UCR Meetings & Minutes

Unified Carrier Registration Agreement

Board of Directors Meeting (#125)

 December 14, 2017
Atlanta, GA

ATTENDEES

(Board & Staff)

MINUTES

Welcome, Call to Order & Introductions

Chair Avelino Gutierrez called the meeting to order at 9:00 a.m. Eastern and welcomed all attendees. Board members introduced themselves and a quorum was confirmed.

A MOTION was MADE and SECONDED to adjourn the Board meeting until 1:00 p.m. Eastern.  THE MOTION CARRIED and the meeting was adjourned.

Chair Avelino Gutierrez called the meeting to order at 1:00 p.m. Eastern.  Board members and non-Board members introduced themselves.  A quorum was confirmed.

Verification of Meeting Notice

Mr. Gutierrez reported that notice for the meeting was filed for public display on December 7 and posted to the Federal Register on December 11.  He also reported that notice was posted to the public UCR website (www.ucrplan.org) on November 21.

Review & Approval of Agenda & Setting of Ground Rules

A MOTION was MADE and SECONDED to accept the meeting agenda as proposed.  THE MOTION CARRIED.

Review & Approval of Minutes of the Nov. UCR Board Meeting

A MOTION was MADE and SECONDED to accept the November 30 Board minutes as presented.  THE MOTION CARRIED.

Critical Issues

• Latest on FMCSA Rulemaking for 2018 Fees

Rick Wood, on behalf of Deputy Administrator Cathy Gautreaux, reported that the recommendation for 2018 UCR registration fees remains under review by the Secretary of Transportation and that a final rule has not yet been published.

• Deferred Proposed Policies for UCR

Document Retention & Destruction

Depository Manager Dave Scholz reported on a new draft of the previously tabled Document Retention & Destruction proposed policy and answered questions.

A MOTION was MADE and SECONDED to un-table discussion of the Document Retention & Destruction proposed policy.  THE MOTION CARRIED.

A MOTION was MADE and SECONDED to substitute the revised policy language for the original policy language.  THE MOTION CARRIED.

A MOTION was MADE and SECONDED to adopt as an interim policy the revised language for Document Retention & Destruction.  THE MOTION CARRIED.

Financial Reserve

Depository Manager Dave Scholz reported on a new draft of the previously tabled Financial Reserve proposed policy and answered questions.

A MOTION was MADE and SECONDED to un-table discussion of the Financial Reserve proposed policy.  THE MOTION CARRIED.

Following discussion, the Board instructed staff to amend the policy language to reflect a majority Board vote is required for approval of capital reserve funding (not a 2/3 vote).

A MOTION was MADE and SECONDED to substitute the revised and amended policy language for the original policy language.  THE MOTION CARRIED.

A MOTION was MADE and SECONDED to adopt as an interim policy the revised and amended language for Financial Reserve.  THE MOTION CARRIED.

• Proposed UCR Fees for 2019 & 2020

Depository Chair Scott Morris, with assistance from Mr. Scholz, presented a recommendation from the Revenue & Fees Subcommittee for proposed UCR registration fee levels in 2019 and 2020 and answered questions.

A MOTION was MADE and SECONDED to accept the recommendation.  THE MOTION CARRIED.

The Board instructed Kellen staff to update all required paperwork with the new fee levels and draft the fee recommendation letter to be signed by the Chairman to submit to FMCSA by December 31.

• Updates on UCR National Registration System

Mr. Morris and Mr. Scholz provided an update on the recent activities of the Task Force and answered questions.  Mr. Scholz reported that all vendor bids are due by January 8 and that the Task Force will meet in Atlanta on January 11 to review.

Mr. Morris and Mr. Scholz reported that the Board has yet to take action on the Task Force’s recommendation that UCR will no longer permit stand-alone state systems to be integrated with the new national system once it launches.  Following discussion, no action was taken, so the status quo remains (state systems will be allowed to integrate with the new national system).

Following further discussion, a MOTION was MADE and SECONDED to grandfather-in existing state systems while no longer accepting any new state systems from this point forward.  The motion was tabled indefinitely.

It was mentioned that several states have requested the Board reconsider its earlier decision that UCR no longer accept paper registration forms once the new national system launches (i.e., UCR will “go paperless”).  Following discussion, no action was taken to reverse the earlier decision.

• Petition to Consider UCR Applicability for Intrastate, Non-Charter Buses

Mr. Gutierrez reported on a recent letter from attorney Andrew Light requesting the Board review the applicability of the UCR Act to intrastate, non-charter buses.

Following discussion, a MOTION was MADE and SECONDED to exclude interstate passenger carrier’s intrastate school buses from their total vehicle count for UCR purposes.  THE MOTION FAILED.

• UCR Subcommittee Recommendations

Operations Manager Jon Krueger reported on recommendations for restructuring several UCR subcommittees and answered questions.

A MOTION was MADE and SECONDED to accept the recommendations.  THE MOTION CARRIED.

Updates Concerning UCR Legislation

No report.

Report of Dave Lazarides, DSL Transportation Services, Inc.

Dave Lazarides reported briefly on his recent activities and answered questions.

Report of Indiana Department of Revenue

Sandy Bowling provided a brief report and answered questions.

A MOTION was MADE and SECONDED to close the 2016 registration year on December 29 at 5:00 p.m. (local times across the U.S.).  THE MOTION CARRIED.

Subcommittee Reports

• Audit Subcommittee

Mike Hoeme reported that 38 out of 41 UCR states are now using the FARs system for audits.

