FEBRUARY 9, 2010

IN THIS ISSUE

DEALER NEWS & INFORMATION

– Colorado Dealer Breakfast - NADA Convention 2010
– Automotive News at a Glance

– Let Us Help You Send Roses To Your Honey On Valentine's Day!

REGULATORY & LEGAL UPDATES
– FTC and FRB Release Final Risk-Based Pricing Rule: Effective January 1, 2011

LEGISLATIVE UPDATE

– CADA's Franchise Bill Heads to the Senate

– Next LPC Meeting is Wednesday, February 17th!

ALLIED MEMBERS
– Whitfeld Wagner Architects, Inc., New Allied Member

UPCOMING SEMINARS

– Fair Labor Standards Act Seminar

CALENDAR OF EVENTS
– Upcoming Events

– NADA Convention and Exposition
– NADA Convention and Exposition Workshop: Distracted Driving - Your Dealership Can't Afford It!

– CADA Legislative Policy Committee Meeting

– Rocky Mountain Automotive Press Luncheon

– Denver Auto Show

– NADC 6th Annual Member Meeting & Conference

– CADA 2010 Annual Golf Tournament

DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS
–John Schenden of Pro Chrysler Jeep Receives Business Person of the Year Award

–Bob Penkhus Helps in Haiti

–Denver Groove Automotive Adds Burt Ford, Burt Mazda and Auto Brokerage H.M. Brown & Associates to its Local Dealership Network

–Share Your Accomplishments

THE AFTERFACT

–All the News That's Fit to Email!

ARCHIVES

CLICK HERE for Open Road
e-newsletter archives.

CLICK HERE for an Index of Regulatory
& Legal Articles from the Open
Road e-newsletter.

CLICK HERE for Bulletin archives.

CLICK HERE for Colorado Auto
Outlook archives.

CLICK HERE for Denver Auto
Outlook archives.

ONLINE REGISTRATION

CLICK HERE to register online
for various CADA seminars & events.

MEMBERSHIP RESOURCES

CLICK HERE for details on the
Speaker and Educational
Resources.

CLICK HERE for a list of current
Endorsed Vendors/Programs.

CLICK HERE for a list of current
Allied Members.

CLICK HERE for an order form for
CADA forms.

CLICK HERE for information on all member services.

www.nada.org

CLICK HERE for NADA
Regulatory Affairs information.

STATE GOVERNMENT RESOURCES

CLICK HERE for the Auto Industry
Division of the Colorado Dept.
of Revenue.

CLICK HERE for the Title and
Registration section of the
Colorado Dept. of Revenue,
Motor Vehicles Division.

CLICK HERE for the Colorado
Department of Labor &
Employment website.

Visit us at www.coloradodealers.org.

CADA Hours of Operation
Monday to Thursday, 7 a.m. to 5 p.m.
Friday, 7 a.m. to 4 p.m.

CADA STAFF

CLICK HERE for a CADA staff listing

If you have questions
or suggestions regarding this
e-newsletter, please
contact Lauren Stadler at
lauren.stadler@coloradodealers.org

CLICK HERE or scroll to the bottom
of this page if you want to be
added or removed from our list.

Need Acrobat Reader
to view linked
documents?
CLICK HERE for a FREE
download from Adobe.

ENDORSED VENDOR/PROGRAMS

CLICK HERE for information about the
Endorsed Vendors/Programs.

If you have trouble viewing any of the links or documents in this e-newsletter, please CLICK HERE to access the web-based version.

~ NOT TOO LATE! REGISTER TO ATTEND! ~
COLORADO DEALER BREAKFAST - NADA CONVENTION 2010

AUTOMOTIVE NEWS AT A GLANCE

Listed here are several articlespertaining to the
auto industry in general that appeared recently in newspapers and other media outlets across the nation.

LET US HELP YOU SEND ROSES TO YOUR HONEY ON VALENTINE'S DAY!

* * * * * * * *

FTC AND FRB RELEASE FINAL RISK-BASED PRICING RULE: EFFECTIVE JANUARY 1, 2011

More regulatory mandates coming your way…

The Federal Reserve Board and the Federal Trade Commission have released their long-awaited joint Final Risk-Based Pricing Rule.  The rule, which implements section 311 of the FACT Act of 2003 and takes effect January 1, 2011, generally applies to dealers who obtain a credit report regarding a consumer and then enter into a credit transaction with that consumer.  Covered dealers must issue a Risk-Based Pricing Notice (RBPN) to those consumers to whom the dealer extends credit on terms that are "materially less favorable" than those entered into with a "substantial proportion" of the dealer's other credit customers.  Because of the difficulty in determining which customers fit into this ill-defined category, NADA recommended -- and the agencies adopted -- an Exception Notice that dealers and other creditors may issue in lieu of the RBPN.  The criteria for using the Exception Notice and other elements of the Risk-Based Pricing Rule are explained in a preliminary NADA summary available here.

