Senate Bill S10700

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10700
 
                             I N  S E N A T E
 
                            September 14, 2026
                                ___________
 
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law and the vehicle traffic law, in
   relation to regulating the sale and marketing of E-motos and  electric
   off-highway motorcycles
 
   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  three  new
 sections 391-ccc, 391-cccc and 391-ccccc to read as follows:
   §  391-CCC.  SALE OF E-MOTOS AND ELECTRIC OFF-HIGHWAY MOTORCYCLES.  1.
 FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A) "E-MOTO" SHALL MEAN ANY DEVICE THAT IS EQUIPPED WITH A MOTOR CAPA-
 BLE  OF  PROPELLING  THE  DEVICE  IN  EXCESS  OF  TWENTY MILES PER HOUR.
 "E-MOTO" SHALL NOT INCLUDE DEVICES EXPRESSLY  EXCLUDED  FROM  THE  DEFI-
 NITION  OF  MOTOR  VEHICLE  UNDER SECTION ONE HUNDRED TWENTY-FIVE OF THE
 VEHICLE AND TRAFFIC LAW OR DEVICES THAT ARE  ELIGIBLE  FOR  REGISTRATION
 UNDER THE VEHICLE AND TRAFFIC LAW.
   (B) "ELECTRIC OFF-HIGHWAY MOTORCYCLE" SHALL MEAN AN OFF-HIGHWAY MOTOR-
 CYCLE AS DEFINED BY SECTION ONE HUNDRED TWENTY-FIVE-A OF THE VEHICLE AND
 TRAFFIC  LAW  THAT  IS  PROPELLED  BY AN ELECTRIC MOTOR AND ELIGIBLE FOR
 REGISTRATION UNDER THE VEHICLE AND TRAFFIC  LAW,  WHETHER  OR  NOT  SUCH
 DEVICE IS EQUIPPED WITH PEDALS.
   2. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, BUSINESS, OR CORPORATION
 OPERATING AS AN ONLINE RETAILER OR AS A PHYSICAL RETAIL LOCATION IN THIS
 STATE,  SHALL  SELL,  OFFER FOR SALE AT RETAIL, OR RESELL ANY E-MOTOS IN
 THIS STATE.
   3. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, BUSINESS, OR CORPORATION
 OPERATING AS AN ONLINE RETAILER SHALL SELL, OFFER FOR SALE AT RETAIL, OR
 RESELL ANY ELECTRIC  OFF-HIGHWAY  MOTORCYCLE.  AN  ELECTRIC  OFF-HIGHWAY
 MOTORCYCLE  MAY  ONLY BE ADVERTISED, OFFERED FOR SALE OR SOLD BY AN ALL-
 TERRAIN VEHICLE DEALER PHYSICALLY LOCATED IN THIS STATE  AND  REGISTERED
 WITH  THE DEPARTMENT OF MOTOR VEHICLES.  ALL ELECTRIC OFF-HIGHWAY MOTOR-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16116-05-6
              

