Attorney Committee Presentation for IFTA | Complex Legal Environment
Explore the establishment and functions of the Attorney Section and ASSC, focusing on the need for the Attorney Committee in managing legal issues related to the complex environment of IFTA. Learn about the purpose and background of the committee, including proposed functions aimed at assisting jurisdictions and legal staff in addressing legal challenges effectively.
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Presentation Transcript
FTPBP #2-2020 Attorney Committee Presentation 2020 IFTA ABM David Poore Deputy Supervisor Justice, Health and Revenue Group BC Ministry of Attorney General david.poore@gov.bc.ca (250) 356-0020 Paul Nilsen Assistant General Counsel Wisconsin Department of Transportation Paul.Nilsen@dot.wi.gov (608) 261-0126
IFTA Exists in a Complex Legal IFTA Exists in a Complex Legal Environment Environment Laws of 60 different sovereign jurisdictions (48 member states, 10 member provinces, 2 federal governments) 2 constitutions governing 2 federal systems IFTA Agreement By-Laws Of IFTA Inc. Arizona not-for profit corporate law (IFTA Inc.)
Need for Committee Need for Committee IFTA Purpose - R130 making uniform administration of motor fuels use taxation laws No law firm has expertise on 60 legal systems Jurisdictions administer/enforce each other s laws Need to train legal staff unique and ready made resource - there is no other way or place Need to retain and pass on corporate memory on legal issues.
Need for Committee Need for Committee R140 enable participating jurisdictions to act cooperatively and provide mutual assistance in the administration and collection of motor fuels use taxes Agreement/by-laws must be applied and amended in the context of the laws/legal issues faced by IFTA A Committee to discuss Law Enforcement but no Committee to discuss the Law itself. Need to facilitate communication on legal issues Need to support members/committees/organization Provide industry with access to a central point for legal issues, allows attorneys to understand industry s concerns
Background Background Attorney Section and ASSC Attorney Section and ASSC Established in 1992 Always served IFTA and functioned as a standing committee Charter approved/adopted 1998 Purposes: Train legal staff from member jurisdictions Facilitate cooperation on legal issues Review ballot proposals re: legal issues Plan and conduct annual meeting Support other committees (e.g. Audit and Attorney cross-training).
Proposed Function of Attorney Proposed Function of Attorney Committee Committee Assist other committees, jurisdictions and board as requested ID legal issues in early drafting of, e.g. ballots Continue to provide training/info sessions Train legal staff from member jurisdictions Facilitate cooperation and dialogue on legal issues
Response to Concerns Response to Concerns Virtually no cost Attorney Committee will have no decision-making power not even sponsoring ballots (R1600 most other committees can) provide only training and assistance No conflict of interest beyond the potential conflict that any committee or board member has Attorney Committee is not IFTA s attorney The positive benefits cannot be accomplished without establishing a committee Board decision based on view of Attorney Section as a Special Committee . No input from jurisdictions.
Q&A Time David Poore (250) 356-0020 David.poore@gov.bc.ca Paul Nilsen (608) 261-0126 Paul.Nilsen@dot.wi.gov