* * * * * * * *

If you have questions on any legal or regulatory topic, please contact:

• Tammi McCoy, Vice Pres., tammi.mccoy@coloradodealers.org, 303.282.1449
• Tim Jackson, President, tim.jackson@coloradodealers.org, 303.282.1448

DISCLAIMER: CADA is not authorized to dispense legal advice.The information contained in this weekly email is intended to provide important updates and reminders regarding statutes, litigation, and regulations. CADA always advises that dealers should consult legal counsel on the specifics of any laws or regulations to ensure proper compliance

CADA'S FRANCHISE BILL HEADS TO THE SENATE

CADA's Franchise bill, HB 1049, which provides terminated dealers with a first right of refusal to take back their franchises that were cut during the GM and Chrysler bankruptcies, passed out of the House of Representatives on Monday by a vote of 60-5. The bill also beefs up protections for all dealers on the issues of facility upgrades, sales and incentive audits, and penalties by manufacturers when vehicles are exported without the dealers' knowledge. Opposing the bill were Rep. Paul Weissmann (D-Louisville), Rep. Jack Pommer (D-Boulder), Rep. Claire Levy (D-Boulder), Rep. Joel Judd (D-Denver) and Rep. Jim Riesberg (D-Greeley).

The bill now heads to the Senate, where it has been assigned to the Business, Labor & Technology committee. The bill has not yet been scheduled for hearing.

* * * * * * * *

NEXT LPC MEETING IS WEDNESDAY, FEBRUARY 17th!

For the most up-to-date dealer-related legislative information, please attend CADA’s next Legislative Policy Committee meeting on Wednesday, February 17th at 7:30 a.m. at CADA.  The LPC is an open forum, round-table style discussion group that meets once a month to discuss the current state of politics in Colorado and how it affects you and your dealership.  During the legislative session, your involvement in the LPC is especially critical.  Political activism is one of the many benefits you receive from your CADA membership and you can and should have a say in what we do at the Capitol.  Especially in light of the historic termination of dealers in 2009, we need you to be a part of our political dialogue.  We hope to see you soon!

* * * * * * * *

Questions or Comments?  Please contact:

• Melissa Kuipers – VP of Government Relations and Communications
  melissa.kuipers@coloradodealers.org, 303.457.5115
• Tim Jackson, President, tim.jackson@coloradodealers.org, 303.282.1448

ALLIED MEMBERS
WHITFELD WAGNER ARCHITECTS, INC., NEW ALLIED MEMBER

CADA would like to welcome its newest Allied Member, Whitfield Wagner Architects, Inc.  a full service architectural firm and interior design firm with offices in Denver and Southern California, serving automobile dealership clients throughout the region.  They also serve  as a national design partner for BMW of North America, and Mini USA.  For more information, please contact Walt Wagner, 760.729.0533, walt@wagnerarchitecture.com

FAIR LABOR STANDARDS ACT SEMINAR

Wed., Mar. 10th, 2010
8:00am to 10:00am
(breakfast included)

CLICK HERE for registration and more information!

Objective:
As the U.S. Department of Labor’s enforcement of the Federal Fair Labor Standards Act continues to evolve, it is important that employers keep apprised of the current wage and hour laws and their enforcement by the U.S. Department of Labor. This detailed presentation is designed to help you limit your exposure to potentially costly claims and fines and update you on the latest issues under the Federal Fair Labor Standards Act.  

Highlights of topics include:                                                                     

• Discussion regarding the current minimum wage laws;
• How to calculate a sales person pay, when a sales person has not earned enough in commission;
• How to determine whether an employee can properly be categorized as exempt from overtime;
• The importance of keeping timesheets and all other wage and hour records on all employees;
• Most common pitfalls for employers under the FLSA;
• Most recent bulletin/guidelines issued by the U.S. Department of Labor.

Presented by: Timothy Nemecheck and Michelle Magruder, Nemechek and Magruder, LLC

* * * * * * * *

TO REGISTER ONLINE FOR ANY CADA SEMINAR OR EVENT, PLEASE VISIT: www.coloradodealers.org/registration

* * * * * * * *

If you have a particular area of interest or would like to suggest a training seminar topic, please contact Lauren Stadler at 303.457.5123 or lauren.stadler@coloradodealers.org