 S. 10700                            2
 
 CYCLES SOLD IN THIS STATE MUST BE  REGISTERED  WITH  THE  DEPARTMENT  OF
 MOTOR VEHICLES BY THE DEALER PRIOR TO DELIVERY TO THE PURCHASER.
   4.  (A) WHERE A VIOLATION OF THIS SECTION IS ALLEGED TO HAVE OCCURRED,
 THE ATTORNEY GENERAL MAY APPLY IN THE NAME OF THE PEOPLE OF THE STATE OF
 NEW YORK TO A COURT OF COMPETENT JURISDICTION, ON NOTICE OF  FIVE  DAYS,
 FOR  AN  ORDER ENJOINING OR RESTRAINING COMMISSION OR CONTINUANCE OF THE
 ALLEGED UNLAWFUL ACTS  AND,  WHERE  APPROPRIATE,  ORDER  RESTITUTION  TO
 AGGRIEVED  PARTIES.  IN  ANY  SUCH  PROCEEDING, THE COURT SHALL IMPOSE A
 CIVIL PENALTY IN AN AMOUNT  NOT  TO  EXCEED  ONE  THOUSAND  DOLLARS  PER
 VIOLATION,  PROVIDED  THAT  THE  COURT MAY RELIEVE THE DEFENDANT OF SUCH
 PENALTY UPON A SHOWING THAT (I) NO PRIOR  PROCEEDING  PURSUANT  TO  THIS
 SECTION  HAS BEEN BROUGHT AGAINST THE DEFENDANT OR THE DEFENDANT'S OFFI-
 CERS, OWNERS, EMPLOYEES, OR AGENTS, AND (II)  THE  DEFENDANT  HAS  TAKEN
 REASONABLE  AND  EFFECTIVE  MEASURES  TO  PREVENT SUCH VIOLATIONS IN THE
 FUTURE.
   (B) IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
 PURSUANT TO THIS SUBDIVISION, THE PROVISIONS  OF  THIS  SECTION  MAY  BE
 ENFORCED  BY  THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, OR BY
 THE TOWN ATTORNEY, CITY CORPORATION COUNSEL OR OTHER LAWFUL DESIGNEE  OF
 A  MUNICIPALITY  OR  LOCAL  GOVERNMENT, AND ALL MONIES COLLECTED THEREBY
 SHALL BE RETAINED BY SUCH MUNICIPALITY OR LOCAL GOVERNMENT.
   (C) EACH ITEM MANUFACTURED, IMPORTED, SOLD  OR  OFFERED  FOR  SALE  IN
 VIOLATION  OF  THIS  SECTION  SHALL  CONSTITUTE  A VIOLATION. EACH DAY A
 VIOLATION OF THIS SECTION  IS  CONTINUED  SHALL  CONSTITUTE  A  SEPARATE
 VIOLATION.
   §  391-CCCC.  SALE  OF  E-MOTOS  AND ELECTRIC OFF-HIGHWAY MOTORCYCLES;
 REQUIRED WARNINGS. 1. FOR THE PURPOSES OF THIS  SECTION,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "E-MOTO"  SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION THREE
 HUNDRED NINETY-ONE-CCC OF THIS ARTICLE.
   (B) "ELECTRIC OFF-HIGHWAY MOTORCYCLE" SHALL HAVE THE SAME  MEANING  AS
 DEFINED IN SECTION THREE HUNDRED NINETY-ONE-CCC OF THIS ARTICLE.
   2.  EVERY  PERSON,  SELLER,  BUSINESS, CORPORATION, OR ONLINE RETAILER
 SHALL CONSPICUOUSLY POST THE FOLLOWING NOTICE  IF  A  DEVICE  MEETS  THE
 DEFINITION  OF E-MOTO OR ELECTRIC OFF-HIGHWAY MOTORCYCLE, AND WHERE SUCH
 DEVICES ARE SOLD, DISPLAYED OR DELIVERED TO THE PURCHASER, INCLUDING BUT
 NOT LIMITED TO, AT THE POINT OF SALE FOR A BUSINESS OR ONLINE  RETAILER,
 IN  BOLD  PRINT IN THE SAME SIZE FONT AS THE PURCHASE PRICE AND SHALL BE
 DISPLAYED BEFORE AN INDIVIDUAL ATTEMPTS TO PURCHASE SUCH DEVICE:
   "WARNING: IT IS NOT LEGAL TO RIDE THIS DEVICE ON ANY PUBLIC HIGHWAY OR
 STREET UNDER NEW YORK STATE LAW.  IT IS NOT LEGAL TO SELL THIS DEVICE TO
 A PURCHASER IN NEW YORK STATE.  VIOLATIONS OF THE LAW MAY  RESULT  IN  A
 CIVIL PENALTY."
   3.  FAILURE  TO  COMPLY  WITH ANY PROVISION OF THIS SECTION SHALL BE A
 VIOLATION AND SUBJECT TO A CIVIL PENALTY OF NOT MORE  THAN  TWO  HUNDRED
 FIFTY  DOLLARS  FOR  THE  FIRST  OFFENSE  AND NOT MORE THAN ONE THOUSAND
 DOLLARS FOR EACH SUBSEQUENT OFFENSE.
   § 391-CCCCC. DECEPTIVE MARKETING OF E-MOTOS AND  ELECTRIC  OFF-HIGHWAY
 MOTORCYCLES.  1.  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ELECTRIC SCOOTER" SHALL HAVE  THE  SAME  MEANING  AS  DEFINED  IN
 SECTION ONE HUNDRED FOURTEEN-E OF THE VEHICLE AND TRAFFIC LAW.
   (B)  "E-BIKE"  MEANS  A  BICYCLE  WITH  ELECTRIC  ASSIST AS DEFINED IN
 SECTION ONE HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC LAW.
   (C) "OFF-HIGHWAY MOTORCYCLE" SHALL HAVE THE SAME MEANING AS DEFINED IN
 SECTION ONE HUNDRED TWENTY-FIVE-A OF THE VEHICLE AND TRAFFIC LAW.
 S. 10700                            3
 
