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MARCH 9, 2010
IN THIS ISSUE
 DEALER NEWS & INFORMATION
– Automotive News at a Glance
REGULATORY & LEGAL UPDATES
– The Dealer's Obligation In Colorado To Sell Properly Equipped Vehicles
LEGISLATIVE UPDATE
– HB 1049 Legislative Update
UPCOMING SEMINARS
– Fair Labor Standards Act Seminar
CALENDAR OF EVENTS
– Upcoming Events
– Join us in Celebrating at the Colorado Broadcasters Awards of Excellence Banquet
– "Forty under 40" - Join us in Honoring Melissa Kuipers, Vice President of CADA
– Denver Auto Show
– Unclaimed Property Corporate Compliance and Regulatory Responsibilities
– NADC 6th Annual Member Meeting & Conference
– CADA 2010 Annual Golf Tournament
DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS
–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.
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ENDORSED VENDOR/PROGRAMS
CLICK HERE for information about the
Endorsed Vendors/Programs.
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If you have trouble viewing any of the links or documents in this e-newsletter, please CLICK HERE to access the web-based version.
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.
- Slighted Car Dealers Take Fight to Colorado Legislature
PBS News Hour, March 8
Car dealers are struggling to stay open, even though manufacturers GM and Chrysler have rescinded plans to close hundreds of dealerships across the U.S. Tom Bearden reports on how dealers in Colorado are fighting for survival at the state level.
- Hundreds of GM dealers could get their stores back
Detroit Free Press, March 5
General Motors said today that it is sending letters to 661 dealers that lost their franchises through a dealership consolidation program, which will give them an opportunity to apply for reinstatement.
- GM could bring back 661 shuttered dealers
The Detroit News, March 5
General Motors Co. is expected to restore more than half of the 1,160 dealers who have appealed the automaker's attempts to close them down, according to a source familiar with negotiations.
- House panel wants more Toyota acceleration details
The Detroit News, March 5
The House Energy and Commerce Committee said Friday that documents provided by Toyota Motor Corp. didn't appear to rule out electronic defects in its vehicles and requested more information from the automaker.
- Engineers wring 30 mpg on the highway from the 2011 Ford Mustang V6
Auto Week, March 4
First Ford got us excited by making some major engine upgrades to the Mustang for 2011--a 305-hp, 3.7-liter V6 and a 412-hp, 5.0-liter V8. Now it's wooing us with fuel economy, too.
- Mercedes-Benz hit with large 'lemon law' judgment
Forbes, March 5
A judge has ordered Mercedes-Benz USA LLC to pay $482,000 in damages and legal fees to a Wisconsin customer who was sold a defective car and not given a refund on time.
- Getting schooled at the Mitsubishi Lancer Evolution Experience
Auto Week, March 4
You don't need snow or ice to enjoy the thrills of sliding an all-wheel-drive car sideways, as evidenced by a day at the Mitsubishi Lancer Evolution Experience at Infineon Raceway.
- USA Today, Open Road
For breaking news and information, follow Tim Jackson on Twitter and Facebook! 
…more news articles are included at the end of this issue.
THE DEALER'S OBLIGATION IN COLORADO TO SELL PROPERLY EQUIPPED VEHICLES
By Christian Sederberg, Associate at McGloin, Davenport, Severson & Snow, P.C.
Dealers often ask what is required of them under Colorado law in terms of inspections of a motor vehicle at the time of sale to a consumer. Generally, dealers must deliver vehicles that are safe and have all of the equipment required by Colorado statute in “proper condition and adjustment.” Putting aside issues relating to defective equipment, under Colorado law, sale of a vehicle to a retail customer which is not properly equipped or in proper condition or adjustment can result in denial, suspension or revocation of a dealer’s license. The actual safeguards that a dealer must undertake to insure that every vehicle has the required equipment in “proper condition and adjustment” are less clear, but many, if not most, dealers perform a safety inspection of the vehicle prior to sale.
CLICK HERE to for the entire article.
McGloin, Davenport, Severson & Snow, P.C. provides full service legal representation to motor vehicle dealers throughout Colorado. More information on the firm can be found at www.mdsslaw.com.
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If you have questions on any legal or regulatory topic, please contact:
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
 
HB 1049 LEGISLATIVE UPDATE
HB 1049 passed out of the senate moments ago on third reading and final passage. Th bill passed unanimously after several Senators on both sides of the aisle went to the microphone and spoke in favor of the bill. Additionally Senate President Brandon Schaffer and Senate Majority Leader John Morse were both added as co-sponsors to the bill along with 20 other senators.
The bill now heads to the House for concurrence which should take place Wednesday or Thursday of this week. Once the house concurs on the bill, it heads to Governor Ritter for his signature.
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Questions or Comments? Please contact:
FAIR LABOR STANDARDS ACT SEMINAR
~ NOT TOO LATE TO REGISTER!! ~
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
CLICK HERE for registration and more information!
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| Event Description |
Date/Time |
Location |
Fair Labor Standards Act Seminar
Denver
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Wed., Mar. 10th, 2010
8:00am to 10:00am
(breakfast included) |
William D. Barrow Building
CADA Headquarters
290 E. Speer Blvd (SW Corner of Grant/Speer), Denver, CO
Phone: 303.831.1722
CLICK HERE for registration and more information!
Register Online! |
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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 |
Join us in Celebrating at the Colorado Broadcasters Awards of Excellence Banquet
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Saturday, March 13
5:30 PM - 9:30 PM
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CLICK HERE for registration and more information!
Honors the Best in Colorado Radio & Television |
"Forty under 40" - Join us in Honoring Melissa Kuipers, Vice President of CADA
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Thursday, March 18
11:30 AM - 1:30 PM
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CADA will have a table at the awards presentation event, If you are interested in attending. EMAIL LAUREN for more details! |
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Wednesday, April 7, 2010
thru
Sunday, April 11, 2010 |
Colorado Convention Center
700 14th Street Denver 80202
CLICK HERE for more information. |
Unclaimed Property Corporate Compliance and Regulatory Responsibilities
ONESOURCE® PROPERTY TAX
Panel Discussion
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April 8 & 9, 2010 |
Colorado Division of Gaming Conference Room
1881 Pierce St.
Lakewood, CO 80214
CLICK HERE for registration and information! |
National Association of Dealer Counsel's (NADC) 6th Annual Member Meeting and Conference
Dallas, Texas
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April 11 to 13, 2010
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CLICK HERE for more information!
Membership in NADC is strongly encouraged for all CADA member dealers’ attorneys. The information shared between attorneys defending dealers around the country is incredibly valuable! |
CADA 2010 Annual Golf Tournament
SAVE THE DATE!
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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 |
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. |
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TO REGISTER ONLINE FOR ANY CADA