APRIL12, 2011

IN THIS ISSUE

DEALER NEWS & INFORMATION

Auto Industry News at a Glance

 

REGULATORY & LEGAL UPDATES

New Registration and Recordkeeping Requirements Apply To Dealers As 'Generators' of Used/Waste Tires

State of Colorado Wants To Hear About 'Red Tape" That Hurts Business

 

LEGISLATIVE UPDATE

Summary of the Budget Deal Between the Senate Democrats and Re[ublicans

CADA Priority Legislation Awaits Governor Signature

 

UPCOMING SEMINARS

Upcoming Seminars


CALENDAR OF EVENTS
Upcoming Events

ATD Convention and Exposition


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

Share Your Accomplishmens

 

THE AFTERFACT

All the News That's Fit to Email!


ARCHIVES

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& Legal Articles
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archives.

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www.nada.org


www.aiada.org

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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.




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 AUTO INDUSTRY NEWS AT A GLANCE

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



…more news articles are included at the end of this issue.




NEW REGISTRATION AND RECORDKEEPING REQUIREMENTS APPLY TO DEALERS AS 'GENERATORS' OF USED/WASTE TIRES
**Requirements effective immediately**

New rules required under legislation passed in Colorado last year (HB10-1018) are now in effect as of April 1st, and have implications for motor vehicle dealers.  Prior laws had resulted in several departments having authority over waste tires and the fees collected upon the sale of all new tires to fund waste tire oversight. Authority over waste tires is now consolidated in the Colorado Department of Public Health and Environment (CDPHE), and the rules they have passed impose requirements for registration, decals, and manifests for waste tire haulers and waste tire facilities (including dealers as “retailers”).

The changes affect automotive retailers and all businesses that come in contact with the tire lifecycle.  The legislation redefined a ‘waste tire’ as:

  • a tire that is no longer mounted on a motor vehicle and is no longer suitable for use as a tire due to wear, damage, or deviation from manufacturer’s original specifications. Includes tires on premise that are not organized for resale by size in a rack, or stacked in a manner that allows inspection of each individual tire. The definition includes repairable tires, scrap tires, altered waste tires and used tires. It does not include a tire-derived product or crumb rubber, new tires, warranty adjusted tires, or inventoried used tires.

Specifically for dealers, there are now the following key requirements:

  1. REGISTRATION: Facilities that generate, collect, store, process and/or use waste tires must register. 
    • The Certificate of Registration (Form WT-1) can be completed and submitted online or printed out and completed by hand for mailing to CDPHE.  There is no payment or fee.      
    • Registration is per facility, so dealers need to complete the registration form for each physical store location.     
  2. DECAL/CERTIFICATE: After registration, display and recordkeeping requirements apply:
    • A copy of the Generator’s Waste Tire Certificate of Registration must be maintained at the facility and be available for inspection by the Department.
    • The Waste Tire Facility decal must be displayed in a prominent location.
  3. USE A REGISTERED HAULER: All tires must be transported by a state registered and bonded hauler (dealers will need to check for required decals on hauling vehicles).
    • A list is also maintained on CDHPE’s web site. CLICK HERE.
  4. MANIFEST FORMS COMPLETED UPON TRANSFER: Haulers are required to provide a copy of a Uniform Waste Tire Manifest (Form WT-2) for each load of tires, including signatures from both the hauler and waste tire generator/dealer.
    • The hauler and generator/dealer are required to maintain records of manifests for three years.

CLICK HERE for a summary of all requirements, provided by CDPHE for Retailers, Wholesalers & Fleet Services. 

More information / resources:
Visit the CDHPE Waste tire page:  http://www.cdphe.state.co.us/hm/wastetires

CADA’s Endorsed provider, KPA can assist dealerships with these and other EH&S compliance needs.  Visit http://www.kpaonline.com/ehs/products-and-services.html for an overview of KPA services options, or contact Cameron Curtis at (303) 228-2389 or ccurtis@kpaonline.com.  KPA is available to assist with any specific regulatory issues you may encounter—including local, state, and federal issues.

* * * * * * * *

STATE OF COLORADO WANTS TO HEAR ABOUT 'RED TAPE' THAT HURTS BUSINESS
  
In light of the above, along with all of the other regulatory and compliance burdens that apply to dealers, it may be worthwhile to take a moment to chime in on the following:

The Colorado Office of Economic Development and International Trade is seeking examples (via online submission form) from businesses about how state government red tape hampers operations.

* * * * * * * *

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


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SUMMARY OF THE BUDGET DEAL BETWEEN THE SENATE DEMOCRATS AND REPUBLICANS

1. Agreement on balanced budget for State of Colorado.

2.  Reduction in proposed cuts to K-12 from $332 million to $250 million
this includes transfers of approximately $36 million from the public
land fund to cushion against higher reductions. This also maintains
state funding for preschool and full-day kindergarten programs.

3. No new taxes or use of fee-based cash funds.

4.  Emergency cash reserve of 4% of General Fund appropriations.

5.  At least an additional $100 million balance in state education fund.

6.  A reduction of (unknown amount) across many programs, as recommended
by the JBC.

7.  Transfers of "about" $71 million in severance tax funds to balance
the GF and eliminate a recently-enacted ag tax.

8.  $20 million for the state for each of the next 2 years for the
allotment to vendors for collecting sales taxes, restoring to the full
allotment thereafter.

9.  Suspension of the sales tax exemption for tobacco products, equating
to $31 million in GF revenue for the next 2 fiscal years.

10.  A legislative declaration of fiscal emergency for another year,
permitting the transfer of $33 million in tobacco taxes to be used for
budget balancing.

* * * * * * * *

CADA PRIORITY LEGISLATION AWAITS GOVERNOR SIGNATURE

HB 1185 by Rep. Ramirez and Sen. Mitchell, which requires banks and lenders to provide a lien release and motor vehicle title within 15 days of the final payment on an auto loan, is headed to Colorado Governor John Hickenlooper for his signature.  The House has concurred with the Senate amendments and re-passed the bill by a vote of 63 to 0 to 2 (Rep. McKinley and Rep. Kagan had excused absences).

This is a huge success for Colorado dealers and consumers and we appreciate all dealer participation in getting this legislation passed.  We will let you know when the bill has been signed by Governor Hickenlooper and, once signed, it will be immediately enforceable.


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* * * * * * * *

aTO REGISTER ONLINE FOR ANY CADA
SEMINAR OR EVENT, PLEASE VISIT:

www.coloradodealers.org/registration
Event Description
Date/Time
Location

Stay Tuned For Upcoming Seminars!

 


 

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

ATD Covention and Exposition



Aptil 15-18, 2011


Phoenix, Arizona

www.atdconventionandexpo.org


ATD CONVENTION, APRIL 15-18, 2011 IN PHOENIX, ARIZONA



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.


THE AFTERFACT


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Colorado Automobile Dealers Association
290 East Speer Boulevard Denver, CO 80203
Telephone: 303.831.1722 | Facsimile: 303.831.4205
www.coloradodealers.org