• Procedures Subcommittee

Adam Anderson reported that the draft UCR Handbook will be reviewed by the Committee in December/January and ready for Board review & approval at the January 30 meeting in New Orleans.

• Indiana System Subcommittee

Mr. Morris reported that new modifications are being implemented to the registration system by the team in Indiana.

• Industry Advisory Subcommittee

No report.

• Revenue and Fees Subcommittee

Mr. Scholz presented a proposed 2018 UCR operating budget, as well as financial outlooks for 2019 and 2020.

A MOTION was MADE and SECONDED to adopt the 2018 budget as presented.  THE MOTION CARRIED.

A MOTION was MADE and SECONDED to adopt the 2019 and 2020 financial outlooks for the purpose of calculating annual figures for the reserve fund.  THE MOTION CARRIED.

• Dispute Resolution Subcommittee

No report.

• Administrative Fees Subcommittee

No report.

• Depository Subcommittee

Mr. Scholz reviewed a report on UCR administrative expenses through November 30 and answered questions.

Old/New Matters

• Court ruling on request for injunction

Mr. Gutierrez provided brief status updates about the ongoing court cases involving UCR and answered questions.

• Petition from Texas Dept. of Motor Vehicles

Mr. Gutierrez reported that he expects to receive a memorandum opinion from UCR legal counsel by the end of January.

• UCR emails for Board members

Mr. Krueger reported that staff UCR email address are now in effect and that Board members interested in establishing their own UCR email addresses may do so.  Mr. Krueger suggested that he poll the Board by email to determine who is interested.  The Board agreed and instructed that the poll be conducted in early 2018.

Future Board Meetings

Mr. Gutierrez reported on dates for upcoming Board meetings.

Teleconferences

• March 15 at Noon Eastern (teleconference)
• April 19 at Noon Eastern (teleconference

In person

• January 28-February 1 (includes travel days; New Orleans)
• June 2-7 (includes travel days; Ft. Lauderdale)

Adjourn

There being no additional business, Mr. Gutierrez adjourned the meeting at 3:55 p.m. Eastern.

Unified Carrier Registration Agreement

Board of Directors Meeting (#125)

November 30, 2017

Teleconference

ATTENDEES

MINUTES

Welcome, Call to Order & Introductions

Chair Avelino Gutierrez called the meeting to order at 12:01 p.m. Eastern.  A roll call of Board members was conducted (see page 1) and a quorum confirmed.  Non-Board attendees introduced themselves.

Verification of Meeting Notice

Mr. Gutierrez reported that notice for the November Board of Directors conference call was posted to the Federal Register on November 22 and the UCR website on November 20.

Review & Approval of Agenda and Setting of Ground Rules

Mr. Gutierrez reviewed the proposed agenda and asked for questions or suggestions.  There were none.  A MOTION was MADE and SECONDED to accept the agenda as proposed.  THE MOTION CARRIED.

Review & Approval of Minutes of the Oct. UCR Board Meeting

Mr. Gutierrez reported on draft minutes from the October 26 Board call and asked for questions or comments.  Jon Krueger requested that the minutes be amended to reflect a goal of determining recommended 2019 and 2020 UCR fees at the December meeting, while Scott Morris requested a clerical correction to the title of his organization.

A MOTION was MADE and SECONDED to accept the minutes as amended.  THE MOTION CARRIED.

Critical Issues

• Petition to consider UCR applicability for intrastate, non-charter buses

Attorney Andrew Light reported on his firm’s request that the Board deem intrastate, non-charter buses no longer subject to UCR fees.  Mike Hoeme presented data obtained from the FMCSA regarding intrastate, non-charter buses currently registered in the program and answered questions.

A MOTION was MADE and SECONDED to table Mr. Light’s request to the December 2017 Board meeting.  THE MOTION CARRIED.

• Latest on FMCSA Rulemaking for 2018 Fees

Rick Wood reported that fee levels for the UCR 2018 registration year remain under review by FMCSA.

• UCR Depository system issues

Scott Morris reported on several ongoing challenges related with the UCR registration system, specifically the system’s limited reporting functionality for purposes of accurate record-keeping and reporting through the UCR Depository.

Mr. Morris, with assistance from Dave Scholz, presented a proposal from Kellen to execute the UCR Depository.  Mr. Morris and Mr. Scholz reported that the agreement had been negotiated in recent weeks.  They also answered questions from the Board.

A MOTION was MADE and SECONDED to accept the Kellen proposal.  THE MOTION CARRIED.

• Update on UCR 2.0 RFP development

Mr. Morris and Mr. Scholz reported on recent activities and accomplishments related to development of the request-for-proposal for the new UCR national registration system and answered questions.

Mr. Morris reported on an email from the state of Alabama requesting the Board reconsider its earlier decision to not support paper applications in the new system (i.e., “go paperless”).

A MOTION was MADE and SECONDED to table further discussion on this issue to the December Board meeting.  THE MOTION CARRIED.

• UCR subcommittees recommendations memo

Mr. Krueger reported on a memo, prepared and submitted by staff, containing several recommendations for UCR’s various subcommittees and answered questions.  Mr. Krueger reported that he plans to present the recommendations to the Board for consideration at the December meeting.

Updates concerning UCR Legislation

There were no updates regarding UCR legislation.

Report of Dave Lazarides, DSL Transportation Services, Inc.

Dave Lazarides reviewed the monthly report on the FARs program and answered questions.

