S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9664
 
                           I N  A S S E M B L Y
 
                              March 27, 2024
                                ___________
 
 Introduced  by M. of A. ALVAREZ -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law,  in  relation  to  electric
   scooters and bicycles with electric assist; and to amend the executive
   law, in relation to establishing the safe streets bureau
 
   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 "take back our streets act".
   § 2. Section 410 of the vehicle and traffic law, as amended by chapter
 459  of the laws of 1970, subdivision 3 as amended by chapter 466 of the
 laws of 2013, subdivision 4 as amended by chapter 137  of  the  laws  of
 1989,  subdivision  5  as amended by chapter 435 of the laws of 1997 and
 paragraph a of subdivision 5 as amended by section 2 of part UU of chap-
 ter 59 of the laws of 2018, is amended to read as follows:
   § 410. Registration of motorcycles, MOPED, ELECTRIC SCOOTERS AND BICY-
 CLES WITH ELECTRIC ASSIST; fees; renewals. 1. Registration by owners. No
 motorcycles, MOPEDS, ELECTRIC SCOOTERS OR BICYCLES WITH ELECTRIC  ASSIST
 shall be operated or driven upon the public highways of this state with-
 out  first  being  registered  in accordance with the provisions of this
 article, except as otherwise expressly provided in this chapter.
   Every owner of a motorcycle, MOPED, ELECTRIC SCOOTER OR  BICYCLE  WITH
 ELECTRIC  ASSIST which shall be operated or driven upon the public high-
 ways of this state shall, except as otherwise expressly provided,  cause
 to  be  filed, by mail or otherwise, in the office or a branch office of
 the commissioner, or with an agent of the commissioner,  constituted  as
 provided  in this chapter, an application for registration, addressed to
 the commissioner, and on a blank to be prepared under the  direction  of
 and furnished by the commissioner for that purpose, containing:
   (a)  A brief description of the motorcycle, MOPED, ELECTRIC SCOOTER OR
 BICYCLE WITH ELECTRIC ASSIST to be registered, including the name of the
 manufacturer and factory number of such vehicle;  (b)  the  name,  resi-
 dence, including county and business address of the owner of such motor-
 cycle, MOPED, ELECTRIC SCOOTER OR BICYCLE WITH ELECTRIC ASSIST.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14152-01-4
 A. 9664                             2
 
   2.  Registration  record. Upon the receipt of a sufficient application
 for registration, as provided in this article, the commissioner or agent
 receiving it shall register such motorcycle, MOPED, ELECTRIC SCOOTER  OR
 BICYCLE  WITH ELECTRIC ASSIST, and maintain a record of the registration
 of  such  motorcycle,  MOPED,  ELECTRIC SCOOTER OR BICYCLE WITH ELECTRIC
 ASSIST under the distinctive number assigned to such motorcycle,  MOPED,
 ELECTRIC  SCOOTER  OR  BICYCLE WITH ELECTRIC ASSIST, as provided in this
 section, and the information in such record may be obtained upon payment
 of the fees specified in section two hundred two of this chapter.
   3. Certificate of registration. a. Upon the filing of such application
 and the payment of the fee hereinafter provided, the commissioner  shall
 assign to such motorcycle, MOPED, ELECTRIC SCOOTER OR BICYCLE WITH ELEC-
 TRIC  ASSIST a distinctive number and, without expense to the applicant,
 issue and deliver in such manner as the commissioner may select  to  the
 owner  a  certificate  of registration, in such form as the commissioner
 may prescribe, and a number plate at a place within  the  state  of  New
 York  named  by the applicant in his OR HER application. In the event of
 the loss, mutilation or destruction of any certificate  of  registration
 or  number plate, the owner of a registered vehicle may file such state-
 ment and proof of the facts as the commissioner shall  require,  with  a
 fee  of three dollars, in the office of the commissioner, or, unless and
 until the commissioner shall otherwise direct,  in  the  office  of  the
 agent who issued the certificate or plate and the commissioner or his OR
 HER agent, as the case may be, shall issue a duplicate or substitute. No
 application  for  registration shall be accepted unless the applicant is
 at least sixteen years of age.
   b. Upon the issuance of a certificate of registration, the commission-
 er shall provide the owner of such vehicle with a notice  regarding  the
 laws  governing unidentifiable motorcycle parts, in such form and manner
 as the commissioner may prescribe.
