302.134. Motorcycle safety education program, department to establish and set standards, program to include certain subjects--authority to adopt rules, procedure to adopt, suspend and revoke.
Motorcycle safety education program, department to establish and setstandards, program to include certain subjects--authority to adoptrules, procedure to adopt, suspend and revoke.
302.134. 1. The department shall establish standards for and shalladminister the motorcycle safety education program. The program shallinclude, but is not limited to, motorcycle rider training and instructortraining courses. The department may expand the program to includecomponents relating to the effect of alcohol and drugs on motorcycleoperation, public awareness of motorcycles on the highways, driverimprovement for motorcyclists, motorcycle operator licensing improvement,program promotion, and other motorcycle safety efforts.
2. Standards adopted by the department for the motorcycle safetyeducation program, including standards for instructor qualification andstandards for the motorcycle rider training and instructor trainingcourses, shall, at a minimum, comply with the applicable standards of theMotorcycle Safety Foundation.
3. The department shall promulgate rules and regulations necessary toadminister the provisions of sections 302.133 to 302.138.
4. No rule or portion of a rule promulgated under the authority ofthis chapter shall become effective until it has been approved by the jointcommittee on administrative rules in accordance with the proceduresprovided in this section, and the delegation of the legislative authorityto enact law by the adoption of such rules is dependent upon the power ofthe joint committee on administrative rules to review and suspend rulespending ratification by the senate and the house of representatives asprovided in this section.
5. Upon filing any proposed rule with the secretary of state, thedepartment shall concurrently submit such proposed rule to the committee,which may hold hearings upon any proposed rule or portion thereof at anytime.
6. A final order of rulemaking shall not be filed with the secretaryof state until thirty days after such final order of rulemaking has beenreceived by the committee. The committee may hold one or more hearingsupon such final order of rulemaking during the thirty-day period. If thecommittee does not disapprove such order of rulemaking within thethirty-day period, the department may file such order of rulemaking withthe secretary of state and the order of rulemaking shall be deemedapproved.
7. The committee may, by majority vote of the members, suspend theorder of rulemaking or portion thereof by action taken prior to the filingof the final order of rulemaking only for one or more of the followinggrounds:
(1) An absence of statutory authority for the proposed rule;
(2) An emergency relating to public health, safety or welfare;
(3) The proposed rule is in conflict with state law;
(4) A substantial change in circumstance since enactment of the lawupon which the proposed rule is based.
8. If the committee disapproves any rule or portion thereof, thedepartment shall not file such disapproved portion of any rule with thesecretary of state and the secretary of state shall not publish in theMissouri Register any final order of rulemaking containing the disapprovedportion.
9. If the committee disapproves any rule or portion thereof, thecommittee shall report its findings to the senate and the house ofrepresentatives. No rule or portion thereof disapproved by the committeeshall take effect so long as the senate and the house of representativesratify the act of the joint committee by resolution adopted in each housewithin thirty legislative days after such rule or portion thereof has beendisapproved by the joint committee.
10. Upon adoption of a rule as provided in this section, any suchrule or portion thereof may be suspended or revoked by the general assemblyeither by bill or, pursuant to section 8, article IV of the Constitution ofMissouri, by concurrent resolution upon recommendation of the jointcommittee on administrative rules. The committee shall be authorized tohold hearings and make recommendations pursuant to the provisions ofsection 536.037, RSMo. The secretary of state shall publish in theMissouri Register, as soon as practicable, notice of the suspension orrevocation.
(L. 1995 H.B. 717)