July 16, 2013



Online Automotive Platform Sponsor

TITLE SPONSOR OF THE
2013 CHARITY PREVIEW PARTY

IN THIS ISSUE

a DEALER NEWS & INFORMATION

Auto Industry News at a Glance

 

REGULATORY & LEGAL UPDATES

Reminder: 10-Day Notice Requirement If Financing Cannot Be Obtained

 

LEGISLATIVE UPDATE

CADA Bill Tracker

 

UPCOMING SEMINARS

Understanding the Impacts of the Affordable Care Act/ Health Care Reform

How to win Unemployment Insurance (UI) Claims

KPA Weekly Webinar

Upcoming Seminars


CALENDAR OF EVENTS

CADA Annual Member Golf Event

Upcoming Events


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

Colorado Automobile Dealers Association Announces Staff Promotions

Joe McCloskey is Presented With the ONLY 2013 National Independent Dealer of the Year Award!

Let Us Know About 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.


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 Marsha Temple at
marsha.temple@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 PROVIDER/PROGRAMS

CLICK HERE for information about the
Endorsed Programs
.

Contact Polly Penna at CADA to request more information on any of the programs below: polly.penna@coloradodealers.org

Choosing a CADA endorsed provider supports our work for the Colorado retail vehicle industry.
________

www.afadvantage.com

Supplemental Employee Benefits
________

www.americanexpress.com

a Corporate Card - Rewards Program
________



www.bradfordpublishing.com

Dealer Retail Installment Sales Contract (“Rocky Mountain Bank Note”)
________

www.federatedinsurance.com

a General Liability
________

www.incom-direct.com

Merchant Transaction Processing
________

http://www.kpaonline.com/

HR Management & Online Compliance

Environmental / Health & Safety Compliance
________

www.lbtelecom.net

Telecommunications
________

https://www.nadart.org/

Retirement plan management
________

www.business.officedepot.com  

Office Supplies
________

www.siegeloil.com

Oil, Lubricants, Service Chemicals & Reconditioning Products
________

www.unifirst.com

Uniforms / Standard Workwear
________


www.pinnacol.com

Workers Compensation


 

 


If this e-newsletter does not display correctly,
CLICK HERE
to access the web-based version.


CADA Open Road is now beginning its sixth year of service, providing uninterrupted weekly news and information for Colorado automotive professionals to better compete in our industry, since January 3, 2007.


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.




REMINDER: 10-DAY NOTICE REQUIREMENT IF FINANCING CANNOT BE OBTAINED

A reminder to all dealerships that an affirmative duty exists to notify consumers within 10 calendar days if financing cannot be obtained. Colorado Revised Statutes (C.R.S.) provide that this notice be required within a “reasonable time period” and regulations promulgated by the Motor Vehicle Dealer Board (M.V.D.B.) define that reasonable timeframe to be 10 days. It is also important to note this requirement is calendar days; not business days.  Additionally, ensure there is documentation of this notice, which should be made in writing for better proof later if needed. 


C.R.S. 12-6-118(3)(v) Failure to give notice to a prospective buyer of the acceptance or rejection of a motor vehicle purchase order agreement within a reasonable time period, as determined by the Board, when the licensee is working with the prospective buyer on a finance sale or a consignment sale (effective March 9, 2004).

REGULATION 12-6-118(3)(v).
A dealer shall give notice of rejection of financing to the prospective buyer within ten (10) calendar days from the date of the purchase order or agreement on a finance or consignment sale (effective Dec.1, 2004).

As most dealerships may be aware, the following disclosure (which is required by statute) allows the dealership to disclose upfront and collect charges for the consumer’s use of the car if financing is still pending at the time of sale and does fall through:


REGULATION 12-6-104 (3)(k). Disclosures Required As Part Of A Motor Vehicle Contract: SECTION E:

E. You and the dealer have agreed that the vehicle will be delivered to you prior to the purchase price being paid in full. If financing cannot be arranged at the terms stated in the contract, and the contract is canceled, you agree to pay the dealer $___ dollars per day and ___ cents per mile for your use of the vehicle from the date of delivery until the vehicle is returned to the dealer. If the contract is canceled, it may require you to immediately return the vehicle to the dealer and to pay the cost of repair for any damage occurring to the vehicle while it is in your possession along with the agreed upon daily and mileage charges. The contract may also give the dealer the right to take the vehicle from you 24 hours after cancellation and demand for the vehicle’s return. You may also be required by the contract to pay any costs the dealer may have to pay in regaining possession of the vehicle. If you owe any money from daily and mileage charges, damage repair costs or repossession costs to the dealer when the vehicle is returned, the dealer may keep your deposit(s) up to the amount owed. Otherwise, the deposit must be returned unless you ____ have agreed that it is nonrefundable.