   C. UPON THE ISSUANCE OF A CERTIFICATE OF REGISTRATION, THE COMMISSION-
 ER SHALL PROVIDE THE OWNER OF SUCH VEHICLE WITH A NOTICE  REGARDING  THE
 LAWS GOVERNING MOTORCYCLES, MOPEDS, ELECTRIC  SCOOTERS AND BICYCLES WITH
 ELECTRIC  ASSIST,  IN  SUCH  FORM  AND  MANNER  AS  THE COMMISSIONER MAY
 PRESCRIBE.
   4. Times for registration and reregistration. Registration applied for
 and certificates issued under any application shall  expire  on  a  date
 determined  by  the  commissioner. Registration shall be renewed period-
 ically in the same manner and upon payment of the  same  annual  fee  as
 provided  in this section for registration, to take effect and to expire
 on dates to be determined by the commissioner. Provided,  however,  that
 the  commissioner  shall  have  authority  to fix the length of time for
 which any such vehicle which is registered without fee shall  be  regis-
 tered.  Provided further, however, that renewal of a registration may be
 used preceding the expiration date of such registration  including  such
 expiration date.
   5.  Registration fees.  a. The annual fee for registration or reregis-
 tration of a motorcycle shall be eleven dollars and fifty cents.  Begin-
 ning  April  first,  nineteen  hundred  ninety-eight  the annual fee for
 registration or  reregistration  of  a  motorcycle  shall  be  seventeen
 dollars and fifty cents.
   b.  THE  ANNUAL  FEE FOR REGISTRATION OR REREGISTRATION OF A MOPED, AN
 ELECTRIC SCOOTER OR BICYCLE WITH ELECTRIC ASSIST  SHALL  BE  TWENTY-FIVE
 DOLLARS.
   C.  Where a registration is made for a period of more or less than one
 calendar  year,  the  registration  fee  shall  not  be  prorated.   The
 A. 9664                             3
 
 provisions hereof with respect to the payment of registration fees shall
 not apply to motorcycles owned or controlled by the state, a city, coun-
 ty,  village  or  town  or any of the departments thereof, or any school
 district  or county extension service association, but in other respects
 shall be applicable.
   6. Fees in lieu of taxes. The registration fees imposed by this  arti-
 cle  upon such vehicles shall be in lieu of all taxes, general or local,
 to which motorcycles, MOPEDS, ELECTRIC SCOOTERS OR BICYCLES  WITH  ELEC-
 TRIC ASSIST may be subject.
   6-A. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF TRANS-
 PORTATION,  SHALL  BE  RESPONSIBLE  FOR  CREATING  A PUBLIC OUTREACH AND
 EDUCATION CAMPAIGN INFORMING THE PUBLIC CONCERNING THE STATUTORY  REGIS-
 TRATION REQUIREMENTS FOR MOTORCYCLES, MOPEDS, ELECTRIC SCOOTERS OR BICY-
 CLES WITH ELECTRIC ASSIST.
   7.  "Motorcycle"  as  used  in this section shall mean a motorcycle as
 defined by section one hundred twenty-three of this chapter.
   8. "ELECTRIC  SCOOTER" AS USED IN THIS SECTION SHALL MEAN A MOTORCYCLE
 AS DEFINED BY SECTION ONE HUNDRED FOURTEEN-E OF THIS CHAPTER.
   9. "BICYCLE WITH ELECTRIC ASSIST" AS USED IN THIS SECTION SHALL MEAN A
 MOTORCYCLE AS DEFINED BY SECTION ONE HUNDRED TWO-C OF THIS CHAPTER.
   10. "MOPED" AS USED IN THIS SECTION SHALL MEAN A LIMITED USE  MOTORCY-
 CLE AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THIS CHAPTER.
