Bill Text: NY A07938 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires businesses that use bicycles with electric assist to require certain employees to watch an online safety course video once per year.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to transportation [A07938 Detail]

Download: New_York-2023-A07938-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7938

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     August 4, 2023
                                       ___________

        Introduced  by M. of A. BORES -- read once and referred to the Committee
          on Transportation

        AN ACT to amend the vehicle and traffic law, in relation to creating  an
          online safety course video for bicycles with electric assist

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

     1    Section 1.  Short title. This act shall be known and may be  cited  as
     2  the "electric bicycle instruction and knowledge ensures safety (E-BIKES)
     3  act".
     4    §  2.  The  vehicle and traffic law is amended by adding a new section
     5  1244 to read as follows:
     6    § 1244. Online safety course video for bicycles with electric  assist.
     7  1.  Businesses  that use bicycles with electric assist shall require all
     8  employees whose jobs include or could reasonably be expected to  include
     9  riding  a  bicycle  with electric assist and all independent contractors
    10  whose jobs include or could reasonably be expected to include  riding  a
    11  bicycle  with  electric  assist to view an online safety course video on
    12  bicycles with electric assist, as created pursuant to subdivision two of
    13  this section.
    14    2. (a) Within twelve months of the effective date of this section, the
    15  department shall be required to create  and  approve  an  online  safety
    16  course  video  for  businesses  to  provide  to all employees whose jobs
    17  include or could reasonably be expected to include riding a bicycle with
    18  electric assist and all independent contractors whose  jobs  include  or
    19  could  reasonably  be expected to include riding a bicycle with electric
    20  assist pursuant to subdivision one of this section.
    21    (b) Such video shall cover topics related to how  to  safely  own  and
    22  operate  bicycles with electric assist, including but not limited to how
    23  to operate such bicycles in traffic and safely around pedestrians, safe-
    24  ly using batteries for such bicycles, and best practices for buying  and
    25  storing such bicycles.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11932-04-3
        A. 7938                             2

     1    (c)  The  department shall make such video freely and easily available
     2  on the department's website.
     3    (d)  The  department shall review such video no less than every twelve
     4  months in order to ensure that its content remains consistent with  best
     5  practices.  Upon completing each review, the department shall update the
     6  video in whatever manner is necessary to make its content and  recommen-
     7  dations conform to current best practices.
     8    3.  It shall be unlawful for a business to allow any employee or inde-
     9  pendent contractor to perform a task for  such  business  that  involves
    10  riding  a  bicycle with electric assist, or could reasonably be expected
    11  to involve riding a bicycle with electric assist, unless  such  employee
    12  or  contractor  has  viewed  the  online  safety course video within the
    13  previous calendar year.
    14    4. The attorney general shall be authorized to impose a civil  penalty
    15  of  up to one thousand dollars on a business for each person who has not
    16  viewed the online safety course video within the previous calendar  year
    17  who  such business employs or contracts to perform a task that involves,
    18  or could reasonably be expected to involve, riding a bicycle with  elec-
    19  tric assist.  The attorney general shall be authorized to take proof and
    20  make  a  determination  of  the relevant facts and to issue subpoenas in
    21  accordance with the civil practice law and rules.
    22    § 3. This act shall take effect immediately; provided,  however,  that
    23  subdivisions  3 and 4 of section 1244 of the vehicle and traffic law, as
    24  added by section one of this act,  shall  take  effect  eighteen  months
    25  after this act shall have become a law.