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Senate Bill S7744D

Signed By Governor

2023-2024 Legislative Session

Relates to the sale of bicycles with electric assist and micromobility devices

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Archive: Last Bill Status - Signed by Governor

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Bill Amendments

2023-S7744 - Details

See Assembly Version of this Bill:
A8310
Law Section:
General Business Law
Laws Affected:
Add §391-cc, Gen Bus L

2023-S7744 - Summary

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.

2023-S7744 - Sponsor Memo

2023-S7744 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7744
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. The general business law is amended by adding a new section
 391-cc to read as follows:
   § 391-CC. SALE OF BICYCLES AND SCOOTERS WITH ELECTRIC  ASSIST.  1.  NO
 MANUFACTURER  SHALL  SELL  OR  OFFER FOR SALE ANY BICYCLES WITH ELECTRIC
 ASSIST OR LITHIUM-ION ELECTRIC BATTERIES OR ANY SCOOTERS  WITH  ELECTRIC
 ASSIST  OR  LITHIUM-ION  ELECTRIC BATTERIES TO ANY FIRM, CORPORATION, OR
 PERSON WITHOUT SUPPLYING A NOTICE TO  BE  AFFIXED  TO  SUCH  BICYCLE  OR
 SCOOTER  WITH  ELECTRIC  ASSIST BY THE RETAILER OR CUSTOMER. SUCH NOTICE
 SHALL HAVE AN ADHESIVE BACKING, BE MADE FROM COMMON  MATERIALS  USED  TO
 AFFIX OTHER COMPARABLE NOTICES OR STICKERS TO VEHICLES AND BE PRINTED IN
 ENGLISH  AND  THE  TWO  MOST  COMMON NON-ENGLISH LANGUAGES SPOKEN IN THE
 STATE, BASED ON THE DATA IN THE MOST RECENT  AMERICAN  COMMUNITY  SURVEY
 PUBLISHED  BY  THE UNITED STATES CENSUS BUREAU. IN ADDITION TO SUPPLYING
 ONE SUCH NOTICE WITH EACH BICYCLE OR SCOOTER WITH ELECTRIC ASSIST,  SUCH
 NOTICES  SHALL  ALSO  BE  MADE  AVAILABLE TO ANY PURCHASING FIRM, CORPO-
 RATION, OR PERSON UPON REQUEST. SUCH NOTICE SHALL READ:
   "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 TRAF-
 FIC RULES.  ADDITIONAL RULES MAY APPLY DEPENDING ON THE CITY,  TOWN,  OR
 VILLAGE."
   2.  IT SHALL BE UNLAWFUL FOR ANY FIRM, CORPORATION, OR BUSINESS ENTITY
 REGULARLY ENGAGED IN THE BUSINESS OF SELLING BICYCLES OR  SCOOTERS  WITH
 ELECTRIC  ASSIST  OR LITHIUM-ION ELECTRIC BATTERIES AT RETAIL TO SELL OR
 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

2023-S7744A - Details

See Assembly Version of this Bill:
A8310
Law Section:
General Business Law
Laws Affected:
Add §391-cc, Gen Bus L

2023-S7744A - Summary

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.

