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A08310 Summary:

BILL NOA08310A
 
SAME ASSAME AS S07744-B
 
SPONSOREachus
 
COSPNSR
 
MLTSPNSR
 
Add §391-cc, Gen Bus L
 
Requires retailers to affix a notice on any bicycles with electric assist and/or electric powered or lithium-ion electric batteries or any scooters with electric assist and/or electric powered or lithium-ion electric batteries which states that: "NOTICE: In New York State, you cannot use this device on sidewalks or on highways with speed limits over 30 MPH unless there is a sign or public notice allowing it. Always yield to pedestrians and follow traffic rules. Additional rules may apply depending on the city, town, or village."; authorizes the department of motor vehicles to promulgate necessary rules and regulations; imposes fines for violations thereof; makes related provisions.
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A08310 Actions:

BILL NOA08310A
 
11/27/2023referred to consumer affairs and protection
01/03/2024referred to consumer affairs and protection
01/22/2024amend and recommit to consumer affairs and protection
01/22/2024print number 8310a
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A08310 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8310--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 27, 2023
                                       ___________
 
        Introduced by M. of A. EACHUS -- read once and referred to the Committee
          on  Consumer Affairs and Protection -- recommitted to the Committee on
          Consumer Affairs and Protection in accordance with  Assembly  Rule  3,
          sec.  2  --  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  retailer  shall
     5  sell  or  offer  for  sale  any bicycles with electric assist and/or are
     6  electric powered or lithium-ion electric batteries or any scooters  with
     7  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. Such notice  shall  have  an  adhesive
    11  backing,  be  made  from common materials used to affix other comparable
    12  notices or stickers to vehicles and be printed in English  and  the  two
    13  most common non-English languages spoken in the state, based on the data
    14  in  the  most  recent  American Community Survey published by the United
    15  States Census Bureau. In addition to supplying one such notice with each
    16  bicycle or scooter with electric assist  and/or  are  electric  powered,
    17  such notices shall also be made available to any purchasing firm, corpo-
    18  ration,  or  person  upon  request  by the department of motor vehicles.
    19  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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13355-06-4

        A. 8310--A                          2
 
     1  public  notice allowing it. Always yield to pedestrians and follow traf-
     2  fic rules.  Additional rules may apply depending on the city,  town,  or
     3  village."
     4    2.  It shall be unlawful for any firm, corporation, or business entity
     5  regularly engaged in the business of selling bicycles or  scooters  with
     6  electric  assist  and/or  are  electric  powered or lithium-ion electric
     7  batteries at retail to sell or offer to sell any such  bicycles,  scoot-
     8  ers,  or  batteries without having securely affixed a notice provided by
     9  the department of motor vehicles as denoted in subdivision one  of  this
    10  section  in a manner clearly visible without the aid of magnification or
    11  special devices.
    12    3. The department of motor vehicles, in consultation with any and  all
    13  appropriate  state  agencies  and governing bodies, shall promulgate any
    14  rules and regulations necessary to  implement  the  provisions  of  this
    15  section.
    16    4. Violation of this section by the retail entity pursuant to subdivi-
    17  sion  two of this section shall be punishable by a fine of not more than
    18  two hundred fifty dollars for the first offense and not  more  than  one
    19  thousand dollars for each subsequent offense.
    20    5.  This section shall not annul, alter, affect, or exempt any person,
    21  firm, partnership, corporation, association,  company,  or  organization
    22  subject  to the provisions of this section from complying with the laws,
    23  ordinances, rules, or regulations  of  any  locality,  relating  to  the
    24  affixing,  labeling,  or  provision  of identification, safety, informa-
    25  tional, or other materials.
    26    § 2. This act shall take effect on the one hundred eightieth day after
    27  it shall have become a law. Effective immediately, the addition,  amend-
    28  ment and/or repeal of any rule or regulation necessary for the implemen-
    29  tation  of  this act on its effective date are authorized to be made and
    30  completed on or before such effective date.
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