MARCH 12, 2008


IN THIS ISSUE

  DEALER NEWS & INFORMATION

     - Automotive News at a Glance

     - April is Automotive Career Month


  LEGISLATIVE UPDATE

     - Under the Gold Dome

     - Consumer Groups Want Change,
       
Attacking Auto Dealers to Get It

     - California Cars to Get Global
       
Warming Stickers


  REGULATORY & LEGAL UPDATES

     - New FMLA Provisions for
       
Military Families

     - Denver International Auto Show -
       
Off-Site Permits Required

     - REMINDER: Sunday Sales Prohibited
       
at the Denver International Auto Show


  CALENDAR OF EVENTS
     - Upcoming Events


  DEALER MILESTONES,
     HIGHLIGHTS & TRANSITIONS

     - Memorial Fund Established for
       
Chad Julius' Father

     - Let Us Know About YOUR
       
Accomplishments!


     ARCHIVES

      
CLICK HERE for Open Road
       e-newsletter archives.

       CLICK HERE for 2007 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
.



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.cadaonline.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

President
Tim Jackson
tim.jackson@cadaonline.org
303.282.1448

Vice President
Tammi McCoy
tammi.mccoy@cadaonline.org
303.282.1449  

Vice President -
Public Policy & Communications
Nancy J. Burke
nancy.burke@cadaonline.org
303.457.5115  

Bond Coordinator
Linda Toteve
linda.toteve@cadaonline.org
303.457.5122

F&I Resource Center -
Manager
Chad Julius
chad.julius@cadaonline.org
303.457.5119 

Insurance Services -
Account Manager
Deb Lay
dlay@cadaonline.org
303.282.1453

Insurance Services -
Account Manager
Bob Kogel
bobkogel@cadaonline.org
303.282.1457 

F&I Resource Center/
Forms, Executive Assistant
Lauren Stadler
lauren.stadler@cadaonline.org
303.457.5123

Services Coordinator
George Billings
george.billings@cadaonline.org 303.457.5117


If you have questions
or suggestions
regarding this
e-newsletter, please
contact Nancy Burke at nancy.burke@cadaonline.org

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     ENDORSED VENDOR/PROGRAMS

        CLICK HERE for a list of current    
        Endorsed Vendors/Programs
.
        Click on any of the logos below to
        to go directly to a vendor's webpage.


REYNOLDS AND REYNOLDS


Merchant Services

 

 

 

 


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 articles pertaining to the auto industry that appeared recently in newspapers and other media outlets across the nation.

  • Governor drops car-fee hot potato
    The Denver Post,  March 2
    Gov. Bill Ritter all but abandoned Tuesday a publicly unpopular proposal to increase car-registration fees an average of $100, calling the conversation "dormant."

  • GOP: Democratic lawmakers are punting on major issues this year
    KJCT8.com (ABC-Grand Junction),  March 4
    The 2008 session of the Legislature is nearly half over, and Republicans are accusing majority Democrats of punting on the big issues.

  • Tide turns for environmental groups at Colorado Capitol
    The Denver Post,  March 10

    These are happy times for the environmental movement under the dome.

    As the legislative session begins its second half this week, every one of the the dozen bills the groups have identified this year as priorities is still on the road to passing.

    The bills touch areas of state policy from water use to power generation to wildlife protection. Two are awaiting the signature of the governor, who, by the way, doesn't seem to go a day without mentioning the "new energy economy." That phrase was at least partially created by the environmental community.

    Both chambers of the legislature also have "pro-conservation majorities," as the environmentalists put it.

  • Consumers are in driver's seat
    Columnist Warren Brown, The Washington Post,  March 2
    The loss of U.S. market share and jobs by General Motors, Ford and what is now called Chrysler hides another significant fact: GM and Ford, for example, are increasing their shares of market in Western and Eastern Europe, Asia, Africa, South America and the Middle East. Chrysler is trying to position itself to ultimately go after many of the same markets. The companies that succeed in those international endeavors will be the companies that will be around in the future, regardless of their national origins.

  • JD Powers: Few willing to pay more for environmentally-friendly cars
    yahoo! Finance,  March 6
    Although many new-vehicle buyers may want to purchase an environmentally friendly vehicle, only 11 percent are "very willing" to pay more to do so, according to the J.D. Power and Associates 2008 Power Auto Offline Media Report (SM) - Spring Edition.

  • Auto briefs
    The Detroit News,  March 6
    - President Bush pushes fully electric vehicles
    - Toyota may invest in 'made in Japan' planes
    - Volkswagen AG denies takeover of truckmaker
    - Fiat SpA to sell Alfa Romeo in U.S. again
    - CEO: Infiniti Europe sales target modest

  • Rebound for Big Three – Not likely in 2008
    The Detroit News,  March 6
    Few rebound predictions have been so sure and solid as the one promised by the domestic auto industry.

    "The second half of 2008 will be better," auto executives have been insisting for months. "We've seen the worst of it."

    Only a rebound isn't -- and hasn't been -- happening. Even Miss Cleo could see this one coming.

  • Tesla:  The little electric car that could
    USA Today,  March 6
    A little roadster that goes into regular production in two weeks is already electrifying the auto industry.

