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

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

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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.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Engrossed) 2024-06-05 - returned to senate [S07744 Detail]

Download: New_York-2023-S07744-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7744--A

                               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  --  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 and scooters with electric assist and/or bicycles and  scoot-
          ers that are electric powered

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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13355-03-3
        S. 7744--A                          2

     1  fic  rules.   Additional rules may apply depending on the city, town, or
     2  village."
     3    2.  It shall be unlawful for any firm, corporation, or business entity
     4  regularly engaged in the business of selling bicycles or  scooters  with
     5  electric  assist  and/or  are  electric  powered or lithium-ion electric
     6  batteries at retail to sell or offer to sell any such  bicycles,  scoot-
     7  ers,  or  batteries without having securely affixed a notice provided by
     8  the department of transportation as denoted in subdivision one  of  this
     9  section  in a manner clearly visible without the aid of magnification or
    10  special devices.
    11    3. The department of motor vehicles, in consultation with any and  all
    12  appropriate  state  agencies  and governing bodies, shall promulgate any
    13  rules and regulations necessary to  implement  the  provisions  of  this
    14  section.
    15    4. Violation of this section by the retail entity pursuant to subdivi-
    16  sion  two of this section shall be punishable by a fine of not more than
    17  two hundred fifty dollars for the first offense and not  more  than  one
    18  thousand dollars for each subsequent offense.
    19    5.  This section shall not annul, alter, affect, or exempt any person,
    20  firm, partnership, corporation, association,  company,  or  organization
    21  subject  to the provisions of this section from complying with the laws,
    22  ordinances, rules, or regulations  of  any  locality,  relating  to  the
    23  affixing,  labeling,  or  provision  of identification, safety, informa-
    24  tional, or other materials.
    25    § 2. This act shall take effect on the one hundred eightieth day after
    26  it shall have become a law. Effective immediately, the addition,  amend-
    27  ment and/or repeal of any rule or regulation necessary for the implemen-
    28  tation  of  this act on its effective date are authorized to be made and
    29  completed on or before such effective date.