Subcommittee Reports

• Audit Subcommittee

Mike Hoeme reported that his subcommittee is awaiting next steps on the subcommittee recommendations.

• Procedures Subcommittee

Adam Anderson reported that the subcommittee is prepared to review the new UCR Handbook when a draft is ready.

• Indiana System Subcommittee

There were no updates beyond what was reported previously in the meeting.

• Indiana Department of Revenue

Sandy Bowling provided customer service data and answered questions (2,100 chats and 1,500 phone calls in October)

• Industry Advisory Subcommittee

There was no report.

• Revenue and Fees Subcommittee

Larry Herold reminded the Board that his plan is to determine recommended UCR fees for 2019 and 2020 at the December Board meeting.

• Dispute Resolution Subcommittee

Tina Thurman reported on recent activities and answered questions.

• Administrative Fees Subcommittee

Elizabeth Leaman requested that any person interested in serving on a subcommittee should contact UCR Chair Avelino Gutierrez and UCR Operations Manager Jon Krueger.

Mr. Scholz reviewed a report on recent administrative expenses and answered questions.

• Depository Subcommittee

Mr. Gutierrez announced that Elizabeth Leaman is being appointed Vice Chair of the subcommittee and Mr. Morris will be transitioning out of the role by mid-2018, at which time, Ms. Leaman will become Chair.

Old/New Matters

A MOTION was MADE and SECONDED to start the effective date for the 2018 UCR registration year once the FMCSA announces its final rulemaking.

It was further clarified that no addition Board action is required once the final rulemaking is published.

Mr. Krueger briefly reported on the new, monthly Management Report from staff and answered questions.

Mr. Gutierrez noted that recent documents related to the ongoing court cases involving UCR were shared prior to the meeting.

Future Board Meetings

Teleconferences

• March 15 at Noon Eastern (teleconference)
• April 19 at Noon Eastern (teleconference)

In person

• December 14 (Kellen office, Atlanta)
• January 28-February 1 (includes travel days; New Orleans)
• June 2-7 (includes travel days; Ft. Lauderdale)

Adjourn

There being no additional business, Mr. Gutierrez adjourned the meeting at 2:55 p.m.

Unified Carrier Registration Plan (UCR)
Board of Directors Meeting (#123)
September 14, 2017
Teleconference

BOARD & STAFF ATTENDEES

MINUTES

I. Call to Order

Chair Avelino Gutierrez called the meeting to order at 12:05 p.m. Eastern and welcomed attendees.  Mr. Gutierrez conducted a roll call of Board members (see above) and non-Board members.

Following a suggestion, Chair Gutierrez instructed all participants to include their state affiliation when logging in to future Board calls via Go To Meeting.

II. Review & Approval of Agenda

Mr. Gutierrez presented the proposed agenda with a request to add “Board Rules Procedures” following the FMCSA Update.

A MOTION was MADE as SECONDED to accept the September Board agenda as amended.  THE MOTION CARRIED.

III. Review & Approval of July Meeting Minutes

Mr. Gutierrez reported that Operations Manager Jon Krueger distributed draft minutes from the August 24 Board meeting in California.  A misspelled name was corrected.

A MOTION was MADE and SECONDED to approve the August 2017 Board minutes as amended.  THE MOTION CARRIED.

IV. Updates Concerning UCR Legislation

There were no updates regarding UCR legislation.

V. FMCSA Update

Daphne Jefferson reported that the Federal Motor Carrier Safety Administration (FMCSA) plans to submit for publication its proposed rulemaking for 2018 UCR registration fees within 1-2 days.  The fee levels being considered are based on a recommendation submitted by UCR to the FMSCA in March 2017 which include a reduction for carriers at all levels.

Ms. Jefferson reported that following the publication of the proposed rule in the Federal Register, a 10-day comment period will open.  Ms. Jefferson estimated that the final fees will likely be set in mid-to-late October.

Following discussion, a MOTION was MADE and SECONDED to delay the start of the 2018 UCR registration year until November 1.  THE MOTION CARRIED.

The Board instructed staff to develop a written announcement about the delay.  The Board instructed Sandy Bowling and the Indiana Department of Revenue (IDOR) to distribute the message to all of its state contacts (DONE).

The FMCSA also reported that it is processing a request from Chair Gutierrez to provide technology access to DSL’s contractor SeikoSoft.

VI. Board Rules Procedures

Chair Gutierrez reported that he is awaiting an opinion from the FMCSA on the UCR Board’s authority to establish policies and procedures.  Mr. Gutierrez and Vice Chair Bob Pitcher agreed to prioritize the Board’s policy needs and report back to the full Board on the October conference call.

 VII. Report of Dave Lazarides, DSL Transportation

Consultant Dave Lazarides reported on his recent activities for UCR, including the consideration of state performance standards to be the basis for forthcoming “peer reviews,” as well as the latest on the FARs program and answered questions.

VIII. Report of Kellen (UCR Administrator)

Depository Manager Dave Scholz and Operations Manager Jon Krueger provided updates on Kellen’s transition activities and answered questions.  Mr. Krueger reported that he plans to deliver his review and recommendations for UCR’s subcommittees by the November conference call.

IX. Report of Audit Subcommittee

Sandy Bowling reported that she and Dave Lazarides are training nearly two states per week on how to use the FARs system and that nearly all states have now received training.

X. Report of the Procedures Subcommittee

Chair Adam Anderson and Vice Chair Bob Pitcher reported on the revised UCR FAQ document and answered questions.  The document now requires final editing of the draft before Board review and approval.