   (D) "E-MOTO" SHALL HAVE THE SAME MEANING AS DEFINED IN  SECTION  THREE
 HUNDRED NINETY-ONE-CCC OF THIS ARTICLE.
   (E)  "ELECTRIC  OFF-HIGHWAY MOTORCYCLE" SHALL HAVE THE SAME MEANING AS
 DEFINED IN SECTION THREE HUNDRED NINETY-ONE-CCC OF THIS ARTICLE.
   2. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO DIRECT-
 LY OR INDIRECTLY REPRESENT IN ANY MANNER, WHETHER BY  WRITTEN  SOLICITA-
 TION  OR  POSTED  VIA  ELECTRIC  MEANS, A FALSE, DECEPTIVE OR MISLEADING
 STATEMENT IN REGARD TO  MARKETING  DEVICES  SUCH  AS  E-MOTOS,  ELECTRIC
 SCOOTERS,  BICYCLES WITH ELECTRIC ASSIST, OR ELECTRIC OFF-HIGHWAY MOTOR-
 CYCLES. IT SHALL BE UNLAWFUL AND DECEPTIVE  MARKETING  TO  REPRESENT  OR
 MARKET  ANY  E-MOTO  OR  ELECTRIC  OFF-HIGHWAY MOTORCYCLE AS AN ELECTRIC
 SCOOTER, E-BIKE, OR OFF-HIGHWAY MOTORCYCLE UNLESS SUCH DEVICE MEETS  THE
 APPLICABLE  DEFINITION  OF SUCH A DEVICE AS SET FORTH IN SUBDIVISION ONE
 OF THIS SECTION.
   3. WHEREVER A VIOLATION OF THIS SECTION IS ALLEGED TO  HAVE  OCCURRED,
 THE ATTORNEY GENERAL MAY APPLY IN THE NAME OF THE PEOPLE OF THE STATE OF
 NEW YORK TO A COURT OF COMPETENT JURISDICTION, AND ON NOTICE OF NOT LESS
 THAN  FIVE  DAYS,  FOR  AN  ORDER ENJOINING OR RESTRAINING COMMISSION OR
 CONTINUANCE OF THE ALLEGED UNLAWFUL ACTS.  IN ANY SUCH  PROCEEDING,  THE
 COURT  SHALL  IMPOSE  A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS
 FOR EACH VIOLATION, OR UP TO ONE THOUSAND DOLLARS FOR EACH VIOLATION  IF
 THE  COURT  FINDS  THAT  THE  DEFENDANT KNOWINGLY VIOLATED THIS SECTION.
 EACH ITEM MANUFACTURED, IMPORTED, SOLD OR OFFERED FOR SALE IN  VIOLATION
 OF  THIS  SECTION  SHALL CONSTITUTE A VIOLATION. EACH DAY A VIOLATION OF
 THIS SECTION IS CONTINUED SHALL CONSTITUTE A SEPARATE VIOLATION.
   § 2. Subdivision 2 of section 511-c of the vehicle and traffic law, as
 added by chapter 607 of the laws of 1993, is amended to read as follows:
   2. Any motor vehicle which has been or is being used in  violation  of
 paragraph  (a)  of  subdivision  three of section five hundred eleven of
 this article, OR SOLD OR OFFERED FOR SALE IN VIOLATION OF SECTION  THREE
 HUNDRED NINETY-ONE-CCC OF THE GENERAL BUSINESS LAW, may be seized by any
 peace  officer, acting pursuant to [his or her] THEIR special duties, or
 police officer, and forfeited as hereinafter provided in this section.
   § 3. This act shall take effect immediately.