S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9004
 
                             I N  S E N A T E
 
                            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:

   Section 1. The opening paragraph of section 102-c of the  vehicle  and
 traffic  law, as added by section 1 of part XX of chapter 58 of the laws
 of 2020, is amended to read as follows:
   A bicycle which is no more than [thirty-six]  FIFTY-FIVE  inches  wide
 and  has  an  electric  motor  of  less  than seven hundred fifty watts,
 equipped with operable pedals, meeting the equipment  and  manufacturing
 requirements for bicycles adopted by the Consumer Product Safety Commis-
 sion  under  16 C.F.R. Part 1512.1 et seq.  and meeting the requirements
 of one of the following three classes:
   § 2. Subdivision 2 of section 1243 of the vehicle and traffic law,  as
 added  by  section  8  of  part XX of chapter 58 of the laws of 2020, is
 amended to read as follows:
   2. Notwithstanding any other provision of law  to  the  contrary,  all
 trip  data,  personal  information,  images,  videos, and other recorded
 images collected by any shared bicycle system  or  shared  bicycle  with
 electric  assist  system  which  is authorized to operate within a city,
 town or village pursuant to this section: (a) shall be for the exclusive
 use of such shared bicycle or shared bicycle with electric assist system
 and shall not be sold, distributed, or otherwise made available for  any
 commercial  purpose  and  (b)  shall  not be disclosed or otherwise made
 accessible except (i) to the person who is the  subject  of  such  data,
 information  or  record;  or  (ii)  if necessary to comply with a lawful
 court order, judicial warrant signed by a judge  appointed  pursuant  to
 article  III of the United States constitution, or subpoena for individ-
 ual data, information or records properly issued pursuant to the  crimi-
 nal  procedure law or the civil practice law and rules. Provided, howev-
 er, that nothing contained in this paragraph shall be deemed to preclude
 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
 
 purpose of administering such authorized shared system OR  THE  EXCHANGE
 OF ANONYMIZED TRIP AND USER DEMOGRAPHIC DATA FOR THE PURPOSE OF MANAGING
 THE PUBLIC RIGHT OF WAY. For the purposes of this subdivision, "personal
 information"  shall  mean  information  that  identifies  an individual,
 including but not limited to name, address, telephone  number,  and  the
 type  and  form  of  payment  including  credit  card number, debit card
 number, or other payment method.
   § 3 Paragraph b of subdivision 10 of section 1282 of the  vehicle  and
 traffic law, as added by section 10 of part XX of chapter 58 of the laws
 of 2020, is amended to read as follows:
   (b)  Notwithstanding  any  other provision of law to the contrary, all
 trip data, personal information,  images,  videos,  and  other  recorded
 images  collected by any shared electric scooter system which is author-
 ized to operate within a city, town or village pursuant to this section:
 (i) shall be for the exclusive  use  of  such  shared  electric  scooter
 system  and  shall  not be sold, distributed or otherwise made available
 for any commercial purpose and (ii) shall not be disclosed or  otherwise
 made  accessible  except:  (1)  to the person who is the subject of such
 data, information or record; or (2) if necessary to comply with a lawful
 court order, judicial warrant signed by a judge  appointed  pursuant  to
 article  III of the United States constitution, or subpoena for individ-
 ual data, information or records properly issued pursuant to the  crimi-
 nal  procedure law or the civil practice law and rules. Provided, howev-
 er, that nothing contained in this paragraph shall be deemed to preclude
 the exchange of such data, information or recorded images solely for the
 purpose of administering such authorized shared system OR  THE  EXCHANGE
 OF ANONYMIZED TRIP AND USER DEMOGRAPHIC DATA FOR THE PURPOSE OF MANAGING
 THE PUBLIC RIGHT OF WAY.
   For  the  purposes  of  this subdivision, "personal information" shall
 mean information that identifies an individual, including but not limit-
 ed to name, address, telephone number, and the type and form of  payment
 including  credit card number, debit card number, or other payment meth-
 od.
   § 4. This act shall take effect immediately.