In response to a question, Mr. Anderson reported that Board approval of proposed modifications to the 2018 UCR online registration forms are on hold pending the FMCSA’s decision on fee levels.

XI. Report of the Indiana System Subcommittee

Chair Scott Morris reported on recent activity to develop a request-for-proposal (RFP) for UCR 2.0 (a new online registration system), including a meeting in Atlanta with the Kellen team to develop a timeline and next steps.

Following discussion, a MOTION was MADE and SECONDED to authorize Mr. Morris to execute a contract with a to-be-determined Technology Consultant within the previously approved budget allocation of $50,000 for the remainder of 2018.  THE MOTION CARRIED.

XII. Report of the Indiana Department of Revenue

Chair Sandy Bowling reported on recent reporting enhancements to the IDOR registration system and answered questions.

XIII. Report of the Industry Advisor Subcommittee

Vice Chair Bob Pitcher requested that the forthcoming message to the states regarding the registration year delay emphasize that any fees received or collected thus far for 2018 be returned to the entity that sent them (DONE).

XIV. Report of the Revenue & Fees Subcommittee

There were no updates.

XV. Report of the Dispute Resolution Subcommittee

Chair Tina Thurman reported that the subcommittee will meet next week.

XVI. Report of the Administrative Fees Subcommittee

There were no updates.

XVII. Report of the Depository Subcommittee

Chair Scott Morris reported that 13 states have received a distribution for 2017.

Depository Manager Dave Scholz reported that administrative expenses are tracking less than expected for FY 2017.  Following discussion, a MOTION was MADE and SECONDED to modify the administrative fees line item in the budget to $433,000 for FY 17.  THE MOTION CARRIED.

XVIII. Old/New Matters

Mr. Gutierrez asked for any additional business to come before the Board.

A MOTION was MADE and SECONDED to authorize UCR to cover expenses related to printing UCR business cards for the Board and staff.  THE MOTION CARRIED.

There was no additional business.

XIX. Future Board Meetings

Teleconferences

• October 12 at Noon Eastern (teleconference)
• November 9 at Noon Eastern (teleconference)
• December 14 at Noon Eastern (teleconference)
• March 15 at Noon Eastern (teleconference)
• April 19 at Noon Eastern (teleconference)

In person

• January 28-February 1 (includes travel days; New Orleans)
• June 2-7 (includes travel days; Ft. Lauderdale)

XX.   Adjourn

Mr. Gutierrez adjourned the teleconference at 2:05 p.m. Eastern.

Unified Carrier Registration Plan (UCR)
Board of Directors Meeting (#122)
August 24, 2017
Dana Point, CA

BOARD & STAFF ATTENDEES

MINUTES

I. Call to Order

Chair Avelino Gutierrez called the meeting to order at 1:03 p.m. Pacific and welcomed attendees.  Mr. Gutierrez conducted a roll call of Board members (see above) and non-Board members.

II. Review & Approval of Agenda

Mr. Gutierrez presented the proposed agenda.

A MOTION was MADE as SECONDED to accept the August Board agenda as presented.  THE MOTION CARRIED.

III. Review & Approval of July Meeting Minutes

Mr. Gutierrez reported that Operations Manager Jon Krueger had distributed draft minutes from the July 13 Board teleconference.  Several grammatical and clerical edits were suggested.

A MOTION was MADE and SECONDED to approve the July 2017 Board minutes as amended.  THE MOTION CARRIED.  (Revised draft minutes are attached).

IV. Updates Concerning UCR Legislation

There were no updates regarding UCR legislation.

V. FMCSA Update

Daphne Jefferson reported that a final rule on fees for the 2018 program has not yet been made.  Ms. Jefferson will report to Mr. Gutierrez as soon as a decision is made.

VI. Report of Dave Lazarides, DSL Transportation

Consultant Dave Lazarides reviewed a report on the Focused Anomaly Reviews (FARs) program and answered questions.

A MOTION was MADE and SECONDED to authorize DSL’s web contractor to obtain access to relevant FMCSA data.  THE MOTION CARRIED.

VII. Report of Kellen (UCR Administrator)

Depository Manager Dave Scholz and Operations Manager Jon Krueger provided updates on Kellen’s transition activities, including a plan/timeline to launch the new UCR website and electronic newsletter, and answered questions.  Mr. Scholz noted that state invoicing is now being handled by Kellen as of August 1.

VIII. Report of Audit Subcommittee

Chair Mike Hoeme reported that his subcommittee is providing states with the audit template and the latest FARs report.

Following discussion, a MOTION was MADE and SECONDED to instruct the Administrator (Kellen) to conduct a review of the roles and structure of all UCR subcommittees and provide a report and recommendations to the Board.  THE MOTION CARRIED.

IX. Report of the Procedures Subcommittee

Chair Adam Anderson reported his subcommittee has distributed a revised UCR FAQ document to the Board and is requesting feedback.  Mr. Anderson also reported that the subcommittee made edits/modifications to the 2018 UCR registration forms prior to the Board meeting.

A MOTION was MADE and SECONDED to approve the modified 2018 forms.  Following discussion, a MOTION was MADE and SECONDED to table approval of the forms until a final rule on 2018 fees is provided by FMCSA.  This issue will be revisited on the September Board teleconference.

X. Report of the Indiana System Subcommittee

Chair Scott Morris reported that efforts are underway to develop a request-for-proposal (RFP) for UCR 2.0 (a new online registration system).

