The Ballot / Amendment Process

Transcription

1 The Ballot / Amendment Process Brought to you by the Education Committee of IRP Hi my name is Ballot, B. N. Ballot Brand New Ballot Here are some questions you should be able to answer about the ballot or amendment process at the end of this session What is the Repository? Where do you submit a proposed amendment? What are the 2 types of ballot(s)? (yes, there are 2 types) 1

2 My life questions continued What is the difference between a full track and short track ballot? How many affirmative votes does it take to amend the International Registration Plan? When would a passed ballot become effective? Proposed Amendment Once my idea man or sponsor feels I am ready to become a ballot I am submitted to the repository in draft form at least 60 calendar days prior to an open meeting where I can be discussed. My draft must show the complete text of each Section to be amended, by indicating the new language by means of underlining and replaced or obsolete language by strikeout. 2

3 Proposed Amendment continued The draft of the proposed amendment shall also include an explanation of the intent and purpose of the proposed amendment No later than 10 calendar days following the receipt of the draft proposal the Repository shall assign a ballot number and distribute the draft proposed amendment to all member Jurisdictions and members of the board for review and comments. Do you know where to find a proposed draft amendment submitted to the Repository? 3

4 Repository Requirements If my sponsor does not submit me for distribution to the Member Jurisdictions for voting within 90 calendar days after the open meeting I go back to the beginning and must be resubmitted as required under Section 1505(a). However if I am received by the Repository they shall ensure that my final form is in the proper format and I shall be distributed in ballot format to each Member Jurisdiction for consideration. 4

5 Will I be a full track or a short track ballot? Regardless, the ballot will contain A ballot number assigned by the Repository The date that the ballot is distributed by the Repository The effective date for the proposed amendment in accordance with section 1520 The Ballot Process continued And the complete text of the section of the plan being amended or added that identifies new language by underlining and deleted language by strikeout 5

6 The Ballot Process 1500 Amendment Process The Plan may be amended with the affirmative vote of ¾ s (75%) of the Member Jurisdictions that cast ballots. Jurisdiction that do not vote are NOT considered in determining the votes required to pass. The Ballot Process The voting period has closed and all ballots have been counted. Only 41 of the 59 Members eligible to vote actually cast a ballot. Yeas = 35 or 85% ballot passed Yeas = 30 or 73% ballot failed With 41 votes cast, a minimum of 31 votes would be necessary to pass the ballot (41 x.75 = or 31). A vote by all 59 Members requires a minimum of 44 yeas to pass. The Ballot Process The major difference in the types of ballots is the voting period and the effective date. The voting period for full track ballots is 90 days The voting period for shorttrack ballots is 30 days 6

7 The Ballot Process Report The report will identify your ballot number and Shall identify the votes of all Member Jurisdictions as well as abstentions of the deadline and If approved the Repository shall distribute the text of the new or amended provision of the Plan Effective Dates Now that I m an amendment when do I become effective? Well, if I a was short track ballot my earliest effective date is The first day of January, April, July or October, whichever occurs first, 6 months after the close of the voting period Effective Dates A short track ballot that passed, and the voting period closed on August 18, August 18, months = February 18, The effective date would be April 1, 2012 since April is the first of the available months (Jan, Apr, Jul, Oct) after the lapse of the 6 month period! 7

8 Effective Dates If I was a full track ballot, unless otherwise specified in the text of the amendment in accordance with Section 1520, my effective date will be the first day of January or July, whichever occurs first, 12 months after the close of the voting period. Effective Dates A full track ballot is passed, and the voting period closed on August 18, August 18, months = August 18, The effective date would be January 1, 2013 (unless otherwise specified) since January is the first of the available months (Jan & Jul) after the lapse of the 12 month period! As a full track ballot Effective Dates I may have an earlier effective date, provided that the earlier date is voted on separately and receives an affirmative vote of ¾ s of all Member Jurisdictions eligible to vote (1520(b)). Note: in this instance, Members not voting will be deemed to have voted FOR the earlier date. I may have a later effective date IF that date is specified in the ballot (1520(c)). 8

9 Questions? IRP Inc. s Certificate Program This Webinar is the 3rd of 4 in the sequence: Advanced Plan Administration Watching with a group? Don t forget to add completion of the Verification of Attendance form to your list of things to do. 9

10 IRP Inc. s Certificate Program Member Duties, Opportunities & Responsibilities Advanced Fees & Distance The IRP Ballot Process IRP Audits IRP Ballots Laurel Hooton Supervisor Pennsylvania Safety Administration lhooton@pa.gov Phone: (717) Bill Kron Director, Petroleum Tax Bureau/Commercial Vehicle Mississippi State Tax Commission bill.kron@dor.ms.gov Phone: