New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

S07744 Summary:

S07744 Actions:

S07744 Committee Votes:

S07744 Floor Votes:

S07744 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7744--D
            Cal. No. 1078
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    November 13, 2023
                                       ___________
 
        Introduced  by  Sens.  CHU,  ADDABBO, COMRIE, GOUNARDES, KRUEGER, RAMOS,
          SEPULVEDA, SKOUFIS, WEBB -- 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  --  committee  discharged,  bill  amended,  ordered
          reprinted  as amended and recommitted to said committee -- recommitted
          to the Committee on Consumer Protection in accordance with Senate Rule
          6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
          amended  and  recommitted to said committee -- reported favorably from
          said committee, ordered to first and second report, ordered to a third
          reading, passed by Senate and delivered  to  the  Assembly,  recalled,
          vote  reconsidered,  restored  to  third  reading, amended and ordered
          reprinted, retaining its place in the order of third reading
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13355-10-4
        S. 7744--D                          2
 
     1  vehicle that is capable of being registered with the department of motor
     2  vehicles.
     3    2.  No  person,  firm,  partnership, association, or corporation shall
     4  sell or offer for sale at retail any bicycle  with  electric  assist  as
     5  defined  by  section one hundred two-c of the vehicle and traffic law or
     6  micromobility device to any person, firm, partnership,  association,  or
     7  corporation,  without  supplying  a notice to be affixed to such bicycle
     8  with electric assist or micromobility device by the person, firm,  part-
     9  nership,  association,  or corporation.  Such notice shall have an adhe-
    10  sive backing, be made from common materials used to affix other compara-
    11  ble notices or stickers to vehicles and be printed in  English  and  the
    12  two  most common non-English languages spoken in the state, based on the
    13  data in the most recent  American  Community  Survey  published  by  the
    14  United States Census Bureau.  Such notice shall read:
    15    "NOTICE:  Always  yield to pedestrians and follow traffic laws. Riding
    16  on the sidewalk may be illegal; consult local laws."
    17    3. The department of state, in  consultation  with  appropriate  state
    18  agencies,  shall promulgate rules and regulations necessary to implement
    19  the provisions of this section.
    20    4. Violation of this section by the retail entity pursuant to subdivi-
    21  sion two of this section shall be punishable by a fine of not more  than
    22  two  hundred  fifty  dollars per stocking unit for the first offense and
    23  not more than one thousand dollars per stocking unit for each subsequent
    24  offense.
    25    5. This section shall not annul, alter, affect, or exempt any  person,
    26  firm,   partnership,   corporation,   or  association,  subject  to  the
    27  provisions of this section from complying  with  the  laws,  ordinances,
    28  rules,  or regulations of any locality, relating to the affixing, label-
    29  ing, or provision of identification,  safety,  informational,  or  other
    30  materials.
    31    § 2. This act shall take effect on the one hundred eightieth day after
    32  it  shall have become a law. Effective immediately, the addition, amend-
    33  ment and/or repeal of any rule or regulation necessary for the implemen-
    34  tation of this act on its effective date are authorized to be  made  and
    35  completed on or before such effective date.