Mr. Morris recommended that the Chair appoint an RFP Task Force to oversee this project.  Mr. Gutierrez approved, and instructed Mr. Morris to recruit the Task Force members.

Following discussion, a MOTION was MADE and SECONDED to approve a budget request of $50,000 to engage a Technology Consultant for this project.  THE MOTION CARRIED.

Following further discussion, a MOTION was MADE and SECONDED to approve a budget request of $25,000 to fund travel for the new RFP Task Force.  THE MOTION CARRIED.

XI. Report of the Indiana Department of Revenue

Chair Sandy Bowling reported that the Indiana Department of Revenue (IDOR) is currently working to implement new system modifications being requested by UCR.  Ms. Bowling projected the new upgrades will be rolled-out in spring of 2018.  She also reported that seasonal staff is ramping up at IDOR in anticipation of the new UCR registration year.

A MOTION was MADE and SECONDED to approve a budget request of $43,600 for IDOR to execute mailing notices to non-participating states and Canada through a third-party vendor.  THE MOTION CARRIED.

XII. Report of the Industry Advisor Subcommittee

Vice Chair Bob Pitcher reported there were no updates to provide at this meeting.

XIII. Report of the Revenue & Fees Subcommittee

Chair Larry Herold and Mr. Scholz presented a proposed UCR operating budget for FY 2018 and answered questions.  Mr. Morris reported on his 2019 and 2020 revenue and fees projections.

The Board instructed Mr. Scholz to develop a draft policy for establishing and maintaining a UCR financial reserve.

XIV. Report of the Dispute Resolution Subcommittee

Chair Tina Thurman, with assistance from Dave Lazarides, reported on proposed UCR compliance standards for states and answered questions.

Ms. Thurman reported that the draft standards will now be shared with the Procedures and Audit Subcommittees for review and feedback.

XV. Report of the Administrative Fees Subcommittee

There was no report from the Administrative Fees Subcommittee.

XVI. Report of the Depository Subcommittee

Chair Scott Morris reported a written report on key Depository dates and answered questions.

A MOTION was MADE and SECONDED to authorize Mr. Morris to open an account with Bank of North Dakota for receiving 2018 fees.  THE MOTION CARRIED.

Following discussion, A MOTION was MADE and SECONDED to approve a modified check signing process, presented by Mr. Scholz.  THE MOTION CARRIED.

XVII. Old/New Matters

Mr. Gutierrez asked for any additional business to come before the Board.

A MOTION was MADE and SECONDED to authorize UCR to cover hotel expenses for the August meeting.  THE MOTION CARRIED.

Mr. Morris reported on his plan to attend the upcoming National Association of Regulatory Utility Commissioners (NARUC) meeting in Baltimore this November to raise awareness and understanding of UCR among public utility professionals.

There was no additional business.

XVIII. Future Board Meetings

• September 14 at Noon Eastern (teleconference)
• October 12 at Noon Eastern (teleconference)
• November 9 at Noon Eastern (teleconference)
• December 14 at Noon Eastern (teleconference)

Mr. Gutierrez reported that the November Board meeting may be held in person, and a decision is to be made by the September Board teleconference.  It was suggested that UCR avoid the Veterans Day holiday if the November meeting is held in person.

Mr. Gutierrez noted that the winter meeting is scheduled for January 28-February 1 in New Orleans in conjunction with the NCSTC event, and that the summer meeting is scheduled for June 3-7 in Ft. Lauderdale, again in conjunction with NCSTC.

XIV.   Adjourn

Mr. Gutierrez adjourned the teleconference at 4:03 p.m. Pacific.

Unified Carrier Registration Plan (UCR)
Board of Directors Meeting
July 13, 2017
Teleconference

BOARD & STAFF ATTENDEES

MINUTES

I. Call to Order

Chair Avelino Gutierrez called the meeting to order at 12:03 p.m. Eastern and welcomed attendees.  Mr. Gutierrez conducted a roll call of Board members (see above) and non-Board members.  This is the one hundred twenty first (121st) UCR Board of Directors meeting.

II. Review & Approval of Agenda

Mr. Gutierrez proposed to modify the agenda by re-arranging the order of several subcommittee reports.

A MOTION was MADE as SECONDED to amend the July Board agenda as suggested.  THE MOTION CARRIED.

III. Review & Approval of June Meeting Minutes

Mr. Gutierrez reported that Secretary Adam Anderson had distributed draft minutes from the June 7 Board teleconference.  Several grammatical and clerical edits were suggested.

A MOTION was MADE and SECONDED to approve the June 2017 Board minutes as amended.  THE MOTION CARRIED.  (Revised draft minutes are attached).

IV. Updates Concerning UCR Legislation

There were no updates regarding UCR legislation.

V. FMCSA Update

Ken Riddle reported that a final rule on UCR fees for the 2018 registration year, as well as Board appointments, are being reviewed by chief counsel.  Updates expected by next Board meeting.

VI. Report of the Industry Advisor Subcommittee

Vice Chair Bob Pitcher reported that the subcommittee will likely not meet in person during the California meetings in August.

VII. Report of the Dispute Resolution Subcommittee

Chair Tina Thurman reported that the subcommittee is developing a new proposed policy to address non-compliance among some states.

A MOTION was MADE and SECONDED to authorize the Dispute Resolution Subcommittee to develop specific policies to address establishing compliance standards, procedures for assessing the process, and for handling non-compliance.  THE MOTION CARRIED.

