NY State Assembly Bill 2023-A7938

Assembly Bill A7938

2023-2024 Legislative Session

Requires businesses that use bicycles with electric assist to require certain employees to watch an online safety course video

download bill text pdf

Current Bill Status - In Assembly 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Aug 04, 2023	referred to transportation

co-Sponsors

2023-A7938 (ACTIVE) - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1244, V & T L

2023-A7938 (ACTIVE) - Summary

Requires businesses that use bicycles with electric assist to require certain employees to watch an online safety course video once per year.

2023-A7938 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7938
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 4, 2023
                                ___________
 
 Introduced  by M. of A. BORES -- 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.
                                                            LBD11932-04-3

 A. 7938                             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.

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Assembly Bill A7938

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BORES