the age of 18 and an optional rider education course for those who desire to improve their skills; and

WHEREAS, the initial course for young or untrained riders teaches skills in highway awareness and the rights of other motorists, and instills a thorough knowledge of the dangers and limitations involved in operating a motorcycle; and

WHEREAS, the course for experienced drivers serves as a refresher course on motor vehicle laws and skills; and

WHEREAS, the Motorcycle Rider Education Advisory Committee (“Committee”) was originally established by House Resolution No. 68 of the 139th General Assembly to make recommendations to the 139th General Assembly concerning methods of funding the Program; however, it became apparent that the Committee could be beneficial in many other ways and, therefore, the 140th, 142nd, and each successive General Assembly continued the Committee.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter I, Chapter 27, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2728. Motorcycle Rider Education Advisory Committee.

(a) The Motorcycle Rider Education Advisory Committee (“Committee”) is established to do all of the following:

(1) Monitor the Motorcycle Rider Education Program (“Program”) established under § 2726 of this title.

(2) Receive input from State agencies and the general public regarding the Program.

(3) Assess the future needs of and recommend improvements to the Program.

(4) Review pending legislation related to the Program or owning or operating a motorcycle.

(b) The Committee is comprised of the following members:

(1) One member of the House of Representatives, appointed by the Speaker of the House of Representatives.

(2) One member of the Senate, appointed by the President Pro Tempore of the Senate.

(3) The Controller General, or a designee selected by the Controller General.

(4) One employee of the Department of Transportation and 1 employee of the Office of Highway Safety, appointed by the President Pro Tempore of the Senate.

(5) Nine members of the public, 6 of whom are appointed by the Speaker of the House of Representatives and 3 of whom are appointed by the President Pro Tempore of the Senate.

(c)(1) The appointed members of the Committee serve at the pleasure of the appointing authority.

(2) A vacancy on the Committee is to be filled in the same manner as the original appointment.

(d)(1) The member of the House of Representatives appointed by the Speaker is the Chair of the Committee and the member of the Senate appointed by the President Pro Tempore is the Vice-Chair of the Committee.

(e) The Chair shall guide the administration of the Committee by doing, at a minimum, all of the following:

(1) Supervising the preparation and distribution of meeting notices, agendas, minutes, correspondence, and other records of the Committee.

(2) Notifying an appointing authority of a vacancy on the Committee to be filled by the appointing authority.

(f)(1) The Committee must meet at least quarterly. The Committee may meet at the call of the Chair.

(2) A quorum of the Committee is a majority of the Committee’s members.

(3) Official action by the Committee requires the approval of majority of the Committee’s members.

(4) The Committee may adopt rules necessary for its operations.

(g) The General Assembly shall provide reasonable and necessary support staff and materials for the Committee to carry out the Committee’s purposes under subsection (a) of this section.

SYNOPSIS

This Act codifies the Motorcycle Rider Education Advisory Committee (“Committee”). The Committee must meet at least quarterly to monitor the Motorcycle Rider Education Program and assess the future needs of and recommend improvements to the Program.