December 2017 (final)

Unified Carrier Registration Agreement

Board of Directors Meeting (#125)

 December 14, 2017
Atlanta, GA

 

ATTENDEES

(Board & Staff)

 

NAME ORGANIZATION PRESENT
Avelino Gutierrez (Chair) NMPRC X
Bob Pitcher ATA X
Adam Anderson UDOT X
Carol Fallin TXDMV X
Cathy Gautreaux FMCSA
Elizabeth Leaman MADPU X
Larry Herold COPUC X
Woody Chambers OOIDA X
Monte Wiederhold Reever Transport X
Chris Burroughs TIA
Rick Schweitzer NPTC X
Mike Hoeme KCC X
Sandy Bowling INDOR X
Scott Morris ALPSC X
Tina Thurman MODOT X
Dave Scholz, Depository Manager UCR X
Jon Krueger, Operations Manager UCR X
Brooke Mason UCR X
Dave Lazarides, Consultant DSL X

 

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.

November 2017 (final)

Unified Carrier Registration Agreement

Board of Directors Meeting (#125)

November 30, 2017

Teleconference

 

ATTENDEES

NAME ORGANIZATION PRESENT
Avelino Gutierrez (Chair) NMPRC X
Bob Pitcher ATA X
Adam Anderson UDOT X
Carol Fallin TXDMV X
Cathy Gautreaux FMCSA X
Elizabeth Leaman MADPU X
Larry Herold COPUC X
Woody Chambers OOIDA X
Monte Wiederhold Reever Transport
Chris Burroughs TIA X
Rick Schweitzer NPTC X
Mike Hoeme KCC X
Sandy Bowling INDOR X
Scott Morris ALPSC X
Tina Thurman MODOT X
Dave Scholz, Depository Manager UCR X
Jon Krueger, Operations Manager UCR X
Dave Lazarides, Consultant DSL X

 

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.

 

October 2017 (final)

Unified Carrier Registration Agreement

Board of Directors Meeting (#124)

October 26, 2017

Webcast & teleconference

MINUTES

NAME ORGANIZATION PRESENT
Avelino Gutierrez (Chair) NMPRC X
Bob Pitcher ATA X
Adam Anderson UDOT X
Carol Fallin TXDMV X
Daphne Jefferson FMCSA X
Elizabeth Leaman MADPU X
Larry Herold COPUC X
Woody Chambers OOIDA X
Monte Wiederhold Reever Transport X
Chris Burroughs TIA X
Rick Schweitzer NPTC
Mike Hoeme KCC X
Sandy Bowling INDOR X
Scott Morris ALPSC X
Tina Thurman MODOT X
Dave Scholz, Depository Manager UCR X
Jon Krueger, Operations Manager UCR X
Dave Lazarides, Consultant DSL X

 

Welcome, Call to Order & Introductions

Chair Avelino Gutierrez called the meeting to order at 12:02 p.m. Eastern and welcomed attendees.  Board members and non-Board members present on the call introduced themselves.

 

Verification of Meeting Notice

Mr. Gutierrez confirmed that a notice of the October 26 Board meeting was published in the Federal Register on October 17.

 

Review & Approval of Agenda and Setting of Ground Rules

Mr. Gutierrez asked for any additions or modifications to the agenda.  It was suggested that a request from Texas Department of Motor Vehicles be addressed under Old/New Business.

A MOTION was MADE and SECONDED to approve the amended agenda.  THE MOTION CARRIED.

 

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

Mr. Gutierrez reported that minutes from the September 14 Board meeting were distributed in draft form.  He asked for questions and there were none.

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

 

Critical Issues

FMCSA Rulemaking on 2018 Fees

Daphne Jefferson reported that FMCSA’s process for final rulemaking regarding 2018 UCR registration fee levels is “moving forward” but not yet complete.

Following discussion, a MOTION was MADE and SECONDED to postpone until further notice the start of the 2018 UCR registration year.  THE MOTION CARRIED.

