NY State Senate Bill 2019-S4621

Senate Bill S4621

2019-2020 Legislative Session

Relates to labeling requirements for electric assisted bicycles

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to consumer protection
Mar 15, 2019	referred to consumer protection

2019-S4621 (ACTIVE) - Details

See Assembly Version of this Bill:: A4990
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-ggg, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A6960
2021-2022: S110, A786
2023-2024: S946

2019-S4621 (ACTIVE) - Summary

Prohibits the sale of electric assisted bicycles unless the packaging contains a notice stating that the operation of such electric assisted bicycle on any public highway, road or sidewalk may be unlawful.

2019-S4621 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4621         Revised 1/7/2020

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the general business law, in relation to labeling
requirements for electric assisted bicycles

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to increase consumer awareness that electric
assisted bicycles may not be allowed on public highways, roads or side-
walks.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends the general business law by adding a new
section, 399-ggg.

- Subdivision one of section 399-ggg requires persons, firms or corpo-
rations who sell electric assisted bicycles in a retail venue to include

a printed label on the package of the bicycle that indicates the use of
such bicycle may be unlawful in certain settings.

- Subdivision 2 of section 399-ggg provides the definitions of "Public
highway", "sidewalk", which are consistent with their definitions in the
vehicle and traffic law. "Electric assisted bicycle" defined as a bicy-
cle with two or three wheels that has a saddle, fully operated pedals
and an electric motor that has a power output of less than seven hundred
fifty watts and a max speed of twenty miles per hour when ridden on a
paved level surface by a 170 pound rider, respectively.

- Subdivision three of section 399-ggg provides for civil penalties
associated with violating this section, which are a maximum of five
hundred dollars.

Section 2 of this bill states the effective date, which is the one
hundred and eightieth day after this bill becomes a law.

 
JUSTIFICATION:

Electric assisted bicycles are deemed to be "motor vehicles" by New York
law, and as such they cannot be operated unless they have license
plates, are registered with the state, and are insured and meet all the
equipment requirements of a motor vehicle. Electric bicycles are quite
popular in New York State, and if they are legalized, their usage will
likely increase. Because electric bicycles are a recently adopted mode
of transportation, many New Yorkers are unfamiliar with the laws govern-
ing their use.

This bill requires that electric bicycle packaging be labeled with a
notice that reminds consumers that electric bicycles may be illegal to
use in certain settings. These labels will promote compliance with New
York law, which will in turn protect users of electric bicycles and the
public.

 
PRIOR LEGISLATIVE HISTORY:

2018: A6960-B - Passed Assembly; delivered. to Senate, referred to Rules
2017: A6960-A/S5482-A - Referred to Codes

2017: A6960/S5482 - Referred to Consumer Affairs and Protection; Amend
and Recommit

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to state or local governments.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred and eightieth day after it
shall have become a law.

2019-S4621 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4621
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2019
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the  general  business  law,  in  relation  to  labeling
   requirements for electric assisted bicycles
 
   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
 399-ggg to read as follows:
   § 399-GGG. LABELING OF ELECTRIC ASSISTED BICYCLES. 1. NO PERSON, FIRM,
 OR CORPORATION SHALL SELL OR OFFER  FOR  SALE  AT  RETAIL  ANY  ELECTRIC
 ASSISTED  BICYCLE  UNLESS  THERE IS PRINTED ON THE PACKAGE IN WHICH SUCH
 ELECTRIC ASSISTED BICYCLE IS SOLD OR  OFFERED  FOR  SALE  A  CONSPICUOUS
 NOTICE  STATING  "THE  OPERATION OF ELECTRIC ASSISTED BICYCLES ON PUBLIC
 HIGHWAYS, ROADS AND SIDEWALKS MAY BE UNLAWFUL.  PLEASE CHECK YOUR  STATE
 AND LOCAL LAWS, ORDINANCES, RULES AND REGULATIONS REGARDING USE OF  THIS
 ELECTRIC ASSISTED BICYCLE ON PUBLIC HIGHWAYS, ROADS AND SIDEWALKS."
   2.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "PUBLIC HIGHWAY" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
 ONE HUNDRED THIRTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
   (B) "SIDEWALK" SHALL HAVE THE SAME MEANING AS DEFINED IN  SECTION  ONE
 HUNDRED FORTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
   (C) "ELECTRIC ASSISTED BICYCLE" SHALL MEAN A BICYCLE WITH TWO OR THREE
 WHEELS  WHICH  HAS A SADDLE AND FULLY OPERATIVE PEDALS FOR HUMAN PROPUL-
 SION AND ALSO HAS AN ELECTRIC MOTOR.  THE  ELECTRIC  ASSISTED  BICYCLE'S
 ELECTRIC  MOTOR  SHALL:  HAVE  A POWER OUTPUT OF LESS THAN SEVEN HUNDRED
 FIFTY WATTS; HAVE A MAXIMUM SPEED OF LESS THAN TWENTY MILES PER HOUR  ON
 A  PAVED  LEVEL SURFACE WHEN POWERED SOLELY BY SUCH A MOTOR WHILE RIDDEN
 BY AN OPERATOR WHO WEIGHS ONE HUNDRED SEVENTY POUNDS; AND  BE  INCAPABLE
 OF  FURTHER  INCREASING THE SPEED OF THE DEVICE WHEN HUMAN POWER IS USED
 TO PROPEL THE DEVICE AT OR MORE THAN TWENTY MILES PER HOUR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09313-01-9

 S. 4621                             2
 
   3. ANY VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENAL-
 TY NOT TO EXCEED FIVE HUNDRED DOLLARS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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