   § 3. Section 410-a of the vehicle and traffic law, as added by chapter
 435  of  the laws of 1997 and subdivision 2 as amended by chapter 253 of
 the laws of 2008, is amended to read as follows:
   § 410-a. Motorcycle, MOPED, ELECTRIC  SCOOTER AND BICYCLE  WITH  ELEC-
 TRIC  ASSIST  safety  program.  1.  The commissioner shall establish and
 administer a motorcycle, MOPED, ELECTRIC  SCOOTER AND BICYCLE WITH ELEC-
 TRIC ASSIST safety program which shall consist  of  approved  motorcycle
 rider  training  courses, motorcycle course instructor training, program
 promotion, and public awareness. Approved rider training  courses  shall
 meet  nationally  recognized  standards  for motorcycle, MOPED, ELECTRIC
 SCOOTER AND BICYCLE WITH ELECTRIC  ASSIST  rider  training  courses,  or
 standards  for  motorcycle,  MOPED,  ELECTRIC   SCOOTER AND BICYCLE WITH
 ELECTRIC ASSIST rider safety programs which are approved by the  depart-
 ment  and are comparable to the standards of the motorcycle safety foun-
 dation's motorcycle rider safety program. Approved courses shall include
 at least eight hours of instruction in the actual operation of a  motor-
 cycle, MOPED, ELECTRIC  SCOOTER AND BICYCLE WITH ELECTRIC ASSIST. Monies
 from  the motorcycle safety fund established pursuant to section ninety-
 two-g of the state finance law shall be used for the  establishment  and
 implementation of this program.
   2.  The commissioner shall issue a request for proposals for the coor-
 dination of a motorcycle, MOPED, ELECTRIC    SCOOTER  AND  BICYCLE  WITH
 ELECTRIC  ASSIST  safety  program  which  shall set requirements for the
 preparation of bids. The commissioner shall enter into a contract, for a
 period of five years, with a motorcycle, MOPED, ELECTRIC    SCOOTER  AND
 BICYCLE  WITH  ELECTRIC  ASSIST rider training coordinating organization
 selected pursuant to such process. The contract shall be awarded follow-
 ing the consideration of factors which shall include, but not be limited
 to, the most favorable financial advantage for the state,  the  greatest
 utility  to the motorcyclist, the comprehensiveness and effectiveness of
 such organization and its compatibility with the existing  rider  educa-
 tion  programs.    The motorcycle, MOPED, ELECTRIC   SCOOTER AND BICYCLE
 WITH ELECTRIC ASSIST rider training coordination organization  shall  be
 subject to periodic reporting requirements established by the department
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 outlining  the  administration  and  effectiveness of its program and an
 itemization of all motorcycle safety fund allocations. Such  motorcycle,
 MOPED, ELECTRIC  SCOOTER AND BICYCLE WITH ELECTRIC ASSIST rider training
 coordinating  organization shall have at least three years experience in
 the administration of a statewide motorcycle, MOPED, ELECTRIC    SCOOTER
 AND  BICYCLE  WITH  ELECTRIC ASSIST rider education program, and have as
 its administrator an individual who  has  no  financial  or  proprietary
 interest  in  a  motorcycle,  MOPED, ELECTRIC   SCOOTER AND BICYCLE WITH
 ELECTRIC ASSIST training school or facility.
   3. The motorcycle, MOPED, ELECTRIC  SCOOTER AND BICYCLE WITH  ELECTRIC
 ASSIST  rider  training  coordinating  organization  shall submit to the
 commissioner for approval requests for advances pursuant to  a  contract
 and  reimbursements from the motorcycle safety fund for equipment, oper-
 ating and administrative costs and other expenses necessary to carry out
 the provisions of this section. The commissioner shall approve all  such
 requests  for expenditures that are in accordance with the provisions of
 this section.
   4. The commissioner shall annually file a report on expenditures  from
 the motorcycle safety fund, established pursuant to section ninety-two-g
 of  the  state  finance  law,  with  the  legislature. Such report shall
 include the name of the funded motorcycle, MOPED, ELECTRIC  SCOOTER  AND
 BICYCLE  WITH  ELECTRIC  ASSIST rider training coordinating organization
 and the amount of funds distributed to it and shall  provide  an  evalu-
 ation of the overall effectiveness of the funded programs and any recom-
 mendations for programmatic changes.