It was suggested, and the Board agreed, that Dave Lazarides be involved in the development of the new policies.

VIII. Report of Dave Lazarides, DSL Transportation

Consultant Dave Lazarides provided a report on the Focused Anomaly Reviews (FARs) program and answered questions.  He noted that about $150,000 in fees are now under investigation by multiple states and about $500,000 is assigned for future investigation.

IX. Report of Kellen (UCR Administrator)

Depository Manager Dave Scholz and Operations Manager Jon Krueger provided updates on Kellen’s transition activities as the UCR’s new Administrator and answered questions.

Mr. Scholz reviewed a resolution to create a bank account at SunTrust Bank and to transfer a portion of the UCR’s operating funds to SunTrust bank.

Following discussion, a MOTION was MADE and SECONDED to accept Kellen’s resolution to create a new account at SunTrust to transfer a portion of the UCR’s operating funds.  THE MOTION CARRIED.

X. Report of Audit Subcommittee

Chair Mike Hoeme reported that his subcommittee is providing states with the audit template and the latest FARs report.  Mr. Hoeme advised that 31  state audit reports for 2016 are received and 10 are not.

XI. Report of the Procedures Subcommittee

Chair Adam Anderson reported his subcommittee will soon have a revised UCR FAQ document to share with the Board.  The subcommittee is also working to finalize the UCR registration form and will be in position to complete once new fees are finalized.

XII. Report of the Indiana System Subcommittee

Chair Scott Morris reported that he, Mr. Scholz and Mr. Lazarides were in Indiana reviewing several requests for upgrades with the Indiana staff.  Mr. Morris reported that the subcommittee will soon deliver to the Board a new proposed policy for more efficient fund transfers, which will align with the system modifications being requested of Indiana.

Mr. Morris also reported that the subcommittee is beginning work on an RFP for bidding out services to design and develop its own registration system.  Mr. Morris mentioned that the subcommittee will meet in California in August.

XIII. Report of the Indiana Department of Revenue

Chair Sandy Bowling reported that the Indiana Department of Revenue (IDOR) is currently supportive of the system modifications being requested by UCR.

XIV. Report of the Revenue & Fees Subcommittee

Chair Larry Harold reported that the subcommittee is currently working on financial projections for 2019 and will share with the Board when ready.

XV. Report of the Administrative Fees Subcommittee

Chair Elizabeth Leaman reported that she and Mr. Lazarides are working with the new team at Kellen to develop a plan for launching a new UCR website and electronic newsletter.

XVI. Report of the Depository Subcommittee

Chair Scott Morris reported that a full transition to Kellen of accounting management for the depository is planned for August 1.  Mr. Morris reported that the subcommittee is closing out reconciliation of 2010 and 2011 invoicing discrepancies.  The subcommittee will soon begin work on 2012-2015.  Mr. Morris reported that no 2017 distributions will occur prior to October 1 unless requested by a state to Mr. Morris directly.

XVII. Old/New Matters

Mr. Gutierrez asked for any additional business to come before the Board, and there was none.

XVIII. Future Board Meetings

• August 24 at 1pm Pacific (Dana Point, CA)
• September 14 at Noon Eastern (teleconference)
• October 12 at Noon Eastern (teleconference)
• November 9 at Noon Eastern (teleconference)
• December 14 at Noon Eastern (teleconference)

Mr. Gutierrez noted that the winter meeting is scheduled for January 28-February 1 in New Orleans in conjunction with the NCSTC event, and that the summer meeting is scheduled for June 3-7 in Ft. Lauderdale, again in conjunction with NCSTC.

XIV. Adjourn

There being no additional business, Mr. Gutierrez adjourned the teleconference at 1:50   p.m. Eastern.

Minutes of the One Hundred Twentieth Unified Carrier Registration Plan Board of Directors Meeting
June 7th, 2017
In-person & Tele-conference

The One Hundred Twentieth (120^th) Unified Carrier Registration (UCR) Plan Board of Directors (Board) meeting was called to order by Avelino Gutierrez, Chairman at 8:30 am MDT.

Attendance – Board of Directors:

Present – Avelino Gutierrez, Adam Anderson, Sandy Bowling, Woody Chambers, Tina Thurman, Daphne Jefferson, Larry Herold, Mike Hoeme, Elizabeth Leaman, Scott Morris, Bob Pitcher, Monte Wiederhold, Carol Fallin,

Absent –Chris Burroughs and Rick Schweitzer

Avelino Gutierrez conducted a roll call of the States with self-introductions of government and industry representatives made by those in attendance.

Larry Herold moved to accept the meeting agenda, which was seconded by Sandy Bowling (Exhibit A) – motion passed

Sandy Bowling moved to accept the minutes for the March 16^th, 2017 Board meeting, seconded by Mike Hoeme, (Exhibit B)

Robert Pitcher moved to accept the minutes for the May 25^th, 2017 Board meeting, seconded by

Avelino Gutierrez established the teleconference ground rules.

UCR Legislative Update – No Update

FMCSA Update – Daphne Jefferson, Deputy Administrator FMCSA – Sent a letter to the Board in regards to the rulemaking for the change in the fees and will report more next month. Also in process on the re-nominations for Board Members.  This summer FMCSA will be doing numerous activities in relation to training etc. on the ELD’s.

