Bill Text: NY A08310 | 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 to always yield to pedestrians and follow traffic laws that you cannot use such device on sidewalks or on highways, 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.

Sponsorship: Partisan Bill (Democrat 5)

Status: (Introduced - Dead) 2024-06-05 - substituted by s7744d [A08310 Detail]

Download: New_York-2023-A08310-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8310--C

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    November 27, 2023
                                       ___________

        Introduced  by  M.  of  A.  EACHUS,  LEE,  L. ROSENTHAL -- read once and
          referred to the Committee on Consumer Affairs and Protection -- recom-
          mitted to the Committee on Consumer Affairs and Protection in  accord-
          ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  again  reported  from said committee with amendments, ordered
          reprinted as amended and recommitted to said committee -- reported and
          referred to the Committee on Codes -- reported  and  referred  to  the
          Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
          ordered reprinted as amended and recommitted to the Committee on Rules

        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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13355-09-4
        A. 8310--C                          2

     1    2.  No  person,  firm,  partnership, association, or corporation shall
     2  sell or offer for sale at retail any bicycle  with  electric  assist  as
     3  defined  by  section one hundred two-c of the vehicle and traffic law or
     4  micromobility device to any person, firm, partnership,  association,  or
     5  corporation,  without  supplying  a notice to be affixed to such bicycle
     6  with electric assist or micromobility device by the person, firm,  part-
     7  nership,  association,  or corporation.  Such notice shall have an adhe-
     8  sive backing, be made from common materials used to affix other compara-
     9  ble notices or stickers to vehicles and be printed in  English  and  the
    10  two  most common non-English languages spoken in the state, based on the
    11  data in the most recent  American  Community  Survey  published  by  the
    12  United States Census Bureau.  Such notice shall read:
    13    "NOTICE:  Always  yield to pedestrians and follow traffic laws. Riding
    14  on the sidewalk may be illegal; consult local laws."
    15    3. The department of state, in  consultation  with  appropriate  state
    16  agencies,  shall promulgate rules and regulations necessary to implement
    17  the provisions of this section.
    18    4. Violation of this section by the retail entity pursuant to subdivi-
    19  sion two of this section shall be punishable by a fine of not more  than
    20  two  hundred  fifty  dollars per stocking unit for the first offense and
    21  not more than one thousand dollars per stocking unit for each subsequent
    22  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.