Includes the exchange of anonymized trip and user demographic data for the purpose of managing the public right of way within the exchange of data, information or recorded images solely for the purpose of administering such authorized shared system.
STATE OF NEW YORK
________________________________________________________________________
9004
IN SENATE
September 25, 2020
___________
Introduced by Sen. RAMOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the vehicle and traffic law, in relation to bicycles
with electric assist and motorized scooters
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of section 102-c of the vehicle and
2 traffic law, as added by section 1 of part XX of chapter 58 of the laws
3 of 2020, is amended to read as follows:
4 A bicycle which is no more than [thirty-six] fifty-five inches wide
5 and has an electric motor of less than seven hundred fifty watts,
6 equipped with operable pedals, meeting the equipment and manufacturing
7 requirements for bicycles adopted by the Consumer Product Safety Commis-
8 sion under 16 C.F.R. Part 1512.1 et seq. and meeting the requirements
9 of one of the following three classes:
10 § 2. Subdivision 2 of section 1243 of the vehicle and traffic law, as
11 added by section 8 of part XX of chapter 58 of the laws of 2020, is
12 amended to read as follows:
13 2. Notwithstanding any other provision of law to the contrary, all
14 trip data, personal information, images, videos, and other recorded
15 images collected by any shared bicycle system or shared bicycle with
16 electric assist system which is authorized to operate within a city,
17 town or village pursuant to this section: (a) shall be for the exclusive
18 use of such shared bicycle or shared bicycle with electric assist system
19 and shall not be sold, distributed, or otherwise made available for any
20 commercial purpose and (b) shall not be disclosed or otherwise made
21 accessible except (i) to the person who is the subject of such data,
22 information or record; or (ii) if necessary to comply with a lawful
23 court order, judicial warrant signed by a judge appointed pursuant to
24 article III of the United States constitution, or subpoena for individ-
25 ual data, information or records properly issued pursuant to the crimi-
26 nal procedure law or the civil practice law and rules. Provided, howev-
27 er, that nothing contained in this paragraph shall be deemed to preclude
28 the exchange of such data, information or recorded images solely for the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17301-01-0
S. 9004 2
1 purpose of administering such authorized shared system or the exchange
2 of anonymized trip and user demographic data for the purpose of managing
3 the public right of way. For the purposes of this subdivision, "personal
4 information" shall mean information that identifies an individual,
5 including but not limited to name, address, telephone number, and the
6 type and form of payment including credit card number, debit card
7 number, or other payment method.
8 § 3 Paragraph b of subdivision 10 of section 1282 of the vehicle and
9 traffic law, as added by section 10 of part XX of chapter 58 of the laws
10 of 2020, is amended to read as follows:
11 (b) Notwithstanding any other provision of law to the contrary, all
12 trip data, personal information, images, videos, and other recorded
13 images collected by any shared electric scooter system which is author-
14 ized to operate within a city, town or village pursuant to this section:
15 (i) shall be for the exclusive use of such shared electric scooter
16 system and shall not be sold, distributed or otherwise made available
17 for any commercial purpose and (ii) shall not be disclosed or otherwise
18 made accessible except: (1) to the person who is the subject of such
19 data, information or record; or (2) if necessary to comply with a lawful
20 court order, judicial warrant signed by a judge appointed pursuant to
21 article III of the United States constitution, or subpoena for individ-
22 ual data, information or records properly issued pursuant to the crimi-
23 nal procedure law or the civil practice law and rules. Provided, howev-
24 er, that nothing contained in this paragraph shall be deemed to preclude
25 the exchange of such data, information or recorded images solely for the
26 purpose of administering such authorized shared system or the exchange
27 of anonymized trip and user demographic data for the purpose of managing
28 the public right of way.
29 For the purposes of this subdivision, "personal information" shall
30 mean information that identifies an individual, including but not limit-
31 ed to name, address, telephone number, and the type and form of payment
32 including credit card number, debit card number, or other payment meth-
33 od.
34 § 4. This act shall take effect immediately.
