MAY 24, 2011

IN THIS ISSUE

DEALER NEWS & INFORMATION

Auto Industry News at a Glance

 

REGULATORY & LEGAL UPDATES

Vendor Fee Allowance - Partially Restored as of July 1st, 2011

 

LEGISLATIVE UPDATE

HB Passed Overwhelmingly in Colorado Senate and House

 

UPCOMING SEMINARS

Upcoming Seminars

Colorado Dealer Counsel - Luncheon & Issues Briefing

Colorado Dealer Compliance Guide Roll-Out and Training


CALENDAR OF EVENTS
Upcoming Events

CADA Annual Golf Event


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

Montrose-Ford-Lincoln-Nissan Celebrates 25 Years

Share Your Accomplishmens

 

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


www.aiada.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.

open_sign


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.


a


 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.




VENDOR FEE ALLOWANCE - PARTIALLY RESTORED AS OF JULY 1ST, 2011

Legislation passed and signed into law as part of a broader budget package partially restored the "vendor fee" allowance (Senate Bill 223) to retailers. This deduction in taxes remitted helps compensate vendors for costs incurred in the collection of sales taxes. The partial restoration will allow retailers to keep 2.22 percent of the sales tax collected.   The EFFECTIVE DATE of this change is July 1st – for tax returns filed on or after that date.
The Department of Revenue has not yet provided any further implementation details; most likely they will do so soon.

* * * * * * * *

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


aa

HB 1188 PASSED OVERWHELMINGLY IN COLORADO SENATE AND HOUSE

House Bill 1188 was successfully passed on its Third Reading on the Senate floor, Monday, May 9th. The bill passed with a 33-1 vote with one legislator absent.  Two changes were made to the bill prior to its passage in the Senate Business Labor and Technology Committee.

The Colorado House of Representatives concurred with the Senate changes on Tuesday, May 10th and on an overwhelming vote of 61 to 4, HB 1188 was passed.

State Senator and bill sponsor, Linda Newell selected a dealership from within her district for the bill signing.

HB 1188 was officially signed on Friday, May 13th at 4:30pm at John Elway Chevrolet by Governor Hickenlooper (pictured below).

House Bill 1188 – Tightens basic dealer protections and prevents manufacturers from requiring expensive new facility upgrades when expensive facility upgrades have been completed at request of manufacturer in recent years.  More detail on HB-1188 is shown below.

More on HB-1188 – Franchise protections:

  • HB 1188 will provide stability for Colorado consumers, auto dealers and their employees by shielding them from unnecessary and costly facility mandates frequently required by auto manufacturers.
  • Auto dealers are consistently pressured by manufacturers to significantly upgrade the exterior and interior of their showrooms and service facilities – and all of these improvements are mandated at the expense of the local dealer.
  • HB 1188 will provide a "safe haven" for dealers from pressure, coercion and penalties by manufacturers if they have built a new facility, or made upgrades to an existing facility, within the past seven (7) years.
  • Other protections in HB 1188 include: 

(1) 90 day notice provision to a dealer by the manufacturer if franchise is going to be terminated;
(2) 90 day notice provision to a dealer by the manufacturer if the dealer's geographic region where they are expected to sell cars is going to change;
(3) Prohibition of a loophole in franchise agreements that allows manufacturers to control the dealer's real estate after there is no longer a franchise agreement in place.
(4) Requires the Executive Director of the Department of Revenue to issue a cease-and-desist order when a dealer complains that a manufacturer is illegally ending a franchise agreement.

· The segment of the bill (HB0-1188) that ensured all provisions of Colorado’s franchise laws apply to all manufacturer/dealer sales and service agreements, regardless of when initiated, was removed from the bill at the sponsor’s request following significant manufacturer pushback and ramped-up opposition lobbyist engagement.

* * * * * * * *


a
COLORADO DEALER COUNSEL - LUNCHEON & ISSUES BRIEFING

Legal, regulatory and legislative briefing on issues of importance to attorneys representing Colorado automobile dealers

Monday, June 6, 2011, 12:00pm – 2:00pm

William D. Barrow Building
CADA Headquarters
290 East Speer Blvd
Denver, Colorado 80203

Topics to be covered:
· Latest dealer franchise protection improvements (Effective 5/13/2011)
· Lien release bill (Effective4/20/2011)
· 2012 legislative agenda (Ideas/suggestions)
· State regulatory and compliance updates
· Delivery & Handling fees, lates tlitigation and discussions of recent dealer issues
· Colorado Dealer Compliance Guide (due for release June 21st)
· Open discussion; any areas of concern

Register ONLINE!

TO REGISTER, PLEASE RETURN THE REGISTRATION FORM AND PAYMENT OF $79 PER
PERSON, BY JUNE 2, 2011

*Includes lunch. Email: lauren.stadler@coloradodealers.org

a

 

* * * * * * * *

COLORADO DEALER COMPLIANCE GUIDE ROLL-OUT AND TRAINING!
NEW GUIDE SUMMARIZES, IN ONE PLACE, KEY AREAS OF STATE COMPLIANCE AND ASSEMBLES VALUABLE RESOURCE INFORMATION

Key dealership staff training for overlooked compliance areas and risk:

  • Receive the new Colorado Dealer Compliance Guide AND training to review key highlights—for a reduced, bundled price
  • Compliance is critical in every area of your dealership; minimize exposure to lawsuits

Mulitiple dates and locations see calendar below for more information.

