Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 441 Second Substitute (2024GS)

Sponsor

Rep. Thurston, N.  (Thurston’s own bill)

Final action

Governor Signed 3/20/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• establishes a registration process for a novel vehicle;
• provides a process for an individual to appeal to the State Tax Commission to review a novel vehicle registration determination; and
• requires the State Tax Commission to provide an annual report to the Transportation Interim Committee regarding the registration of novel vehicles.

Every vote on this bill

Bill text

REGISTRATION OF NOVEL VEHICLES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends Title 41, Motor Vehicles, in relation to novel vehicles.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ establishes a registration process for a novel vehicle;
▸ provides a process for an individual to appeal to the State Tax Commission to
review a novel vehicle registration determination; and
▸ requires the State Tax Commission to provide an annual report to the Transportation
Interim Committee regarding the registration of novel vehicles. 
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
41-1a-201
, as last amended by Laws of Utah 2023, Chapter 532
ENACTS:
41-27-101
, Utah Code Annotated 1953
41-27-201
, Utah Code Annotated 1953
41-27-202
, Utah Code Annotated 1953
41-27-301
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-1a-201
 is amended to read:
41-1a-201.
Function of registration -- Registration required -- Penalty.
(1) Unless exempted, a person or automated driving system may not operate and an
owner may not engage an automated driving system, give another person permission to engage
an automated driving system, or give another person permission to operate a motor vehicle,
combination of vehicles, trailer, semitrailer, vintage vehicle, restored-modified vehicle,
off-highway vehicle, vessel, or park model recreational vehicle in this state unless it has been
registered in accordance with this chapter, [
Title 41, Chapter 22, Off-highway Vehicles
]
Chapter 22, Off-highway Vehicles
, 
Chapter 27, Novel Vehicle Registration,
 or Title 73,
Chapter 18, State Boating Act.
(2) Subject to Subsection 
53-8-209
(3), a violation of this section is an infraction.
(3) (a) In the event that materials are temporarily unavailable for registration items
required under Section 
41-1a-402
, the commission may delay initial vehicle registration or
renewal of vehicle registrations.
(b) In a circumstance described in Subsection (3)(a), a person does not violate
Subsection (1) for failure to register a vehicle during a delay period described in Subsection
(3)(a).
Section 2. Section 
41-27-101
 is enacted to read:
CHAPTER 27. NOVEL VEHICLE REGISTRATION
Part 1. General Provisions 
 41-27-101.
Definitions.
As used in this chapter:
(1) "Commission" means the State Tax Commission.
(2) "Division" means the Motor Vehicle Division.
(3) "Novel vehicle" means a vehicle:
(a) that is not expressly exempt from registration; and
(b) (i) that does not fit within a vehicle category;
(ii) with unique characteristics that make it unclear whether the vehicle fits within a
vehicle category; or
(iii) that a reasonable person would not consider the vehicle to be clearly included in an
existing vehicle category.
(4) "Vehicle" means a motor vehicle, combination of vehicles, trailer, semitrailer,
vintage vehicle, restored-modified vehicle, off-highway vehicle, vessel, or park model
recreational vehicle.
(5) (a) "Vehicle category" means a vehicle type:
(i) that is defined in this title or Title 73, Chapter 18, State Boating Act; and
(ii) for which registration is required under:
(A) this chapter;
(B) Chapter 1a, Motor Vehicle Act;
(C) Chapter 22, Off-highway Vehicles; or
(D) Title 73, Chapter 18, State Boating Act.
(b) "Vehicle category" does not include a novel vehicle.
(6) "VIN" means a vehicle identification number or a hull identification number.
Section 3. Section 
41-27-201
 is enacted to read:
Part 2. Registration Process
 41-27-201.
Novel vehicle registration.
(1) An owner registering a vehicle shall provide the VIN, if applicable.
(2) The division shall identify a vehicle category based on the VIN.
(3) If the vehicle does not have a VIN, or if the division is unable to determine the
vehicle category based on the VIN:
(a) the owner shall provide the division with a description of the vehicle, including the
vehicle's purpose; and
(b) if the description of the vehicle fits with an existing category of vehicle, the vehicle
shall be registered in accordance with that vehicle category.
(4) The vehicle shall be registered as a novel vehicle if:
(a) the vehicle is not expressly exempt from registration; and
(b) (i) the vehicle does not fit within a vehicle category;
(ii) the unique characteristics of the vehicle make it unclear whether the vehicle fits
within a vehicle category; or
(iii) a reasonable person would not consider the vehicle to be clearly included in an
existing vehicle category.
(5) A person registering a novel vehicle shall pay:
(a) in accordance with Section 
59-2-405
, a $1 fee in lieu of property tax; and
(b) a $1 registration fee.
Section 4. Section 
41-27-202
 is enacted to read:
 41-27-202.
Appeal to commission.
(1) 
If an owner disagrees with the division's decision, the owner may, within 14 days after the day
on which the division makes the decision, appeal the decision to the commission by:
(a) filing a notice of appeal with the commission; and
(b) including any additional information regarding the vehicle.
(2) (a) In reviewing a decision described in Subsection (1), the commission may:
(i) admit additional evidence; and
(ii) make a correction or change in the vehicle category determination made by the
division.
(b) The owner shall register the vehicle in accordance with the commission's
determination.
(c) The division shall reduce the fee required to register a vehicle under Subsection
(2)(b) by the amount paid by the owner of the vehicle under Subsection 
41-27-201
(4).
(3) The commission shall decide an appeal filed under Subsection (1) as soon as
practicable and promptly notify:
(a) the owner; and
(b) the division.
Section 5. Section 
41-27-301
 is enacted to read:
Part 3. Commission Reporting
 41-27-301.
Novel vehicle report to Transportation Interim Committee.
(1) The commission shall, at or before the October interim meeting of the
Transportation Interim Committee, present a report on novel vehicle registrations that includes:
(a) the number of vehicles registered as novel vehicles; and
(b) a description of the vehicles registered as novel vehicles.
(2) The Transportation Interim Committee shall review the report described in
Subsection (1) and determine whether to propose legislation relating to registration of a
particular type of novel vehicle.
(3) A vehicle previously registered as a novel vehicle shall continue to be registered as
a novel vehicle, unless the Legislature amends the Utah Code to:
(a) require the vehicle to be registered otherwise; or
(b) exempt the vehicle from registration.
Section 6. 
Effective date.
This bill takes effect on October 1, 2024.