A MOTION was MADE and SECONDED for UCR to deliver a recommendations to states that they delay enforcement of the 2018 program until 90 days after the final rulemaking is published.  THE MOTION CARRIED.

The Board instructed staff to draft new updates to states and carriers for distribution by the Indiana Department of Revenue [DONE].

Ms. Jefferson reported that she is retiring from FMCSA in early November.  Mr. Gutierrez commended Ms. Jefferson’s valued service and support of UCR over the years.

 

Latest on Request for Injunction

Mr. Gutierrez gave a brief update on the recent court case involving UCR and answered questions.

He reported that minutes from the September 2017 Board meeting are currently posted online at the new UCR website (www.ucrplan.org), as well as the UCR section of the Indiana Department of Revenue website.

 

UCR 2.0 Request-for-Proposal

Scott Morris reported that his Task Force is finalizing an agreement with RSM to develop a request-for-proposal for the new UCR 2.0 registration system.  Mr. Morris provided more updates during the Indiana System Subcommittee report later in the meeting.

 

Proposed New Policies for Board Adoption

Depository Manager Dave Scholz presented several draft policies for Board consideration.

  • A MOTION was MADE and SECONDED to accept the Whistleblower policy as presented, with an effective date of December 1, 2017. THE MOTION CARRIED.
  • A MOTION was MADE and SECONDED to accept the Conflict of Interest policy as presented, with an effective date of February 1, 2018. THE MOTION CARRIED.
  • Following discussion, a MOTION was MADE and SECONDED to table the Document Retention & Destruction policy until the December Board meeting. THE MOTION CARRIED.
  • Following further discussion, a MOTION was MADE and SECONDED to table the Financial Reserve policy indefinitely. THE MOTION CARRIED.

 

UCR Website

Operations Manager Jon Krueger reported that UCR’s new temporary website launched in late October and that progress toward launching the final website in December is still on track.

 

Updates concerning UCR Legislation

There were no updates.

 

Report of Dave Lazarides, DSL Transportation Services, Inc.

Dave Lazarides reported on his latest activities, including the latest FARs report, updates for state administrators on the Indiana website and the memo of understanding with FMCSA to obtain UCR data, as was previously approved by the Board.

 

Subcommittee Reports

Audit Subcommittee

Chair Mike Hoeme reported that he will use as guidance the UCR subcommittee roles & responsibilities report, distributed by staff, moving forward.

 

Procedures Subcommittee

Chair Adam Anderson reviewed updated registration forms for the 2018 UCR year.  Several edits were suggested and implemented.

Following discussion, a MOTION was MADE and SECONDED to accept the amended registrations forms pending the final rulemaking for 2018 fees from FMCSA.  THE MOTION CARRIED.

Mr. Anderson reported that he would share final versions with staff in order to complete formatting and incorporate the UCR logo [DONE].

Mr. Anderson asked Bob Pitcher for an update on the UCR FAQ/Handbook, and Mr. Pitcher reported it will likely be ready for Board review and approval by the end of the year.

 

Indiana System Subcommittee

Chair Scott Morris, with assistance from Mr. Lazarides and Mr. Scholz, reviewed a report from the RFP Task Force on five key questions related to functionality and features for the new UCR 2.0 registration system:

 

Paper Forms

A MOTION was MADE and SECONDED for the RFP to call for the new registration system to only accept online forms and discontinue acceptance of paper/hard copy forms.  THE MOTION CARRIED.

 

State Systems

The Board agreed to defer until the November Board meeting further discussion on whether the RFP will call for the new registration system to be the sole UCR-accepted system, thereby eliminating the need for individual state systems.

 

Depository

A MOTION was MADE and SECONDED for the RFP to not include development of a new Depository portal or section, thereby making it necessary for the Depository to be handled separately moving forward.  THE MOTION CARRIED.

 

Single UCR Enforcement Website

A MOTION was MADE and SECONDED for the RFP to include the development of an authoritative, single source UCR registration and enforcement website.  THE MOTION CARRIED.

 

Customer Service Support

A MOTION was MADE and SECONDED for the RFP to include customer service support as an optional, added service from potential vendors.  THE MOTION CARRIED.