Register Online!

CLICK HERE to fill out a registration form.

New compliance guide developed jointly by CADA and Colorado dealer attorney:
Michael dommermuth, mcgloin, davenport, serverson & snow, p.c.
AN ATTORNEY WHO SPECIALIZES IN REPRESENTATION OF MOTOR VEHICLE DEALERS.  MICHAEL IS A MEMBER OF NATIONAL ASSOCIATION OF DEALER COUNSEL, A NATIONAL ORGANIZATION OF ATTORNEYS WHO REPRESENT DEALERS.  MICHAEL EARNED A BACHELOR’S DEGREE FROM PURDUE UNIVERSITY IN 1980 AND JURIS DOCTORATE FROM THE UNIVERSITY OF INDIANA AT BLOOMINGTON IN 1983.  MICHAEL HAS 26 YEARS OF EXPERIENCE REPRESENTING DEALERS THROUGHOUT COLORADO AND THE ROCKY MOUNTAIN WEST.  MICHAEL’S FIRM PROVIDES FULL SERVICE REPRESENTATION OF MOTOR VEHICLE DEALERS INCLUDING, BUY/SELL AGREEMENTS,  LITIGATION, FINANCE, FRANCHISE, MANUFACTURER DISPUTES, BANKRUPTCY, DEALER SUCCESSION, CLASS ACTIONS AND FEDERAL AND STATE COMPLIANCE.  MICHAEL HAS SUCCESSFULLY DEFENDED DEALERS IN CLASS ACTIONS CHALLENGING D&H AND THE FOR DAMAGES UNDER THE TELEPHONE CONSUMER PROTECTION ACT.

* * * * * * * *

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

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

Colorado Dealer Counsel - Luncheon & Issues Briefing

Monday, June 6


William D. Barrow Building
CADA Headquarters
290 East Speer Blvd
Denver, Colorado 80203

Register ONLINE!

CLICK HERE to fill out a registration form!

Colorado Dealer Compliance Guide Roll-Out and Training



By Michael Dommermuth, McGloin, Davenport, Severson and Snow, P.C


Training will highlight key areas of state compliance. 

Register Online!
CLICK HERE to fill out a registration form.

Colorado Springs

Tuesday., June 21
7:30am to 10:00am
Breakfast included


Antlers Hilton Colorado Springs
4 South Cascade, Colorado Springs, 80903
Phone: 719.473.5600
**Colorado Springs dealers should register directly with CSADA, Ann Winslow, 719.473.1465 abwinslow@comcast.net
Register Online!
CLICK HERE to fill out a registration form.

Pueblo

Tuesday., June 21
12:00pm (Noon)-2:30pm
Lunch included


Marriott Hotel Pueblo
110 W. First Street Pueblo, 81003
Phone: 719.542.3200
Register Online!
CLICK HERE to fill out a registration form.

Loveland

Wednesday, June 22
7:30am to 10:00am
Breakfast included


Embassy Suites Loveland
4705 Clydesdale Parkway, Loveland, 80538
Phone:  970.593.6200
Register Online!
CLICK HERE to fill out a registration form.

Denver



Wednesday, June 22
12:00pm (Noon)-2:30pm
Lunch included


William D. Barrow Building
CADA Headquarters, 290 Media Center
290 East Speer Blvd.
Denver, CO 80203
Register Online!
CLICK HERE to fill out a registration form.

Glenwood Springs



Thursday, June 23
7:30am to 10:00am
Breakfast included


Hotel Colorado
526 Pine Street, Glenwood Springs, 81601
Phone: 970.945.8229
Register Online!
CLICK HERE to fill out a registration form.

Grand Junction

Thursday, June 23
12:15pm-2:45pm
Lunch Included


Doubletree Hotel
743 Horizon Drive
Grand Junction, CO 81506
970.241.8888
Register Online!
CLICK HERE to fill out a registration form.

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

CADA
Annual Golf Event



Monday, September 12, 2011

Usually a 12:00pm Shotgun Start


Green Gables Country Club
6800 West Jewell Avenue
Denver, 80232

Registration coming soon!




MONTROSE-FORD-LINCOLN-NISSAN CELEBRATES 25 YEARS

Announcing the 25th anniversary of Montrose Ford-Lincoln-Nissan located at 100 Merchant Drive in Montrose, Colorado.  Tom Abbott and his family moved to Montrose and purchased the dealership on May 1, 1986, and with the support of employees and the community has become the most successful car dealership in Montrose County.  The staff at Montrose Ford-Lincoln-Nissan has a combined 500 years of automotive experience.  Pictured from left, Nate Steele, Parts & Service Operations Manager of the Ford Motor Company Denver Region and Tom Abbott, Dealer of Montrose Ford-Lincoln-Nissan.

* * * * * * * *

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


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

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

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