Event Description	Date/Time	Location
NADA Convention & Exposition	Feb. 13-15, 2010	Orange County Convention Center, Orlando FL CLICK HERE for more information from the official website.
NADA Convention & Exposition Workshop Distracted Driving - Your Dealership Can't Afford It!	Friday, February 12 3:15 - 4:30 p.m.    Sunday, February 14 3:30 - 4:45 p.m.  Monday, February 15 10:30 - 11:45 a.m.	Orange County Convention Center, Orlando FL CLICK HERE for more information.
Colorado Dealer Breakfast - NADA Convention 2010	Feb. 14, 2010 7:15am - 9:00am	Rosen Centre Hotel (closest to convention center), Signature 2 Room 9480 International Drive, Orlando, FL CLICK HERE for more information! RSVP: Call Lauren Stadler at 303.457.5123 or email lauren.stadler@coloradodealers.org rsvp@coloradodealers.org
CADA Legislative Policy Committee Meeting	Wed., Feb. 17 7:30am	William D. Barrow Building (CADA Headquarters) 290 E. Speer Blvd (SW Corner of Grant/Speer), Denver, CO Phone: 303.831.1722
Rocky Mountain Automotive Press Luncheon	Wed., Feb. 17 12:00pm-1:30pm	William D. Barrow Building (CADA Headquarters) 290 E. Speer Blvd (SW Corner of Grant/Speer), Denver, CO Phone: 303.831.1722 CLICK HERE for more information! To register online, CLICK HERE!
	Wednesday, April 7, 2010 thru   Sunday, April 11, 2010	Colorado Convention Center 700 14th Street Denver 80202 CLICK HERE for more information.
National Association of Dealer Counsel's 6th Annual Member Meeting and Conference Dallas, Texas	April 11 to 13, 2010	Four Seasons Resort, Dallas at Las Colinas CLICK HERE for more information!
CADA 2010 Annual Golf Tournament SAVE THE DATE!	Monday, August 9, 2010 11:00am-11:45am Registration/Practice 12:00 Noon – Shotgun Start	Lakewood Country Club 6800 W. 10th Avenue Lakewood, CO  80214

JOHN SCHENDEN OF PRO CHRYSLER JEEP RECEIVES BUSINESS PERSON OF THE YEAR AWARD

METRO NORTH REGION, COLO --- On Friday, January 29th John Schenden, President of Pro Chrysler Jeep Dodge was honored as Business Person of the Year at the Metro North Chamber Annual Gala.  This unique, prestigious award recognizes an individual who has shown an outstanding commitment and service to the Metro North area community and the Metro North Chamber of Commerce.

CLICK HERE to continue reading.

From left to right: Howard Gelt - Shareholder, Polsinelli Shughart PC; John Schenden - President, Pro Chrysler Jeep Dodge; Deborah Obermeyer - CEO, Metro North Chamber of Commerce; Todd Steward - CEO, North Suburban Medical Center

* * * * * * * *

BOB PENKHUS HELPS IN HAITI
Bob Penkhus is pictured third from the right in the back row

Medical supplies and equipment are off-loaded in Haiti

A group of 9 doctors and nurses boarded a private plane owned by Bob Penkhus of Bob Penkhus Volvo, Mazda and Volkswagen of Colorado Springs, bound for Haiti, on a medical mission to help earthquake victims.

One team left around 6 a.m., is scheduled to land in the capital city of Port-Au-Prince by 5 p.m.  The second team was scheduled to leave on a commercial jet around 10 a.m., and meet the private plane in Florida.

"We've amassed probably, I would say, a quarter of a million dollars in surgical implants, medical supplies, and now we have the means to get there," said Dr. Richard Meinig, a trauma surgeon. The trauma experts say they know their trip to Haiti offers a lot of unknown, but they say they're ready. "We anticipate no operating rooms, no pain control, doing surgery on kids without anesthesia. We're anticipating the absolute worst," said Dr. Willard.

Because most of the buildings in Port-au-Prince, Haiti have collapsed Dr. Meinig anticipates a lot of crushed and fractured bones. "We've also brought plates, screws and rods, which are implants. Normally in a country like Haiti, just simply because of the cost, [these implants] wouldn't be available," said Dr. Meinig. Now, because of generous people and businesses in southern Colorado a few of those supplies will get there.
The two teams of doctors and nurses are flying out in two parts. The teams plan on staying for five to seven days, but because of the poor conditions there they can't plan, for certain, when they can fly back from Haiti.

Bob Penkhus has flown the several missions between Miami and Haiti, hauling medical supplies, and support teams and will for the remainder of the week.

Bob Penkhus sites with photos:

Blog:
http://bobpenkhus.blogspot.com

Twitter:
http://twitter.com/bobpenkhus

Facebook:
http://www.facebook.com/bobpenkhus

* * * * * * * *

DENVER GROOVE AUTOMOTIVE GROUP ADDS BURT FORD, BURT MAZDA AND AUTO BROKERAGE H.M. BROWN & ASSOCIATES TO ITS LOCAL DEALERSHIP NETWORK
         
Centennial, Colo.—February 8, 2010—Colorado-based Groove Automotive Group, announced today that it has increased its stake in Denver’s automobile business scene with the purchase of two more Burt Automotive franchises and a Burt auto brokerage: Burt Ford and Mazda on Arapahoe Road and H.M. Brown & Associates, all located in Centennial. The dealerships have been renamed GROOVE FORD AND GROOVE MAZDA. Auto brokerage H.M. BROWN & ASSOC. will continue to operate under its present name.

CLICK HERE to read the press release in full.

* * * * * * * *

LET US KNOW ABOUT YOUR ACCOMPLISHMENTS!

Have you or anyone else at your dealership won an award recently? Have you or your dealership provided any outstanding community service? We want to recognize such accomplishments. Please send us a brief write-up of the award or event along with any other information to milestones@coloradodealers.org. Also include your contact information for further follow-up.

If you want to be added to our mailing list, please CLICK HERE.

To remove yourself from this list, click on this link.