RFP /Contract with Kellen – Scott Morris – moved to bring back the tabled motion to approve the Kellen contract, seconded by Robert Pitcher. Scott Morris then presented a revised motion to approve the revised contract with Kellen, seconded by Robert Pitcher, motion passed. (Exhibit C)

Report by DSL Transportation Services, Inc. – Dave Lazarides – updated the Board on the FARS (Focused Anomaly Reviews) program. The FARS seems to be a vital part of the auditing process.  It will also help states to demonstrate accountability. A website has been commissioned, the website is completed.

Sandy Bowling reported that she attended a meeting in relation to the data uploaded to FMCSA by the states on the vehicle registration.  She is trying to get the data to help in developing reports for everyone.

Audit Subcommittee – Mike Hoeme – Moved that underpaid motor carriers, that have under paid and it has been determined as such by the state and have not, be treated as unregistered in the registration status, seconded by Robert Pitcher, motion passed.

Mike Hoeme moved states that have not submitted their UCR audit report to the Audit Subcommittee by June 1^st, as required, shall receive a delinquent notice from the Audit Chair and that their status be posted on the UCR website. The State representative be summoned by the UCR Board to appear and explain to the Board their corrective action plan. Secondly, if the delinquent status continues the UCR Chair will send a letter to the States Governor highlighting the potential consequences.  Third, if the first two steps fail then that states Depository funds be frozen until compliant, seconded by Monte Wiederhold, motion passed.

Mike Hoeme moved that the Focused Anomaly Reviews (FARS) should be incorporated into each states audit program, seconded by Robert Pitcher, motion passed.

Mike Hoeme moved that states be allowed to develop their own auditing format as long as they meet the percentage requirements, seconded by Elizabeth Leaman, motion passed.

Procedures/Best Practices Subcommittee – Adam Anderson – turned the time over to Robert Pitcher, he gave out a copy of the outline for the reworking of the FAQ’s.

Procedure Subcommittee will begin working on language for changes to the agreement based upon the motions passed today.

Indiana System Subcommittee – Scott Morris – Continuing to work on the upgrades. The modification to move the money straight to the Depository will be a major change and will require a sit down with the programmers.

Indiana Department of Revenue – Sandy Bowling – Sandy reminded everyone to not have the UCR website set as a favorite in their web browsers.  Make sure the money verification for March is completed but not for May.

Avelino Gutierrez moved that the Boards policy that all states that have their own registration system will be required to upload the base file for the 2018 registration year to FMCSA, seconded by Scott Morris, motion passed.

Industry Advisory Subcommittee – Bob Pitcher – No report

Revenue and Fees Subcommittee – Larry Herold – No report.

Dispute Resolution Subcommittee – Tina Thurman – No report.

Robert Pitcher reminded us that as he had mentioned several times there will need to be a formalization of the stuff we had looked at this week by going through the public notice and hearing process.

Administrative Fee’s Subcommittee – Elizabeth Leaman – reported on her update on the contract being completed on the go to meeting. There will be some updates and edits made to the expenses policy and then sent to the committee and then the Board.

Depository Subcommittee – Scott Morris – Reviewed the quarterly budget especially the legal portion of this budget (Exhibit D).

Scott Morris moved that the annual budget be increased from $50,000 to $100,000 for the 2017 year, seconded by Elizabeth Leaman, motion passed.

Old/New Matters:

Avelino Gutierrez let everyone know that anyone who paid for a rental car to get to the conference from the airport will be reimbursed for that cost.

Robert Pitcher reminded us the Board needs to come up with a more formal procedure for comment on policies.

Avelino Gutierrez moved that the Board authorize the Chair to stay at the Doubletree by Hilton with a cost between $3000 to $4,000, with some incidentals, seconded by Scott Morris, motion passed.

Avelino moved that the Board approve a check for $3,555 plus or minus a few hundred dollars, Elizabeth Leaman

Future Board Meetings:

July 13^th, 2017 12:00 PM EDT

August 23^rd – 24^th, 2017 Board Meeting on the 24^th at 1 pm Pacific, Dana Point, CA

September 14^th, 2017 12:00 EDT

October 12^th, 2017 12:00 EDT

Winter Meeting – New Orleans Jan 28^th, 2018 to Feb 1^st, 2018 with NCSTS

June 3^rd – 7^th in Fort Lauderdale FL

Minutes approved by the UCR Board on .

Adam Anderson,

UCR Board Member/Secretary

Exhibit A – Meeting Agenda

Exhibit B – May 2017 Board Meeting Minutes

Exhibit C – UCR –services agreement with Kellen

Exhibit D – Qtrly Budget Report

Minutes of the One Hundred Seventeenth Unified Carrier Registration Plan Board of Directors Meeting
March 14^th, 2017
Tele-conference

The One Hundred Seventeenth (117^th) Unified Carrier Registration (UCR) Plan Board of Directors (Board) meeting was called to order by Avelino Gutierrez, Chairman at 9:00 am PST.

Attendance – Board of Directors:

Present – Avelino Gutierrez, Adam Anderson, Sandy Bowling, Woody Chambers, Tina Thurman, Daphne Jefferson, Larry Herold, Mike Hoeme, Elizabeth Leaman, Scott Morris, Bob Pitcher, Monte Wiederhold, Chris Burroughs and Rick Schweitzer.

Absent – Carol Fallin.

Avelino Gutierrez conducted a roll call of the States with self-introductions of government and industry representatives made by those in attendance.

Scott Morris moved to accept the meeting agenda, which was seconded by Sandy Bowling (Exhibit B) – motion passed.