* * * * * * * *

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

Tammi McCoy, VP, 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 BILL TRACKER

Follow the Colorado Auto Dealers Bill Tracker HERE!

CLICK HERE for a copy of SB13-265.



UNDERSTANDING THE IMPACTS OF THE AFFORDABLE CARE ACT / HEALTH CARE REFORM

Anita Baker
Is the managing partner of the employee benefit plans practice at CliftonLarsonAllen (CLA) where she specializes in providing assurance, tax and consulting services to plan sponsors and third party administrators.

Mrudul Sharma
 Is a manager in the dealership group for CliftonLarsonAllen.  He is responsible for planning and managing financial statement and tax engagements for dealership clients.

Presentation Summary

Beginning in 2014, many individuals will be required to have minimum essential health insurance coverage or pay a penalty (an individual mandate). Certain employers with more than 50 full‐time employees who do not offer qualified health insurance or offer unaffordable coverage may be subject to penalties if any of their full‐time workers enroll in exchanges and receive premium assistance tax credits.

Mrudul Sharma and Anita Baker will provide an overview of the Affordable Care Act (ACA), including the regulatory requirements for 2013 and beyond. They will also discuss a case study of a dealership that illustrates the financial impact that the ACA has on the dealership and the factors that influence.

By the end of the presentation, participants will be able to:

  • Identify new administrative requirements and a timeline each takes effect
  • Understand plan sponsorship issues employers face in 2014.
  • Formulate a plan for next steps and long-term options for benefit program.
  • Ensure employer-based health plans are compliant with federal law.

In multiple cities throughout Colorado. CLICK HERE for deatils and registration!

* * * * * * * *

HOW TO WIN UNEMPLOYMENT INSURANCE (UI) CLAIMS
Added: Colo. Court of Appeals Decision Allows Termination for Marijuaana Use

Michelle Mcgruder has extensive trial and hearing experience, particularly in the areas of employment law and personal injury. In addition to representing parties in employment litigation, Michelle also counsels clients in employment law matters. She has represented private companies, insurance carriers and other entities in the defense of employment discrimination claims, unemployment insurance claims, wage and hour claims, contract disputes and general liability claims. She works as a consultant for private companies in the areas of risk management and employment law, and performs management training.

Presentation Summary

HOW TO WIN UNEMPLOYMENT INSURANCE CLAIMS
This presentation will cover the “best employment practices” a dealership needs to follow in order to prevail on an unemployment claim filed by a former employee.  This presentation will discuss what to expect during an unemployment hearing and how to prepare for a hearing.  We will cover the basics of the Colorado statutes which govern unemployment benefits, including all the reasons a former employee can be disqualified from receiving unemployment benefits.  While attending this presentation, you will learn the basics of the Colorado unemployment benefit laws and the required processes of the law.  This presentation will provide useful tools for winning an unemployment claim which will protect the dealership from unjustified claims.

Colorado Court of Appeals Decision allows termination of employees for marijuana use
On April 25, 2013, the Colorado Court of Appeals issued an Order which held that an employee who tests positive for using marijuana (including medical marijuana) can be terminated by his or her employer pursuant to the employer’s written drug and alcohol policy.  We will provide information on what should be included in an employer’s written drug and alcohol policy and under what circumstances an employer can require a drug/alcohol test of an employee.  The importance of proper documentation concerning the termination of an employee who tests positive for drugs/alcohol will also be discussed

In multiple cities throughout Colorado. CLICK HERE for deatils and registration!

* * * * * * * *

KPA WEEKLY WEBINAR: 
Covers an Environment & Safety or an HR topic each week

Every Thursday
*
10:00-11:00am (MST)

*NOTE: During the week of the 4th of July, KPA will not be hosting any IM or ES/HR webinars on the 3rd or 4th

CLICK HERE for upcoming topics and to register!

Previously recorded webinars are also available at the above link.

aa

* * * * * * * *

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

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

Understanding the Impacts of the Affordable Care Act/ Health Care Reform

 


CLICK HERE for registration and information!