 

Indiana Department of Revenue

Chair Sandy Bowling reported on recent activities and customer service metrics at IDOR and answered questions.

 

Industry Advisory Subcommittee

Chair Bob Pitcher reported that the a notification about the latest delay to the start of the 2018 registration year will be included in the next American Trucking Association e-newsletter.

 

Revenue and Fees Subcommittee

Chair Larry Herold, with assistance from Mr. Morris, reported that the Board will be asked at its December 2017 meeting to consider an adjustment to the already-proposed carrier fee levels for 2019-2020.

 

Dispute Resolution Subcommittee

Chair Tina Thurman reported that her subcommittee continues to develop state performance standards by which peer reviews will be executed.

 

Administrative Fees Subcommittee

Chair Elizabeth Leaman reported on several completed management transition items, including Board meeting logistics and Concur expense approvals now being handled by the Kellen staff.

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

 

Depository Subcommittee

Chair Scott Morris reviewed a proposed engagement letter with Jackson Thornton to handle any outside accounting services required by UCR.  A MOTION was MADE and SECONDED to authorize Mr. Morris or Mr. Gutierrez to execute the engagement letter.  THE MOTION CARRIED.

 

Old/New Matters

Mr. Gutierrez welcomed Andrew Light, partner with an Indiana-based law firm, to the call.  Mr. Light reviewed a letter he recently sent to the UCR Board concerning how the UCR Act applies to intrastate non-charter bus operations.

Following discussion, Mr. Gutierrez instructed staff to place this issue under Critical Issues for the upcoming November Board conference call for further discussion.  Mr. Hoeme agreed to research the financial impact of non-charter buses on the program.

Mr. Gutierrez welcomed Whitney Brewster, executive director of the Texas Department of Motor Vehicles, to the call.  Ms. Brewster reviewed a letter her organization recently sent to the Board alleging that Texas is owed unpaid fees as part of the UCR program.

Following discussion, Mr. Gutierrez appointed a Task Force to investigate the matter further.  Serving on the Task Force are Mr. Gutierrez, Larry Herold, Bob Pitcher and Scott Morris.

 

Future Board Meetings

Teleconferences

  • November 30 at Noon Eastern (teleconference)
  • 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 4:44 p.m. Eastern.

September 2017 (final)

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

BOARD & STAFF ATTENDEES

NAME ORGANIZATION PRESENT
Avelino Gutierrez (Chair) NMPRC X
Bob Pitcher ATA X
Adam Anderson UDOT X
Carol Fallin TXDMV X
Daphne Jefferson FMCSA X
Elizabeth Leaman MADPU X
Larry Herold COPUC X
Woody Chambers OOIDA X
Monte Wiederhold Reever Transport X
Chris Burroughs TIA
Rick Schweitzer NPTC
Mike Hoeme KCC
Sandy Bowling INDOR X
Scott Morris ALPCS X
Tina Thurman MODOT X
Dave Scholz, Depository Manager UCR X
Jon Krueger, Operations Manager UCR X
Brooke Mason, Staff Associate UCR
Dave Lazarides, Consultant DSL X

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.

August 2017 (final)

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

BOARD & STAFF ATTENDEES

NAME ORGANIZATION PRESENT
Avelino Gutierrez (Chair) NMPRC X
Bob Pitcher ATA X
Adam Anderson UDOT X
Carol Fallin TXDMV X
Daphne Jefferson FMCSA X
Elizabeth Leaman MADPU X
Larry Herold COPUC X
Woody Chambers OOIDA
Monte Wiederhold Reever Transport X
Chris Burroughs TIA
Rick Schweitzer NPTC
Mike Hoeme KCC X
Sandy Bowling INDOR X
Scott Morris ALPCS X
Tina Thurman MODOT X
Dave Scholz, Depository Manager UCR X
Jon Krueger, Operations Manager UCR X
Brooke Mason, Staff Associate UCR
Dave Lazarides, Consultant DSL X

 

 

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.