2023-S7744A - Sponsor Memo

2023-S7744A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7744--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. The general business law is amended by adding a new section
 391-cc to read as follows:
   § 391-CC. SALE OF BICYCLES AND SCOOTERS WITH  ELECTRIC  ASSIST  AND/OR
 BICYCLES  AND  SCOOTERS  THAT ARE ELECTRIC POWERED.   1. NO MANUFACTURER
 SHALL SELL OR OFFER FOR SALE ANY BICYCLES WITH  ELECTRIC  ASSIST  AND/OR
 ARE  ELECTRIC  POWERED OR LITHIUM-ION ELECTRIC BATTERIES OR ANY SCOOTERS
 WITH ELECTRIC ASSIST AND/OR ARE ELECTRIC POWERED OR LITHIUM-ION ELECTRIC
 BATTERIES TO ANY FIRM, CORPORATION, OR PERSON WITHOUT SUPPLYING A NOTICE
 TO BE AFFIXED TO SUCH BICYCLE OR SCOOTER WITH ELECTRIC ASSIST AND/OR ARE
 ELECTRIC POWERED BY THE RETAILER OR CUSTOMER. SUCH NOTICE SHALL HAVE  AN
 ADHESIVE  BACKING,  BE  MADE  FROM  COMMON MATERIALS USED TO AFFIX OTHER
 COMPARABLE NOTICES OR STICKERS TO VEHICLES AND BE PRINTED IN ENGLISH AND
 THE TWO MOST COMMON NON-ENGLISH LANGUAGES SPOKEN IN THE STATE, BASED  ON
 THE  DATA  IN THE MOST RECENT AMERICAN COMMUNITY SURVEY PUBLISHED BY THE
 UNITED STATES CENSUS BUREAU. IN ADDITION TO SUPPLYING  ONE  SUCH  NOTICE
 WITH  EACH  BICYCLE  OR SCOOTER WITH ELECTRIC ASSIST AND/OR ARE ELECTRIC
 POWERED, SUCH NOTICES SHALL ALSO BE MADE  AVAILABLE  TO  ANY  PURCHASING
 FIRM, CORPORATION, OR PERSON UPON REQUEST BY THE DEPARTMENT OF TRANSPOR-
 TATION.  SUCH NOTICE SHALL READ:
   "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  TRAF-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13355-03-3

co-Sponsors

2023-S7744B - Details

See Assembly Version of this Bill:
A8310
Law Section:
General Business Law
Laws Affected:
Add §391-cc, Gen Bus L

2023-S7744B - Summary

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.

2023-S7744B - Sponsor Memo

2023-S7744B - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7744--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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  --  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:
 
   Section 1. The general business law is amended by adding a new section
 391-cc to read as follows:
   §  391-CC.  SALE  OF BICYCLES AND SCOOTERS WITH ELECTRIC ASSIST AND/OR
 BICYCLES AND SCOOTERS THAT ARE ELECTRIC POWERED.  1. NO  RETAILER  SHALL
 SELL  OR  OFFER  FOR  SALE  ANY BICYCLES WITH ELECTRIC ASSIST AND/OR ARE
 ELECTRIC POWERED OR LITHIUM-ION ELECTRIC BATTERIES OR ANY SCOOTERS  WITH
 ELECTRIC  ASSIST  AND/OR  ARE  ELECTRIC  POWERED OR LITHIUM-ION ELECTRIC
 BATTERIES TO ANY FIRM, CORPORATION, OR PERSON WITHOUT SUPPLYING A NOTICE
 TO BE AFFIXED TO SUCH BICYCLE OR SCOOTER WITH ELECTRIC ASSIST AND/OR ARE
 ELECTRIC POWERED BY THE RETAILER. SUCH NOTICE  SHALL  HAVE  AN  ADHESIVE
 BACKING,  BE  MADE  FROM COMMON MATERIALS USED TO AFFIX OTHER COMPARABLE
 NOTICES OR STICKERS TO VEHICLES AND BE PRINTED IN ENGLISH  AND  THE  TWO
 MOST COMMON NON-ENGLISH LANGUAGES SPOKEN IN THE STATE, BASED ON THE DATA
 IN  THE  MOST  RECENT  AMERICAN COMMUNITY SURVEY PUBLISHED BY THE UNITED
 STATES CENSUS BUREAU. IN ADDITION TO SUPPLYING ONE SUCH NOTICE WITH EACH
 BICYCLE OR SCOOTER WITH ELECTRIC ASSIST  AND/OR  ARE  ELECTRIC  POWERED,
 SUCH NOTICES SHALL ALSO BE MADE AVAILABLE TO ANY PURCHASING FIRM, CORPO-
 RATION,  OR  PERSON  UPON  REQUEST  BY THE DEPARTMENT OF MOTOR VEHICLES.
 SUCH NOTICE SHALL READ:
   "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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13355-04-3

co-Sponsors

2023-S7744C - Details

See Assembly Version of this Bill:
A8310
Law Section:
General Business Law
Laws Affected:
Add §391-cc, Gen Bus L

2023-S7744C - Summary

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.

