Bill Text: NY S07744 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires retailers to affix a notice on any bicycles with electric assist and micromobility devices which states that you cannot use such device on sidewalks or on highways with speed limits over 30 MPH, except where allowed by local law; authorizes the department of state to promulgate necessary rules and regulations; imposes fines for violations thereof; makes related provisions.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed) 2024-05-21 - referred to codes [S07744 Detail]

Download: New_York-2023-S07744-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7744--C

                               2023-2024 Regular Sessions

                    IN SENATE

                                    November 13, 2023
                                       ___________

        Introduced  by  Sens.  CHU,  ADDABBO, COMRIE, GOUNARDES, KRUEGER, RAMOS,
          SKOUFIS -- read twice and ordered printed,  and  when  printed  to  be
          committed  to  the  Committee  on  Rules -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
          amended and recommitted  to  said  committee  --  recommitted  to  the
          Committee  on  Consumer  Protection  in accordance with Senate Rule 6,
          sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee

        AN  ACT  to  amend  the general business law, in relation to the sale of
          bicycles with electric assist and micromobility devices

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  391-cc to read as follows:
     3    §  391-cc.  Sale  of  bicycles  with electric assist and micromobility
     4  devices.  1.  As used in this section, "micromobility device" shall mean
     5  an electric scooter as defined in section one hundred fourteen-e of  the
     6  vehicle  and  traffic  law,  an  electrical  personal assistive mobility
     7  device as defined in section one hundred fourteen-d of the  vehicle  and
     8  traffic  law,  or  other  personal  mobility device that has an electric
     9  motor. The term micromobility device shall  not  include  bicycles  with
    10  electric  assist  as defined by section one hundred two-c of the vehicle
    11  and traffic law, limited use  motorcycles  as  defined  in  section  one
    12  hundred  twenty-one-b  of  the  vehicle  and traffic law, wheelchairs or
    13  other electrically driven mobility  assistance  devices  as  defined  in
    14  section  one  hundred  thirty-a  of  the vehicle and traffic law, or any
    15  vehicle that is capable of being registered with the department of motor
    16  vehicles.
    17    2. No person, firm, partnership,  association,  or  corporation  shall
    18  sell  or  offer  for  sale at retail any bicycle with electric assist as

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13355-08-4
        S. 7744--C                          2

     1  defined by section one hundred two-c of the vehicle and traffic  law  or
     2  micromobility  device  to any person, firm, partnership, association, or
     3  corporation, without supplying a notice to be affixed  to  such  bicycle
     4  with  electric assist or micromobility device by the person, firm, part-
     5  nership, association, or corporation.  Such notice shall have  an  adhe-
     6  sive backing, be made from common materials used to affix other compara-
     7  ble  notices  or  stickers to vehicles and be printed in English and the
     8  two most common non-English languages spoken in the state, based on  the
     9  data  in  the  most  recent  American  Community Survey published by the
    10  United States Census Bureau.  Such notice shall read:
    11    "NOTICE: In New York State, you cannot use this device on sidewalks or
    12  on highways with speed limits over 30 MPH except where local laws, ordi-
    13  nances, orders, rules, or regulations allow.  Consult with local cities,
    14  towns, or villages where operating this device for their specific condi-
    15  tions, always yield to pedestrians, and follow traffic rules."
    16    3. The department of state, in  consultation  with  appropriate  state
    17  agencies,  shall promulgate rules and regulations necessary to implement
    18  the provisions of this section.
    19    4. Violation of this section by the retail entity pursuant to subdivi-
    20  sion two of this section shall be punishable by a fine of not more  than
    21  two  hundred  fifty  dollars for the first offense and not more than one
    22  thousand dollars for each subsequent offense.
    23    5. This section shall not annul, alter, affect, or exempt any  person,
    24  firm,   partnership,   corporation,   or  association,  subject  to  the
    25  provisions of this section from complying  with  the  laws,  ordinances,
    26  rules,  or regulations of any locality, relating to the affixing, label-
    27  ing, or provision of identification,  safety,  informational,  or  other
    28  materials.
    29    § 2. This act shall take effect on the one hundred eightieth day after
    30  it  shall have become a law. Effective immediately, the addition, amend-
    31  ment and/or repeal of any rule or regulation necessary for the implemen-
    32  tation of this act on its effective date are authorized to be  made  and
    33  completed on or before such effective date.