   §  4. Section 411 of the vehicle and traffic law is amended to read as
 follows:
   § 411. Distinctive number; form of number plates. 1. No  person  shall
 operate  or  drive a motorcycle, MOPED OR ELECTRIC SCOOTER on the public
 highways of this state unless such motorcycle, MOPED OR ELECTRIC SCOOTER
 shall have a distinctive number assigned to it by the commissioner and a
 number plate issued by the commissioner with a number  corresponding  to
 that  of  the certificate of registration conspicuously displayed on the
 rear of such motorcycle MOPED OR ELECTRIC SCOOTER, securely fastened  so
 as to prevent the same from swinging.
   2.  Such  number  plates  shall  be of such material, form, design and
 dimensions and contain or set forth such distinguishing number or  other
 identification  marks  as  the  commissioner  shall prescribe, provided,
 however, that there shall be at all times a marked contrast between  the
 color  of the number plates and that of the numerals or letters thereon,
 and provided further that no motorcycle, MOPED OR ELECTRIC SCOOTER shall
 display the number plates of more than one state at a  time,  nor  shall
 any plate be used other than those issued by the commissioner.
   3.  No  person  shall operate or drive a motorcycle, MOPED OR ELECTRIC
 SCOOTER upon the public highways of this state having displayed  thereon
 a number plate not proper for such motorcycle, MOPED OR ELECTRIC SCOOTER
 under  the  provisions  of  this  chapter  and, upon conviction for this
 offense, the number plate shall be surrendered to the court for delivery
 to the commissioner.
   4. No person shall knowingly authorize or permit a number plate issued
 for a motorcycle, MOPED OR ELECTRIC SCOOTER owned and registered by  him
 OR  HER to be displayed on any motorcycle other than a motorcycle, MOPED
 OR ELECTRIC SCOOTER to which such number plate has been assigned by  the
 commissioner,  or  upon which such number plate may legally be displayed
 under a temporary certificate of registration issued by a  dealer  under
 the provisions of section four hundred twenty of this [chapter] TITLE.
 A. 9664                             5
 
   § 5. Section 412 of the vehicle and traffic law, as amended by chapter
 61 of the laws of 1989, is amended to read as follows:
   § 412. Punishment  for  violation.  1.  The  violation  of  any of the
 provisions of  section  four  hundred  ten  of  this  [chapter]  ARTICLE
 PERTAINING TO MOTORCYCLES shall be punishable by a fine of not less than
 fifty nor more than two hundred dollars, or by imprisonment for not more
 than  fifteen days, or by both such fine and imprisonment except, if the
 violation consists of failure to renew a registration  which  was  valid
 within  sixty days, the fine shall be not less than twenty-five dollars.
 A violation of any of the provisions of section four hundred  eleven  of
 this  [chapter] ARTICLE PERTAINING TO MOTORCYCLES shall be punishable by
 a fine of not less than twenty-five nor more than two hundred dollars or
 by imprisonment for not more than fifteen days, or by both such fine and
 imprisonment.
   2. THE VIOLATION OF ANY OF THE PROVISIONS OF SECTION FOUR HUNDRED  TEN
 OF  THIS  ARTICLE  PERTAINING  TO MOPEDS, ELECTRIC SCOOTERS, OR BICYCLES
 WITH ELECTRIC ASSIST SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN  TWO
 HUNDRED  NOR  MORE THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT FOR NOT
 MORE THAN THIRTY DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT EXCEPT,  IF
 THE  VIOLATION  CONSISTS  OF  FAILURE  TO RENEW A REGISTRATION WHICH WAS
 VALID WITHIN SIXTY DAYS, THE FINE SHALL BE NOT LESS THAN FIFTY  DOLLARS.
 A  VIOLATION  OF ANY OF THE PROVISIONS OF SECTION FOUR HUNDRED ELEVEN OF
 THIS ARTICLE PERTAINING TO MOPEDS OR ELECTRIC SCOOTERS SHALL BE PUNISHA-
 BLE BY A FINE OF NOT LESS THAN TWO HUNDRED NOR MORE  THAN  FIVE  HUNDRED
 DOLLARS  OR  BY  IMPRISONMENT  FOR NOT MORE THAN THIRTY DAYS, OR BY BOTH
 SUCH FINE AND IMPRISONMENT.