2023-S7744C - Sponsor Memo

2023-S7744C - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7744--C
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 13, 2023
                                ___________
 
 Introduced  by  Sens.  CHU,  ADDABBO, COMRIE, GOUNARDES, KRUEGER, RAMOS,
   SKOUFIS -- 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  commit-
   tee  --  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
 
 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:
 
   Section 1. The general business law is amended by adding a new section
 391-cc to read as follows:
   §  391-CC.  SALE  OF  BICYCLES  WITH ELECTRIC ASSIST AND MICROMOBILITY
 DEVICES.  1.  AS USED IN THIS SECTION, "MICROMOBILITY DEVICE" SHALL MEAN
 AN ELECTRIC SCOOTER AS DEFINED IN SECTION ONE HUNDRED FOURTEEN-E OF  THE
 VEHICLE  AND  TRAFFIC  LAW,  AN  ELECTRICAL  PERSONAL ASSISTIVE MOBILITY
 DEVICE AS DEFINED IN SECTION ONE HUNDRED FOURTEEN-D OF THE  VEHICLE  AND
 TRAFFIC  LAW,  OR  OTHER  PERSONAL  MOBILITY DEVICE THAT HAS AN ELECTRIC
 MOTOR. THE TERM MICROMOBILITY DEVICE SHALL  NOT  INCLUDE  BICYCLES  WITH
 ELECTRIC  ASSIST  AS DEFINED BY SECTION ONE HUNDRED TWO-C OF THE VEHICLE
 AND TRAFFIC LAW, LIMITED USE  MOTORCYCLES  AS  DEFINED  IN  SECTION  ONE
 HUNDRED  TWENTY-ONE-B  OF  THE  VEHICLE  AND TRAFFIC LAW, WHEELCHAIRS OR
 OTHER ELECTRICALLY DRIVEN MOBILITY  ASSISTANCE  DEVICES  AS  DEFINED  IN
 SECTION  ONE  HUNDRED  THIRTY-A  OF  THE VEHICLE AND TRAFFIC LAW, OR ANY
 VEHICLE THAT IS CAPABLE OF BEING REGISTERED WITH THE DEPARTMENT OF MOTOR
 VEHICLES.
   2. NO PERSON, FIRM, PARTNERSHIP,  ASSOCIATION,  OR  CORPORATION  SHALL
 SELL  OR  OFFER  FOR  SALE AT RETAIL ANY BICYCLE WITH ELECTRIC ASSIST AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13355-08-4

co-Sponsors

2023-S7744D (ACTIVE) - Details

See Assembly Version of this Bill:
A8310
Law Section:
General Business Law
Laws Affected:
Add §391-cc, Gen Bus L

2023-S7744D (ACTIVE) - Summary

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.

2023-S7744D (ACTIVE) - Sponsor Memo

2023-S7744D (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7744--D
     Cal. No. 1078
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. The general business law is amended by adding a new section
 391-cc to read as follows:
   § 391-CC. SALE OF BICYCLES  WITH  ELECTRIC  ASSIST  AND  MICROMOBILITY
 DEVICES.  1.  AS USED IN THIS SECTION, "MICROMOBILITY DEVICE" SHALL MEAN
 AN  ELECTRIC SCOOTER AS DEFINED IN SECTION ONE HUNDRED FOURTEEN-E OF THE
 VEHICLE AND TRAFFIC  LAW,  AN  ELECTRICAL  PERSONAL  ASSISTIVE  MOBILITY
 DEVICE  AS  DEFINED IN SECTION ONE HUNDRED FOURTEEN-D OF THE VEHICLE AND
 TRAFFIC LAW, OR OTHER PERSONAL MOBILITY  DEVICE  THAT  HAS  AN  ELECTRIC
 MOTOR.  THE  TERM  MICROMOBILITY  DEVICE SHALL NOT INCLUDE BICYCLES WITH
 ELECTRIC ASSIST AS DEFINED BY SECTION ONE HUNDRED TWO-C OF  THE  VEHICLE
 AND  TRAFFIC  LAW,  LIMITED  USE  MOTORCYCLES  AS DEFINED IN SECTION ONE
 HUNDRED TWENTY-ONE-B OF THE VEHICLE  AND  TRAFFIC  LAW,  WHEELCHAIRS  OR
 OTHER  ELECTRICALLY  DRIVEN  MOBILITY  ASSISTANCE  DEVICES AS DEFINED IN
 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.

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