NY State Senate Bill 2021-S110

Senate Bill S110

2021-2022 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 05, 2022	referred to consumer protection
Jan 06, 2021	referred to consumer protection

2021-S110 (ACTIVE) - Details

See Assembly Version of this Bill:: A786
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
2019-2020: S4621, A4990
2023-2024: S946

2021-S110 (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.

2021-S110 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S110

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 1 of section 399-ggg requires persons,
firms or corporations 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" is defined as a
bicycle 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.  Subdivision 3 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 considered "motor vehicles" by New York
law. Like motor vehicles, electric assisted bicycles cannot be operated
unless they have license plates, are registered with the state, 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 governing their use.  This bill requires that
electric bicycle packaging have a label 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:

2019-20: 5.4621 (Thomas) / A.4990 (Seawright) - Referred to Consumer
Protection.

2017-18: 5.5482 (O'Mara) / A.6960 (Seawright) - Referred to Consumer
Protection.

 
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.

2021-S110 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    110
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02303-01-1

 S. 110                              2
 
 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.
   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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