   § 6. The vehicle and traffic law is amended by adding  a  new  section
 2267-A to read as follows:
   §  2267-A.  PUNISHMENT  FOR  VIOLATION.  THE  VIOLATION  OF ANY OF THE
 PROVISIONS OF SECTION TWENTY-TWO HUNDRED  SIXTY-SEVEN  OF  THIS  ARTICLE
 SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN FIVE THOUSAND DOLLARS, OR
 BY IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS, OR BY BOTH SUCH FINE AND
 IMPRISONMENT.
   §  7.  The  vehicle and traffic law is amended by adding a new section
 1225-aa to read as follows:
   § 1225-AA. OPERATION OF MOPEDS, ELECTRIC SCOOTERS,  OR  BICYCLES  WITH
 ELECTRIC  ASSIST ON SIDEWALKS. 1. NO PERSON SHALL DRIVE MOPEDS, ELECTRIC
 SCOOTERS, OR BICYCLES WITH ELECTRIC ASSIST  ON  OR  ACROSS  A  SIDEWALK,
 EXCEPT  THAT  A MOPED, ELECTRIC SCOOTER, OR BICYCLE WITH ELECTRIC ASSIST
 MAY BE DRIVEN AT A REASONABLE SPEED, BUT NOT MORE THAN  FIVE  MILES  PER
 HOUR,  ON  OR  ACROSS A SIDEWALK IN SUCH MANNER AS NOT TO INTERFERE WITH
 THE SAFETY AND PASSAGE OF PEDESTRIANS THEREON, WHO SHALL HAVE THE  RIGHT
 OF WAY, WHEN IT IS REASONABLE AND NECESSARY:
   (A) TO GAIN ACCESS TO A PUBLIC HIGHWAY, PRIVATE WAY OR LANDS OR BUILD-
 INGS ADJACENT TO SUCH HIGHWAY OR WAY;
   (B)  IN  THE  CONDUCT OF WORK UPON A HIGHWAY, OR UPON A PRIVATE WAY OR
 LANDS OR BUILDINGS ADJACENT TO SUCH HIGHWAY OR WAY; OR
   (C) TO PLOW SNOW OR PERFORM ANY OTHER PUBLIC  SERVICE,  FOR  HIRE,  OR
 OTHERWISE,   WHICH  COULD  NOT  OTHERWISE  BE  REASONABLY  AND  PROPERLY
 PERFORMED.
   2. A VIOLATION OF THIS SECTION SHALL CONSTITUTE A CLASS A MISDEMEANOR.
   § 8. The executive law is amended by adding a new section 236 to  read
 as follows:
   §  236.  SAFE  STREETS BUREAU. 1. THE SUPERINTENDENT SHALL, WITHIN THE
 NEW YORK STATE POLICE,  CREATE  A  PATROL  AND  ENFORCEMENT  BUREAU  FOR
 MOPEDS,  ELECTRIC SCOOTERS AND BICYCLES WITH ELECTRIC ASSIST, AND ASSIGN
 A. 9664                             6
 
 TO IT MEMBERS OF THE NEW YORK STATE POLICE IN SUCH NUMBERS  AND  APPOINT
 TO  IT SUCH INVESTIGATIVE SPECIALISTS IN SUCH NUMBERS AS MAY BE REQUIRED
 FOR THE PURPOSE OF PREVENTING, INVESTIGATING AND DETECTING VIOLATIONS OF
 THE  CRIMINAL  LAWS  AND  VEHICLE  AND  TRAFFIC  LAWS  OF THE STATE, AND
 CONDUCTING SUCH OTHER INVESTIGATIONS AS MAY  BE  PROVIDED  FOR  BY  LAW.
 MEMBERS  OF  THE  STATE POLICE ASSIGNED OR APPOINTED TO THE SAFE STREETS
 BUREAU ARE EMPOWERED TO COOPERATE WITH MUNICIPAL POLICE  DEPARTMENTS  IN
 THE  INVESTIGATION  OF  VIOLATIONS OF LAWS WITHIN THIS STATE. THE SUPER-
 INTENDENT MAY, FROM TIME TO TIME, ESTABLISH HEADQUARTERS OR STATIONS  IN
 THE  CITY OF NEW YORK AS THEY SHALL DEEM MOST SUITABLE FOR THE EFFICIENT
 OPERATION OF THE SAFE STREETS BUREAU.
   § 9. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.