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2007 IFTA BALLOTS & A CONCESUS BOARD INTERPRETATION

This document contains information on the 2007 IFTA ballots and the interpretation of the consensus board. It includes ballot sponsors, discussions, and results.

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2007 IFTA BALLOTS & A CONCESUS BOARD INTERPRETATION

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  1. 2007 IFTA BALLOTS& A CONCESUS BOARD INTERPRETATION

  2. BALLOT SPONSORS • FTPBP #1-2007 – IFTA, Inc. Law Enforcement Committee • FTPBP #2-2007 - IFTA, Inc. Board of Trustees, IFTA, Inc., Program Compliance Review Committee, Kentucky & Illinois • FTPBP #3-2007 – Nebraska • FTPBP #4 & 5 -2007 – Alabama • STPBP #6-2007 – Kansas • STPBP #7-2007 – Missouri • STPBP #8-2007 – Iowa • STPBP #9-2007 – Iowa, Indiana, Minnesota & Missouri

  3. Current Ballot Status: • SHORT TRACK BALLOTS #7 & 9 -2007 DID NOT RECEIVE A SUFFICIENT NUMBER OF VOTES AT THE 2007 ANNUAL BUSINESS MEETING TO CONTINUE.

  4. FTPBP #1-2007: • INTENT: The intent of this addition to the Articles of Agreement is to establish uniform enforcement of IFTA licensing violations among member jurisdictions and support jurisdictional legislative changes and practices required to obtain uniformity. Please note that uniform enforcement practices will be established through the ballot process identifying enforcement activities subject to this provision. ANNUAL MEETING DISCUSSION • There was some confused discussion as revisions had been made to the ballot that some jurisdictions were not aware of. While support for the ballot was strong, some jurisdictions questioned its purpose. RESULTS: BALLOT #1 REMAINS FULL TRACK NO REVISIONS MADE FOLLOWING THE ANNUAL MTG

  5. FTPBP #2-2007: • INTENT -The intent of this ballot is to amend the IFTA Articles of Agreement to allow the Program Compliance Review Committee to initiate a compliance matter under R1555 against a jurisdiction that remains out of compliance with the IFTA following a Program Compliance Review and Reassessment. The Committee’s authority to bring disputes would be limited to those sections of the Agreement, the Procedures Manual, and the Audit Manual which clearly affect the timely and correct collection and distribution of motor carrier fuel taxes between jurisdictions, and only after the issuance of a Final Determination Finding of Non-Compliance. ANNUAL MEETING DISCUSSION • Language changes were suggested to be taken into consideration RESULTS: BALLOT #2 REMAINS FULL TRACK REVISIONS MADE FOLLOWING THE ANNUAL MTG: • History/Intent: Further clarification language was added to these sections as a result of discussions that occurred at the Annual Business Meeting. • Lines 23-25: Clarification language was added.

  6. FTPBP #3-2007: • INTENT - In an effort to assist CVISN jurisdictions Nebraska is offering this ballot to add the US DOT number to the IFTA application. ANNUAL MEETING DISCUSSION • It was pointed out that this could cause a great deal of confusion as taxpayers can have (and many do have) more then one DOT#. RESULTS: BALLOT #3 REMAINS FULL TRACK NO REVISIONS MADE FOLLOWING THE ANNUAL MTG • .

  7. FTPBP #4-2007: • INTENT - The intent of this proposal is to allow multiple IFTA counts for each registration year audited, similar to the way the International Registration Plan (IRP) audits are counted. This proposal would also allow multiple IFTA audit counts for each fuel type audited. ANNUAL MEETING DISCUSSION • After discussion, 24 jurisdictions showed support. RESULTS: BALLOT #4 REMAINS FULL TRACK NO REVISIONS MADE FOLLOWING THE ANNUAL MTG • .

  8. FTPBP #5-2007: • INTENT - The intent of this proposal is to give jurisdictions credit for five (5) IFTA audits for auditing carriers at the top one percent of its high distance strata. ANNUAL MEETING DISCUSSION • Some jurisdictions showed concern regarding carrier size. After discussion, 21 jurisdictions would support the ballot as is. RESULTS: BALLOT #5 REMAINS FULL TRACK NO REVISIONS MADE FOLLOWING THE ANNUAL MTG

  9. FTPBP #6-2007: • INTENT - The intent of this ballot proposal is to add new wording to R345.300 of the IFTA Articles of Agreement that states a base jurisdiction has the right to deny renewal of a carrier’s IFTA license for filing zero or base jurisdiction distance only for three (3) consecutive quarters or more. This language would allow the base jurisdiction to decide how many additional quarters they will allow the carrier to be licensed without having any out of jurisdiction distance to report, as well as what requirements they will have to reissue the IFTA license in the future. In addition, the language will encourage IFTA-licensed carriers to amend returns to reflect all distance traveled in other jurisdictions which may otherwise remain unreported. ANNUAL MEETING DISCUSSION • No objections were raised. Some language changes suggested. RESULTS: BALLOT #6 CONTINUES AS SHORT TRACK REVISIONS MADE FOLLOWING THE ANNUAL MTG: • Line 10 & 11 reports zero or base jurisdiction miles distance only for three (3) four (4) , • Line 15 distance miles • Same language changes made to Subject, History and Intent sections.

  10. FTPBP #8-2007: • INTENT - The intent of this amendment is to eliminate the requirement to total the interest as required under the IFTA Procedures Manual. Each jurisdiction has a specific line to calculate the interest. The total tax due for each jurisdiction includes the tax and interest. The total is then added together to come up with the total tax due. Having a total interest due is not necessary as it only applies to each jurisdiction. This would not prevent any jurisdiction that wants to include this total if they wish, but eliminates it as a requirement to have it. ANNUAL MEETING DISCUSSION • No objections were raised RESULTS: BALLOT #8 CONTINUES AS SHORT TRACK NO REVISIONS MADE FOLLOWING THE ANNUAL MTG

  11. CBI (Consensus Board Interpretation) 61-07: • INTENT -interpretation of provisions of the Audit Manual and the Articles of Agreement regarding re-audit and re-examination. • There were four questions raised for interpretation ANNUAL MEETING DISCUSSION • The issues and the proposed interpretations were reviewed and discussed. RESULTS:21 affirmative votes were cast; 1 negative vote was cast; and 20 jurisdictions abstained. Therefore, the proposed interpretations contained in CBI 61-07 were not adopted by the membership.

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