Help Oppose Oklahoma SB 1374

In January 2018, Oklahoma State Senator Jason Smalley introduced SB 1374: Dockless Bicycle Sharing in the Oklahoma Senate. NABSA has been monitoring this bill. Originally, the bill did not include any preemption language. Preemption language was added to the bill and rushed through committee during the final days of February, where it passed with a minor amendment. It will likely be brought to the Senate floor in March.

Now in Florida and Oklahoma, similar legislation may be introduced in your own states. NABSA encourages you to be on watch for similar bills in your states.

NABSA invites all of our members and allies to sign on to the letter of opposition that we will be sending to the Oklahoma Senate.

This bill is problematic because:

  • It preempts local control over bikeshare implementation
  • It preempts local control over the public right of way
  • It preempts local control over safety standards
  • It does not outline sufficient safety standards for shared public-use bicycles
  • It  preempts local control over bikeshare operational requirements
  • It does not outline sufficient operational requirements
  • It does not address privacy protection of sensitive customer data

The bill seeks to preempt local governmental power to make decisions about bikeshare issues. These issues include safety, equipment quality and life cycle, maintenance, rebalancing, customer service, fleet size, user data privacy, and other critical policies. 

Talking Points for Why Local Control of Bikeshare Implementation Is Necessary

  • It is the local decision-makers that know the needs of their citizens and city streets! Bikeshare is not a one-size-fits-all. Opportunities and obstacles in each jurisdiction’s right-of-way, as well as travel patterns and needs of citizens are different in each place. It is local authorities that know their communities best and are positioned to create reasonable standards for bikeshare implementation; their ability to regulate their jurisdiction should not be restricted.

 

  • The burden of cost and oversight is at the local level, therefore local jurisdictions need to have a say in how they will be impacted. We have seen that in cities where bikeshare is in operation, costs are incurred by a City due to administrative oversight, permit review, monitoring, safety inspection, managing requests or complaints and removal of derelict bicycles. As each community has different capacities for bikeshare management, local jurisdictions must have control over the level of burden and have the opportunity to recoup these costs from the for-profit bikeshare vendor(s).

 

  • Local decision-makers must have the ability to manage the public right-of-way in adherence to ADA and other equity and safety ordinances. Taking decision-making power away from local authorities may inhibit their ability to make sure their communities comply with local, state and federal regulations.

 

  • Bikeshare has been successful in hundreds of cities and towns across the country because of strong local involvement. This bill handicaps Florida municipalities by preventing them from protecting the safety and welfare of their citizens. The requirements outlined in this bill are insufficient and don’t meet actual safety needs.

More you can do:

  • Monitor your State Legislature for bills related to bikeshare
    • Register for bill tracking to keep alerted as legislation arises
  • Contact your legislators about your priorities, and understand which other organizations might be doing the same.  Consider:
    • Other bikeshare operators
    • Municipalities or organizations who have an interest in bikeshare
    • Professional Lobbying firms
      • For information on lobbying firms, try searching Your State Secretary of State Website.
  • Keep in touch with NABSA to

NABSA advocates for what is good for the entire bikeshare industry.  Legislation that benefits one player while harming the rest, goes against our Code of Conduct and is not something that NABSA supports.

Read the Letter