Assembly Bill A1254

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1254
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced by M. of A. BORES, SEAWRIGHT -- read once and referred to the
   Committee on Transportation
 
 AN  ACT to amend the vehicle and traffic law, in relation to creating an
   online safety course video for bicycles with electric assist
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Short title. This act shall be known and may be cited as
 the "electric bicycle instruction and knowledge ensures safety (E-BIKES)
 act".
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 1244 to read as follows:
   §  1244. ONLINE SAFETY COURSE VIDEO FOR BICYCLES WITH ELECTRIC ASSIST.
 1. BUSINESSES THAT USE BICYCLES WITH ELECTRIC ASSIST SHALL  REQUIRE  ALL
 EMPLOYEES  WHOSE JOBS INCLUDE OR COULD REASONABLY BE EXPECTED TO INCLUDE
 RIDING A BICYCLE WITH ELECTRIC ASSIST AND  ALL  INDEPENDENT  CONTRACTORS
 WHOSE  JOBS  INCLUDE OR COULD REASONABLY BE EXPECTED TO INCLUDE RIDING A
 BICYCLE WITH ELECTRIC ASSIST TO VIEW AN ONLINE SAFETY  COURSE  VIDEO  ON
 BICYCLES WITH ELECTRIC ASSIST, AS CREATED PURSUANT TO SUBDIVISION TWO OF
 THIS SECTION.
   2. (A) WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, THE
 DEPARTMENT  SHALL  BE  REQUIRED  TO  CREATE AND APPROVE AN ONLINE SAFETY
 COURSE VIDEO FOR BUSINESSES TO  PROVIDE  TO  ALL  EMPLOYEES  WHOSE  JOBS
 INCLUDE OR COULD REASONABLY BE EXPECTED TO INCLUDE RIDING A BICYCLE WITH
 ELECTRIC  ASSIST  AND  ALL INDEPENDENT CONTRACTORS WHOSE JOBS INCLUDE OR
 COULD REASONABLY BE EXPECTED TO INCLUDE RIDING A BICYCLE  WITH  ELECTRIC
 ASSIST PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   (B)  SUCH  VIDEO  SHALL  COVER TOPICS RELATED TO HOW TO SAFELY OWN AND
 OPERATE BICYCLES WITH ELECTRIC ASSIST, INCLUDING BUT NOT LIMITED TO  HOW
 TO OPERATE SUCH BICYCLES IN TRAFFIC AND SAFELY AROUND PEDESTRIANS, SAFE-
 LY  USING BATTERIES FOR SUCH BICYCLES, AND BEST PRACTICES FOR BUYING AND
 STORING SUCH BICYCLES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02267-01-5
              

 A. 1254                             2
 
   (C) THE DEPARTMENT SHALL MAKE SUCH VIDEO FREELY AND  EASILY  AVAILABLE
 ON THE DEPARTMENT'S WEBSITE.
   (D)  THE  DEPARTMENT SHALL REVIEW SUCH VIDEO NO LESS THAN EVERY TWELVE
 MONTHS IN ORDER TO ENSURE THAT ITS CONTENT REMAINS CONSISTENT WITH  BEST
 PRACTICES.  UPON COMPLETING EACH REVIEW, THE DEPARTMENT SHALL UPDATE THE
 VIDEO IN WHATEVER MANNER IS NECESSARY TO MAKE ITS CONTENT AND  RECOMMEN-
 DATIONS CONFORM TO CURRENT BEST PRACTICES.
   3.  IT SHALL BE UNLAWFUL FOR A BUSINESS TO ALLOW ANY EMPLOYEE OR INDE-
 PENDENT CONTRACTOR TO PERFORM A TASK FOR  SUCH  BUSINESS  THAT  INVOLVES
 RIDING  A  BICYCLE WITH ELECTRIC ASSIST, OR COULD REASONABLY BE EXPECTED
 TO INVOLVE RIDING A BICYCLE WITH ELECTRIC ASSIST, UNLESS  SUCH  EMPLOYEE
 OR  CONTRACTOR  HAS  VIEWED  THE  ONLINE  SAFETY COURSE VIDEO WITHIN THE
 PREVIOUS CALENDAR YEAR.
   4. THE ATTORNEY GENERAL SHALL BE AUTHORIZED TO IMPOSE A CIVIL  PENALTY
 OF  UP TO ONE THOUSAND DOLLARS ON A BUSINESS FOR EACH PERSON WHO HAS NOT
 VIEWED THE ONLINE SAFETY COURSE VIDEO WITHIN THE PREVIOUS CALENDAR  YEAR
 WHO  SUCH BUSINESS EMPLOYS OR CONTRACTS TO PERFORM A TASK THAT INVOLVES,
 OR COULD REASONABLY BE EXPECTED TO INVOLVE, RIDING A BICYCLE WITH  ELEC-
 TRIC ASSIST.  THE ATTORNEY GENERAL SHALL BE AUTHORIZED TO TAKE PROOF AND
 MAKE  A  DETERMINATION  OF  THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   § 3. This act shall take effect immediately; provided,  however,  that
 subdivisions  3 and 4 of section 1244 of the vehicle and traffic law, as
 added by section one of this act,  shall  take  effect  eighteen  months
 after this act shall have become a law.