Scott Morris moved to accept the minutes for the February 7^th 2017 Board meeting, seconded by Elizabeth Leahman, (Exhibit C)

Avelino Gutierrez established the teleconference ground rules.

UCR Legislative Update – No Update

FMCSA Update – Daphne Jefferson, Deputy Administrator FMCSA – None

Report by DSL Transportation Services, Inc. – Dave Lazarides – Reviewed three items:

First – the contingency plan.  Having only 90 days to try get a RFI or RFP out to potential vendors and all the steps to enter a contract, design a system and build it could not happen.  IF the Board could find a vendor and if the Board was free of the constraints of the RFI and RFP and the vendor is already familiar with the UCR, then you could probably do it but it would really cost.  Recommendation is that the Board gets proactive and start working now on a scope for an RFP.  Start now set aside $4 million and decide what is wanted in a registration system and streamline it.  We should move to only have one registration system instead of the 4 to 8 out there.

Second – met with Indiana on the updates and met with the new Indiana Administrator Rex Steffie.  Rex said he was committed to the MOU for the duration. Rex wants to run the Division as a business, look at and recalculate the costs and add a profit margin.

Third – audits and the focused anomaly reviews – it was fair to say that it was determined informally that t some of the carriers looked at owed more money.  Kansas was looking at a second round of letters to the carriers who did not respond to the first letter. (Exhibit D)

Audit Subcommittee – Mike Hoeme – By Dave Lazarides – there have been 24 states reply on the audit reports for 2015, the information gleaned was sparse because some states included the amount collected and some only included the number of audits done.

Procedures/Best Practices Subcommittee – Adam Anderson – Reported that there has only been one response on the FAQ update and that the committee has not had a chance to meet.

Indiana System Subcommittee – Scott Morris – continue to work on the various upgrades.  Still have a lot of issues on the depository side.

Indiana Department of Revenue – Sandy Bowling – Sandy reviewed the items that the programmers have completed and tested. She also reviewed some of the issues that are still in progress.

Industry Advisory Subcommittee – Bob Pitcher – let everyone know that he would not be at the Atlanta meeting and added that he had only received feedback from one person and he would start making revisions to the FAQ document and hoped to have it finished before the Atlanta meeting.

Revenue and Fees Subcommittee – Larry Herold – No report.

Requests for Proposals – Scott Morris – reported on the five responses received on the RFI. These responses were used to help formulate the Request for Proposal (Exhibit E). RFP response are due March 31^st, 2017.  Review and in-person interviews for finalists will be held on April 27^th. The Board will make a decision on April 28^th.

Rick Wood will check to see if the review of the RFP’s needs to be a closed session.

Scott Morris moved that Board allow the release of the RFP upon approval of the taskforce (Scott Morris, Avelino Gutierrez, Rick Schweitzer, Adam Anderson), seconded by Larry Herold, motion passed.

Dispute Resolution Subcommittee – Tina Thurman – Tina asked if the Board members had review the procedures document for the dispute resolutions.  It was decided to take a vote in April.

Woody asked about the status of Illinois.  Scott reported that Illinois had cleared up most of their back log.

Administrative Fee’s Subcommittee – Elizabeth Leaman – no report.

Depository Subcommittee – Scott Morris – still working with the accountants on the report for the 2016 calendar year.  Scott gave an update on the RFP and five companies had shown an interest. Scott is working on replies to those companies and will hold an in-person presentation to the potential applicants.  Responses are required to be turned in by March 31^st.

Reservations have been set up at the hotel in Buckhead. There are two interviews scheduled for Thursday, to start at 2 pm and then two on Friday morning before the afternoon Board meeting.

Avelino Gutierrez moved to authorize the RFP taskforce to pare down the applicants for the final presentation to four entities, seconded by Scott Morris, motion passed.

Old/New Matters:

Sandy Bowling – asked about the UCR letter that is needed for Mark Bryne, from Nebraska, in regarding the bus issue.  Avelino said he would get the letter out as soon as possible.

Rick Wood – asked if there was any more public comments on the fee reduction.  Avelino indicated that there was not.  Rick said that FMCSA is ready to move forward with the rule making procedure as soon as they get a fee recommendation.

Avelino Gutierrez said he would send a letter with no further comments and the fee recommendation.

Monte Weiderhold brought up about the difference in the cost on the hotel rates in San Diego.  Elizabeth said the reason there was a difference was because the Federal rate changed after it was booked.

Scott Morris moved that the Board recommend to the Secretary of Transportation that the 2018 and the 2019 fee structure be set in accordance to the 2018/2019 fee recommendation document as adjusted for the January and February numbers and directing the Chair to send aletter to FMCSA and USDOT with that recommendation, seconded by Larry Herold, motionpassed.

Future Board Meetings:

April 28^th, 2017 27^th, 28^th in Atlanta Georgia. Board meeting will be at 1:00 PM EDT
May 25^th, 2017 12:00 PM EDT
June 3^rd thru 7^th, 2017, Board Meeting on June 7^th, 2017 8:30 AM MDT (Santa Fe, NM)
July 13^th, 2017 12:00 PM EDT

Minutes approved by the UCR Board on June 7, 2017.

Adam Anderson,

UCR Board Member/Secretary

Exhibit A – 2018/2019 Fee Recommendation to FMCSA
Exhibit B – Meeting Agenda
Exhibit C – February 2017 Board Meeting Minutes
Exhibit D – Contract Services Report
Exhibit E – Draft RFP