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

New York Senate Bill 7744

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2024-07-11 - SIGNED CHAP.202 [S07744 Detail]

Download: New_York-2023-S07744-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          7744

                               2023-2024 Regular Sessions

                    IN SENATE

                                    November 13, 2023
                                       ___________

        Introduced  by  Sen.  CHU  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Rules

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

          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 and scooters with electric  assist.  1.  No
     4  manufacturer  shall  sell  or  offer for sale any bicycles with electric
     5  assist or lithium-ion electric batteries or any scooters  with  electric
     6  assist  or  lithium-ion  electric batteries to any firm, corporation, or
     7  person without supplying a notice to  be  affixed  to  such  bicycle  or
     8  scooter  with  electric  assist by the retailer or customer. Such notice
     9  shall have an adhesive backing, be made from common  materials  used  to
    10  affix other comparable notices or stickers to vehicles and be printed in
    11  English  and  the  two  most  common non-English languages spoken in the
    12  state, based on the data in the most recent  American  Community  Survey
    13  published  by  the United States Census Bureau. In addition to supplying
    14  one such notice with each bicycle or scooter with electric assist,  such
    15  notices  shall  also  be  made  available to any purchasing firm, corpo-
    16  ration, or person upon request. Such notice shall read:
    17    "NOTICE: In New York State, you cannot use this device on sidewalks or
    18  on highways with speed limits over 30 MPH unless  there  is  a  sign  or
    19  public  notice allowing it. Always yield to pedestrians and follow traf-
    20  fic rules.  Additional rules may apply depending on the city,  town,  or
    21  village."
    22    2.  It shall be unlawful for any firm, corporation, or business entity
    23  regularly engaged in the business of selling bicycles or  scooters  with
    24  electric  assist  or lithium-ion electric batteries at retail to sell or
    25  offer to sell any such bicycles, scooters, or batteries  without  having

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13355-01-3

        S. 7744                             2

     1  securely  affixed  a  notice  provided by the manufacturer as denoted in
     2  subdivision one of this section in a manner clearly visible without  the
     3  aid of magnification or special devices.
     4    3.  The department of motor vehicles, in consultation with any and all
     5  appropriate state agencies and governing bodies,  shall  promulgate  any
     6  rules  and  regulations  necessary  to  implement the provisions of this
     7  section.
     8    4. Violation of this section by the retail entity pursuant subdivision
     9  two of this section shall be punishable by a fine of not more  than  two
    10  hundred  fifty dollars for the first offense and not more than one thou-
    11  sand dollars for each subsequent offense.
    12    5. This section shall not annul, alter, affect, or exempt any  person,
    13  firm,  partnership,  corporation,  association, company, or organization
    14  subject to the provisions of this section from complying with the  laws,
    15  ordinances,  rules,  or  regulations  of  any  locality, relating to the
    16  affixing, labeling, or provision  of  identification,  safety,  informa-
    17  tional, or other materials.
    18    § 2. This act shall take effect on the one hundred eightieth day after
    19  it  shall have become a law. Effective immediately, the addition, amend-
    20  ment and/or repeal of any rule or regulation necessary for the implemen-
    21  tation of this act on its effective date are authorized to be  made  and
    22  completed on or before such effective date.