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HCS/SS/SB 176 - This act enacts provisions relating to electronic devices. FOOD DELIVERY PLATFORMS (Section 196.276) This act requires food delivery platforms, as defined in the act, to register with the Secretary of State prior to taking or arranging food pickup or delivery from a restaurant, as defined in the act. (Section 196.276.2(1)). No food delivery platform shall: use a restaurant's likeness, mark, or trade name in a manner that could reasonably be interpreted to falsely suggest sponsorship or endorsement by the restaurant; without an agreement with the restaurant, intentionally inflate or alter a restaurant's pricing, although other charges may be assessed to the consumer if noted separately; or, without an agreement with the restaurant, attempt to charge the restaurant to pay or absorb any fee, commission, or charge. Food delivery platforms shall remove a restaurant from its platform within 10 days of receiving the restaurant's request for removal, unless an agreement between the food delivery platform and restaurant states otherwise, and shall clearly provide to the consumer a mechanism to express order concerns directly to the food delivery platform. (Section 196.276.2(2)). Any agreement between a food delivery platform and a restaurant to take and arrange for delivery or pickup of orders shall: be in writing and expressly authorize the food delivery platform to take and arrange for delivery or pickup of orders from the restaurant; and clearly identify any fee, commission, or charge the restaurant will be required to absorb. Any such agreement shall not include any provision or clause requiring the restaurant to indemnify a food service platform, employee, contractor, or agent thereof, for any damages or harm caused by the platform, employee, contractor, or agent. (Section 196.276.2(3)). Any provision or clause of an agreement or in written consent contrary to these requirements shall be void and unenforceable. (Section 196.276.2(4)). The act provides that restaurants may bring action to enjoin a violation of the act. If the court finds a violation, the court shall issue an injunction, and may require the violator to pay to the injured party all profits derived from, or damages resulting from, the wrongful acts, and order that the wrongful acts be terminated. The act further provides that the court may order a food delivery platform acting in bad faith to pay reasonable attorney's fees and up to 3 times the amount of profits and damages. (Section 196.276.3). These provisions are subject to an emergency clause. (Section B). ELECTRIC BICYCLES (Sections 300.010, 301.010, 302.010, 303.020, 304.001, 307.025, 307.180, 307.188, 307.193, 307.194, 365.020, 407.560, 407.815, 407.1025, and 578.120) This act creates a definition for electric bicycles of three classifications, and excludes electric bicycles from definitions for other types of vehicles. The act exempts electric bicycles from certain vehicle lighting requirements (section 307.025), and provides that operators of electric bicycles and shall have the same rights, duties, and responsibilities as operators of other vehicles (section 307.188). Electric bicycles operated by a person under the age of 17 may be impounded in the same manner as bicycles and motorized bicycles. (Section 307.193). Except as otherwise specifically provided in the act, every person riding an electric bicycle shall be granted all of the rights and shall be subject to all of the duties applicable to the operator of a bicycle, and shall be considered a vehicle to the same extent as a bicycle. (Section 307.194.1). Electric bicycles and their operators are not subject to provisions of law applicable to motor vehicles, ATVs, off-road vehicles, off-highway vehicles, motor vehicle rentals, motor vehicle dealers or franchises, or motorcycle dealers or franchises, including with regard to vehicle registration, titling, drivers' licensing, and financial responsibility. (Section 307.194.2). Beginning August 28, 2021, manufacturers and distributors of electric bicycles shall apply a permanent label to each electric bicycle detailing certain information as described in the act. (Section 307.194.3). No person shall modify an electric bicycle's capabilities unless he or she replaces the required label with a new label indicating the new classification. (Section 307.194.4). Electric bicycles shall comply with equipment and manufacturing requirements under the federal law applicable to bicycles (section 307.194.5), and shall operate in a manner such that the electric motor does not function when the rider stops pedaling or applies the brakes (section 307.194.6). Electric bicycles may be operated in any place where bicycles are permitted to travel, provided that political subdivisions may regulate the operation of electric bicycles as provided in the act, and that these provisions shall not apply to a natural surface trail or other path designated as nonmotorized. (Section 307.194.7). The operation of a class 3 electric bicycle, as defined in the act, shall be limited to persons at least 16 years of age. Persons under the age of 16 may ride as a passenger, provided the electric bicycle is designed to accommodate passengers. (Section 307.194.8). The act also exempts electric bicycles from the prohibition against licensed vehicle dealers, distributors, and manufacturers operating a place of business for the sale or exchange of vehicles on Sunday. (Section 578.120.1(3)). These provisions are identical to provisions in HCS/HB 307 (2021), and similar to SB 38 (2021). PERSONAL DELIVERY DEVICES (Section 304.900) This act enacts provisions relating to personal delivery devices ("PDDs"), as defined in the act. PDDs may operate on sidewalks and crosswalks, and may operate on county or municipal roadways provided they do not unreasonably interfere with motor vehicles or traffic. (Section 304.900.2). PDDs shall not block public rights of way, shall obey traffic and pedestrian control signals, shall not exceed 10 miles per hour on a sidewalk, shall display a unique identification number, shall include a means of identifying the operator of the device, and shall be equipped with a system allowing the device to come to a controlled stop. (Section 304.900.3). PDDs operating on sidewalks shall have the same responsibilities as pedestrians. (Section 304.900.4). PDDs shall be exempt from motor vehicle registration requirements (Section 304.900.5), and shall maintain a general liability insurance policy of at least $100,000 (Section 304.900.6). PDDs operated at night shall be equipped with lighting as provided in the act. (Section 304.900.7). PDDs shall not be used to transport hazardous materials regulated by federal law as specified in the act. (Section 304.900.8). Nothing in this act shall prohibit a political subdivision from regulating the operation of PDDs on highways or pedestrian areas to insure the welfare and safety of its residents. However, political subdivisions shall not regulate the design, manufacture and maintenance of PDDs or the types of property they may transport. No political subdivision shall treat PDDs differently than other similar personal property for assessment or taxation purposes, or for other charges. (Section 304.900.9). The act prohibits PDD operators from selling or disclosing a personally identifiable likeness, as described in the act, to a third party in exchange for monetary compensation. Use of personally identifiable likenesses by PDD operators to improve their products or services is specifically allowed under the act, and information that would otherwise be protected under the act shall only be provided to a law enforcement entity by subpoena. (Section 304.900.10). These provisions are identical to HCS/HB 592 (2021) and similar to HCS/HB 2290 (2020). ERIC VANDER WEERD
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