Loveland

Tuesday, Aug. 20
7:30am-9:30am
Breakfast included


Embassy Suites Loveland
4705 Clydesdale Parkway
Loveland, 80538

Denver

Tuesday, Aug. 20
11:30am-1:30pm
Lunch included


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

Colorado Springs



Tuesday, Aug. 20
5:30pm-7:30pm
Dinner included


Antlers Hilton
4 South Cascade Avenue
Colo. Springs, 80903

Please RSVP to Ann Winslow at CSADA 719.473.1465         

Glenwood Springs

Wednesday, Aug. 21 11:30am-1:30pm
Lunch included


Residence Inn (tentative)
125 Wulfsohn Rd.
Glenwood Springs, CO 81601

Montrose

Wednesday, Aug. 21 5:30pm-7:30pm
Dinner  included


Camp Robber
1515 Ogden Rd
Montrose, CO 81401

How to win Unemployment Insurance (UI) Claims

Added: Colo. Court of Appeals Decision Allows Termination for Marijuana Use

 


CLICK HERE for registration and information

Loveland

Wednesday, Aug. 14
7:30am-9:00am
Breakfast included


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

Denver

Wednesday, Aug. 14
11:30am-1:30pm
Lunch included


Camp Robber
1515 Ogden Rd
Montrose, CO 81401

Pueblo

Thursday, Aug. 15
7:30am – 9:00amBreakfast Included


Pueblo Convention Center
320 Central Main St.
Pueblo, CO 81003

Colorado Springs



Tuesday, Aug. 15
11:30am-1:00pm
Lunch Included


El Paso Club
30 East Platte Avenue,
Colorado Springs. CO 80903

Please RSVP to Ann Winslow at CSADA 719.473.1465

Durango

Wednesday, Aug. 28
11:30am-1:00pm
Lunch included


Doubletree by Hilton
501 Camino Del Rio
Durango, Colorado, 81301

Grand Junction

Tuesday, Aug. 29
7:30am-9:00am
Breakfast Included


Doubletree by Hilton
743 Horizon Dr
Grand Junction CO, 81506

KPA Weekly Webinar

Covers an Environment & Safety or an HR topic each week


Every Thursday  

10:00-11:00am (MST)


CLICK HERE for upcoming topics and to register!

Previously recorded webinars are also available at the above link.

If you have a particular area of interest or would like to suggest a training seminar topic, please contact Marsha Temple at 303.457.5123 or marsha.temple@coloradodealers.org



Event Description
Date/Time
Location

CADA Annual Member Golf Event



Monday, September 9, 2013

SAVE THE DATE!

Pinehurst Country Club
6255 West Quincy Ave., Denver, CO  80235

CLICK HERE for sponsorship opportunities

Dealer Members Register Online HERE!

Allied Members Register HERE!

CADA ANNUAL MEMBER GOLF EVENT

~

* * * * * * * *



COLORADO AUTOMOBILE DEALERS ASSOCIATION ANNOUNCES STAFF PROMOTIONS

DENVER, July 15, 2013 – The Colorado Automobile Dealers Association (CADA) today announced that George Billings has been promoted to Program Coordinator for the Association’s Clear the Air Foundation; and Kim Harrison has been hired as Member Services Coordinator, replacing Billings. The announcement was made by CADA President Tim Jackson. 

Billings has been with CADA since 2007 and worked in a temporary position for a year-and-a-half before accepting the full-time position of Member Services Coordinator.  In his new role with the Clear the Air Foundation, Billings will direct the foundation’s efforts to lessen the amount of pollution emitted by old or not properly maintained vehicles on Colorado’s roads.  

“The Clear the Air Foundation encourages auto dealers and individuals across the state to donate high polluting vehicles which are taken to auto recycling companies and processed for reusable or recyclable parts. The engine, shell and frame are then crushed, so they can never pollute again,” Billings said. 

A nonprofit 501 (c) (3), the Clear the Air Foundation also supports charities that are dedicated to helping Colorado’s citizens who suffer from environment-related health issues such as asthma and breathing disorders. 

Harrison began working at CADA in March of this year after serving 23 years in the U.S. Air Force. In her new role, she will support member services for the association’s 245 new car and truck dealers and 60 allied members in Colorado.”


# # #

ABOUT CADA
Headquartered in Denver, the Colorado Automobile Dealers Association (CADA) was founded in 1933 and incorporated in 1938.  Today, the association represents 245 new car and truck dealers throughout the state and advocates for issues important to the industry including the state’s goal of reducing vehicle emissions. CADA also provides intellectual leadership on industry issues before the United States Congress, the Colorado General Assembly, various federal and state regulatory agencies, city councils, the news media, and the public.

* * * * * * * *

JOE MCCLOSKEY IS PRESENTED WITH THE ONLY 2013 NATIONAL INDEPENDENT DEALER OF THE YEAR AWARD!

* * * * * * * *

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.

 




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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