International Registration Plan, Inc. Board of Directors Meeting Palm Springs, California November 9, 2002 In Attendance Chair Keith Kiser called the meeting to order. The following Board members were present: Region I: Region II: Region III: Region IV: Ex-Officio: Donna Arseneau, NS; Kurt Myers, PA; Bonnie Rutledge, VT Tim Adams, KY; Anna Amos, SC Keith Kiser, ND; Jim Poe, IN Jaki Berry, CO; Novella Crouch, CA Linda Lewis, AAMVA President & CEO The following Board member was absent: Region IV: Alan Cockman, SK The following Industry Advisors were present: Oscar Cruz Ruiz, Secretaria de Comunicaciones y Transportes (SCT) Rodolfo Giacoman, TML (translator for Oscar Cruz Ruiz) Michael Onder, US Department of Transportation Victor Parra, United Motorcoach Association Bob Pitcher, Industry Advisory Committee Chair Andrew Spoerri, Transport Canada The following Industry Advisor was absent: Richard Harris, Penske Truck Leasing IRP, Inc.: Joelle Becker; Monique Cox; Joan Kalvaitis; Tom Papademetriou AAMVA: Betty Serian, AAMVA Chair Guests: Tom Rubel, Director of State Information of Technology Programs, National Governors Association Ruth Skluzacek, Director, Iowa Department of Transportation Tom Klingman, Operating Tax Manager, United Postal Service Paul Johnson, Manager, Washington Department of Licensing Joe Hampton, Esquire, Ryan & Whaley Marjorie Welch, Deputy General Counsel, Oklahoma Tax Commission 1
New Board Members Col. Anna Amos and Bonnie Rutledge were sworn in as Board members completing the terms of Region II (Lynwood Butner) and Region I (Pat Scheffer) Board members respectively. Approval of Minutes Motion to approve the minutes of August 15, 2002. Motion seconded and carried. Executive Committee Elections Novella Crouch, Chair of the Nominating Committee, reviewed the election process. After some discussion the Board agreed to revise the process and that the newly elected officers would take their position at the conclusion of this meeting. Motion to ballot the Board officer positions one at a time. Motion seconded and carried. The following were elected officers to the IRP, Inc. Board of Directors: -Tim Adams, KY, Chair -Jim Poe, IN, Vice Chair -Kurt Myers, PA, Treasurer -Jaki Berry, CO, Secretary The newly elected officers were sworn in. Novella Crouch commented that based on the discussion about the nominating process, the Nominating Committee will review and revise, as appropriate, the procedures for the election of Board Officers. Treasurer s Report Treasurer Kurt Myers reported on the preliminary draft of the unaudited IRP financial statements for the 2002 fiscal year ending September 30, 2002. As of year-end, total assets were $1.3 million, liabilities were $1 million, and reserves were $325,000. The statement of Income and Expenses from Operations showed IRP with a year to date surplus from operations of $104,411. This was $71,000 better than the budgeted surplus of $33,315. After investment income and fees, the net surplus was $94,501. IRP, Inc. Report Tom Papademetriou briefed the Board on staff s activities since the August 2002 Board meeting. For FY 02, IRP, Inc. staff spent 305 hours working on MCS issues, which equates to $30,284, in salaries, fringe, and overhead. It was noted that for FY 02 IRP activities were not impacted from the extra hours that staff worked on MCS issues since staff primarily only monitored MCS issues. Mr. Papdemetriou also updated the Board on up-coming Board vacancies two elected positions for Region I and positions appointed by AAMVA Chair for Regions II and IV. 2
Consent Items Motion to adopt the consent agenda: - Clearinghouse - IRP Plan Study Motion seconded and carried. Committee Reports Peer Review Committee Tim Adams, Board Liaison, reported on the 2002 follow-up peer reviews and committeesponsored Ballot 263 IRP Fee Test. The committee requested that the Board approve a limited-scope review of the jurisdictions that have not yet implemented audit netting. There was some discussion regarding the necessity for the limited-scope review. The committee will provide the Board with the findings of the reviews at the next Board meeting, along with draft guidelines for conducting limited reviews. The Board agreed that the Peer Review Committee should work with the jurisdictions prior to sending issues before the Dispute Resolution Committee. Motion to approve the Peer Review Committee to do limited-scope reviews of the jurisdictions that have not implemented audit netting. Motion seconded and carried. IRP Plan Procedures Committee Jim Poe, Board Liaison, briefed the Board on the committee s recent meeting. Mr. Poe reported on the details of the 2003 IRP Managers/Supervisors Workshop. The committee requested that the Board determine if there will be a Dispute Resolution Committee meeting in conjunction with the workshop. The Board discussed some concerns with making a decision prematurely. Motion that the Planning Procedure Committee is allowed to plan for the possibility of a Dispute Resolution Committee meeting in conjunction with the 2003 IRP Managers/Supervisors workshop. Motion seconded and carried. (Three opposed) The committee also requested that the Board make every effort to have a pilot IFTA/IRP Managers Workshop in 2005. The Board discussed some possible meeting dates. Motion to proceed forward with a joint pilot IFTA/IRP Managers Workshop in 2005. Motion seconded and carried. Financial Study Committee 3
