Executive Committee Meeting 12/2016

PUBLIC NOTICE & AGENDA


Multistate Tax Commission Executive Committee Meeting
Westin Houston Memorial City
945 Gessner Street
Houston, Texas

Thursday, December 15, 2016
8:00 a.m. to 3:00 p.m. Central Time

Dial-In Number: (719) 325-2630
Conference Code: 794129# 

I. Welcome and Introductions
II. Initial Public Comment Period
  In accordance with its Public Participation Policy, the Commission provides this opportunity for members of the public to address the Commission directly on this agenda. The Chair may also provide for public comment before or during the committee's discussion of specific agenda items.
III.
Approval of Minutes of Executive Committee Meeting on July 28, 2016, and October 4, 2016
IV. Report of the Chair
    A.  Election of Executive Committee Member for Unexpired Term Due to Vacancy
    B.  Annual Meeting Date
V.
Report of the Treasurer
    A. Financial Report for the 4-month period July 1, 2016 – October 31, 2016
    B. Approval of audited financial statements as reported in the independent auditor report for fiscal year July 1, 2015 – June 30, 2016 (updated as of 12-12-2016)
VI. Report of the Executive Director
  Annual Report of the Commission
VII.  Committee Reports 
  A.  Audit Committee
  B.  Litigation Committee
  C.  Nexus Committee
  D.  State Intercompany Transactions Advisory Service
  E.  Strategic Planning Steering Committee
  F.  Uniformity Committee
  G.  Other Committee Business (if any)
VIII.  Uniformity
  A.  Model Sales and Use Tax Notice and Reporting Statute – Status of Litigation Report
B.  Other Uniformity Matters (if any)
IX. Preliminary Discussion of Amendments to Bylaws
  A.  Bylaw 3 (Amending terms that reflect gender references; eliminating uncertainty over commencement of terms; clarifying procedures for filling vacancies; conforming dates for preparation of annual report)
B.  Bylaw 4 (Amending terms that reflect gender references; conforming date for holding annual meeting)
C.  Bylaw 6 (Amending terms that reflect gender references; clarifying use of committees structure)
D.  Bylaw 7 (Amending terms that reflect gender references)
E.  Bylaw 8 (Amending terms that reflect gender references; updating financial limits)
F.   Bylaw 10 (Amending terms that reflect gender references)
G.  Bylaw 13 (Conforming committee participation)
H.  Bylaw 14 (Amending terms that reflect gender references)
I.  Proposed Changes to Eliminate Use of Word “Shall” (which has multiple meanings that can cause interpretative problems)
X.  Federal Issues with State Tax Implications
  A. S.2555 (proposed Sec. 21), MOBILE NOW Act and companions S.1261/H.R.1087, Wireless Telecommunications Tax and Fee Collection Fairness Act of 2015
B. S.698, Marketplace Fairness Act of 2015/H.R.2775, Remote Transactions Parity
Act of 2015/H.R. 5893, No Regulation Without Representation Act/ proposed Online Sales Simplification Act
C. S.386/H.R.2315, Mobile Workforce State Income Tax Simplification Act of 2015
D. S.851/H.R.1643, Digital Goods and Services Tax Fairness Act of 2015
E. S.1164/H.R.1528, End Discriminatory State Taxes for Automobile Renters Act of 2015
F. S.2117/H.R.3663, To prevent certain discriminatory taxation of natural gas pipeline property
G. H.R.2584, Business Activity Tax Simplification Act of 2015
H. Federal Tax Reform
I. Other Federal Legislative Activity
XI. Upcoming Meetings & Events
  2017 Winter Committee Meetings, March 8 to 10 — San Diego, California

50th Annual Conference & Meetings, July 31 to August 3, 2017 — Louisville, Kentucky
  --------------------------------------------------   CLOSED SESSION   ----------------------------------------------------------------
XII.  Consideration of Confidential Matters during Closed Session
  A.  Nexus Committee & National Nexus Program  
      1.  Approval of Minutes of Closed Session on July 28, 2016  
      2.  Report on Confidential Matters  
 
Pursuant to the Commission's Public Participation Policy, Section 15, Subsection (c), this item is scheduled for a closed session because it involves confidential taxpayer information, the disclosure of which is prohibited by law.  Pursuant to the Commission's Public Participation Policy, Section 16, consideration of minutes is scheduled for a confidential session because that policy requires that the minute book of a closed session be kept confidential.
  
  B.  Audit Committee & Joint Audit Program  
      1.  Approval of Minutes of Closed Session on July 28, 2016  
      2.  Report on Confidential Matters  
 
Pursuant to the Commission's Public Participation Policy, Section 15, Subsection (c), this item is scheduled for a closed session because it involves confidential taxpayer information, the disclosure of which is prohibited by law.  Pursuant to the Commission's Public Participation Policy, Section 16, consideration of minutes is scheduled for a confidential session because that policy requires that the minute book of a closed session be kept confidential.
  
  C.  Items Related to Pending Litigation & Commission Personnel Matters (if any)  
      1.  Approval of Minutes of Closed Session on July 28, 2016  
      2.  Litigation regarding Compact Article III Election  
      3.  Other Confidential Matters  
 
Pursuant to the Commission's Public Participation Policy, section 15, subsection (f), an item relating to pending litigation may be scheduled for a closed session if it involves a current adjudicatory proceeding to which the Commission or a member State is a party; if it involves significant exposure to litigation against the Commission or a member State, if this body needs to decide if a significant exposure to litigation exists; or if the Commission or a member State is initiating or making a decision to initiate litigation.  Pursuant to section 15, subsection (a) and (e), an item may be scheduled for a confidential session because it involves confidential personnel information or the discharging of responsibilities related to salaries, salary schedules, or compensation paid in the form of fringe benefits.
  
  --------------------------------------------------   PUBLIC SESSION RECONVENED   ----------------------------------------------------------------  
XIII. Resumption of Public Session and Reports from Closed Session (if any)  
XIV. Adjournment  


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