Jim Poe, Acting Committee Chair, updated the Board on the committee s activities. The committee recommended approval of the revised charter. The Board discussed the language of the charter and made some adjustments. Motion to accept the Financial Study Committee s charter with the revisions discussed. Motion seconded and carried. Mr. Poe reported on the committee s continuous effort to make IRP financially independent and introduced the first draft of the IRP overhead analysis. Audit Committee Donna Arseneau, Board Liaison, reported on the committee s activities. The committee had reexamined its request to the Board to reconsider appointing industry representation on the Audit Committee, and determined that non-voting participation by industry members might be beneficial. However, the committee still reserves the right to discuss confidential or private issues without the industry members present. Ms. Arseneau reported on the details of the 2003 IFTA/IRP Audit Workshop. The Audit Subcommittee has been working with the IFTA Audit Subcommittee to explore the development of the uniform auditor-training manual for IFTA and IRP auditors. Ten jurisdictions are currently participating in the electronic audit reports pilot program. The Audit Committee will determine in January 2003 if the program is ready for implementation by the IRP membership. Dispute Resolution Committee Tim Adams, Board Liaison, provided an update on the actions of the Dispute Resolution Committee. Paul Johnson, Washington, requested that the Board suspend the sanctions placed on Washington by the Dispute Resolution Committee and requested that both the Board and the Dispute Resolution Committee tapes be retained. The Board discussed some concerns with granting Washington s request and the Dispute Resolution Committee s authority under section 2300 of the Plan to impose sanctions on jurisdictions not in compliance. Motion to support the actions of the Dispute Resolution Committee. Motion seconded and carried. (One Opposed; Two Abstentions) Motion to retain the tapes from the Board and the Dispute Resolution Committee meetings. Motion seconded and carried. Joe Hampton, attorney for the Oklahoma Tax Commission, requested that the Board stay the sanctions placed on Oklahoma by the Dispute Resolution Committee in order for Oklahoma to present an orderly appeal to the Board. The Board discussed the actions of the Dispute Resolution Committee and agreed to go into executive session. Motion for the Board to go into executive session. Motion seconded and carried. When the Board reconvened the open session it took the following actions: 4
Motion to change the effective date of implementation of the financial sanctions against Oklahoma from December 2, 2002 to January 1, 2003. Motion seconded and carried. Motion to reject Oklahoma s request to stay the actions made by the Dispute Resolution Committee. Motion seconded and carried. Marjorie Welch requested to address the Board regarding asserted inconsistencies with the Dispute Resolution Committee s action against Oklahoma and the Plan. The Board discussed the option of Oklahoma submitting written issues of Oklahoma s asserted inconsistencies for the Board to review and make an informed decision. Motion to request that Oklahoma submit to the Board, within five days, written issues of inconsistencies with the Dispute Resolution Committee s decisions and the Plan. Motion seconded and carried. Industry Advisory Committee Bob Pitcher, Committee Chair, briefed the Board on the recent Industry Advisory Committee meeting and mentioned the topics of discussion. The committee submitted nominees to the Board for the 2003 Industry Board Advisory. NAFTA Committee Novella Crouch, Committee Chair, updated the Board on the committee s activities and efforts to work more quickly and efficiently to move towards opening the border and getting Mexico s participation. Thom Rubel, NGA, spoke on the Border States meeting and the topics discussed. A suggestion was made to invite industry and other jurisdictions to the border-states meetings for more support. Other comments were made by Oscar Cruz Ruiz, Michael Onder, and Andrew Spoerri. MCS Garry Hinkley, Committee Chair, provided an update on the committee s completed projects and the projects for FY 03, which include 1) encouraging jurisdictions to participate in PRISM and CVISN; and 2) working with the appropriate industry and jurisdiction officials for replacement of the Single-State Registration System. The committee felt that the recommended projects should be funded, and if possible IRP should seek opportunities to get outside funds. Mr. Hinkley also briefed the Board on the Town Hall meeting discussion regarding Motor Carrier issues. AAMVA Update Linda Lewis announced that Robert Pitcher will be the new IRP, Inc. Senior Vice President. Ms. Lewis also mentioned the efforts of other state-based associations working with AAMVA on a proposal for driver-license integrity reform. Betty Serian, AAMVA Chair, mentioned that AAMVA will discuss the topics that were discussed at the Town Hall meeting. Ms. Serian briefed the Board on some of AAMVA s projects for FY 03. 5
IRP, Inc. Strategic Plan Keith Kiser updated the Board on strategic planning and posed some questions for the Board to discuss. After much discussion about the logistics of the strategic planning meeting, it was decided that the strategic planning should move forward and not be delayed. Schedule Change for Board and DRC Meetings Keith Kiser started discussion on the possible schedule changes for the Board of Directors meetings. After much discussion, the Board agreed that presently there would be no change. The Board also discussed the need to revise the process of the Dispute Resolution Committee meetings and to expand the meetings so that the items on the agenda can be accomplished. It was agreed that the Dispute Resolution Committee will revise its process and bring recommendations to the Board. Motion to allow staff the flexibility to plan for a two-day Dispute Resolution Committee meeting. Motion was seconded and carried. New Business and Other Reports Board-Sponsored Ballots Keith Kiser briefed the Board about comments received during the open ballot discussion concerning ballot 2002.27- Section 228, Definition of Jurisdiction. Motion to change the Board ballot on the definition of jurisdiction to remove the reference to North American. Motion seconded and carried. Issuance of Open Communication Keith Kiser informed the Board of a draft proposal from the AAMVA Executive Committee to the AAMVA Board regarding open meetings. The Board discussed the possibility of doing something similar for IRP, Inc. s Board meetings. Ms. Serian mentioned that the proposal will be handed to both the AAMVA Board and the IRP Board once the Committee finalizes the draft proposal. Meeting Adjourned 6