    It's not about promises that the Tesla will deliver pin-you-back-in-your-seat acceleration — 0 to 60 miles per hour in a Ferrari-like 3.9 seconds — or its sexy appearance.

* * * * * * * * *

APRIL IS AUTOMOTIVE CAREER MONTH

Plan now to host  an event during Automotive Career Month, set for April. NADA's Event Planning Kit makes it easy for you to help young people get their careers in gear. The kit includes:

  • Sample invitation letters
  • Publicity materials, including a press release, online and print ads and scripts for radio ads
  • Winning ideas from dealers, students and educators
  • An event agenda
  • Event posters with room for your dealership information

Order a kit today at www.nada.org/careers or by calling 800.248.6232, Ext. 7147. CLICK HERE to download an Automotive Career Month Event Planning Kit.

CADA forwards news articles and opinion columns of interest
through the Open Road to inform members of current events. 
These in no way reflect the views, opinions, and/or positions
of CADA or its member dealers. They are sent for
informational and educational purposes only.

 


UNDER THE GOLD DOME

Your CADA lobbyist, Nancy Burke, provides weekly updates on legislative issues relevant to the automotive industry. CLICK HERE to read about the current activities taking place on the state and federal levels.

* * * * * * * * *

CONSUMER GROUPS WANT CHANGE, ATTACKING AUTO DEALERS TO GET IT

Legislation was recently introduced in the House that would prohibit dealers from requiring customers to accept binding arbitration to settle disagreements over sale or lease deals. When Congresswoman Linda Sanchez (D-Calif.), chairwoman of the House Judiciary Committee subcommittee on Commercial and Administrative Law, introduced her bill she said the legislation would "connect the chain from manufacturers to dealers and from dealers to consumers." 

At the hearing held on Thursday in Sanchez's subcommittee, consumer advocates voiced their complaints against what they feel is a biased arbitration system that does not deliver justice. The consumer groups' spokespeople alleged that automobile dealers prey on customers who are not well-educated, have fewer monetary resources, and even military servicemen and -women by creating "very sophisticated fraud" plans.  Consumer groups are advocating for every consumer's right either to sue and take a dealer to court or to voluntarily and knowingly opt-in to binding arbitration in a dispute.  Also testifying at the hearing was a representative from the American Arbitration Association who urged the committee not to amend the Federal Arbitration Act because it is the basis for the vast majority of business-to-business arbitration cases.

* * * * * * * * *

CALIFORNIA CARS TO GET GLOBAL WARMING STICKERS

Go shopping in 2009 in California for a new car and you’ll notice some new information on the smog index window sticker. Next to the smog score will be a global warming score. The California Air Resources Board (CARB) is putting the finishing touches on the program.

According to CARB, approximately 13 states have thus far adopted the California’s Low Emission Vehicle (LEV) regulations, which requires the smog labels. At least eleven of those states, including New York, Connecticut, Oregon, and Washington are likely to adopt the new global warming labels.

Vehicles are assigned a score of 1 to 10 based upon their emissions, with 1 for the worst, and 10 for the lowest greenhouse gas emissions.

________________________________________________________

If you have questions on any legislative topic, please contact:



NEW FAMILY MEDICAL LEAVE ACT (FMLA) PROVISIONS
FOR MILITARY FAMILIES

On Jan. 28, 2008, President Bush signed into law a defense appropriations bill (NDAA, National Defense Authorization Act) that amends the Family and Medical Leave Act of 1993 (FMLA):

  1. The new provisions of the FMLA require up 26 weeks of protected leave for employees providing care to service members wounded in the line of duty while on active duty. The leave is to care for veterans undergoing medical treatment, recuperation, or therapy, are in outpatient status, or are on the temporary disability retired list for a serious injury or illness. Leave is available to employees who are the spouse, son, daughter, or parent of the wounded service member. The new provision also adds the "next of kin" to the list of persons who may take this leave.

  2. The new amendments also provides up to 12 weeks of FMLA leave to immediate family members (spouse, child or parent) of any member of the Armed Services, including reservist or member of the National Guard, who is called to active duty in the military. The statutory language grants leave for any "qualifying exigency" caused by the active duty call up. The Department of Labor will later provide a definition to clarify this term. An employer is entitled to request that the service member provide certification that he or she has been called to active duty.

Under both types of FMLA leave for military families, intermittent leave is available.

Effective Dates: The new FMLA requirements were effective upon the President's signature, but the 12 week leave for family members will await the DOL interpretation of "qualifying exigency" before members will be able to effectively respond to employee requests. However, while DOL is working quickly to prepare more comprehensive guidance on this new legislation, the WHD (Wage and Hour Division) will require employers to act in good faith in providing leave under the new legislation. Because the NDAA amends the FMLA, FMLA-type procedures should be used as may be appropriate (for example, procedures regarding substitution of paid leave and notice).

Additional Resources:

  • CLICK HERE for FMLA and the National Defense Authorization Act for FY 2008
  • CLICK HERE for an FMLA Poster Insert (PDF) (provided by the Department of Labor)
  • CLICK HERE for sample policy language for handbooks (provided by Mountain States Employers Council):
  • CLICK HERE for more information and resources about the FMLA in general

Overhaul of FMLA Rules Pending:  Additionally, the Department of Labor has announced that it is proceeding towards finalization of its proposed new regulations for the entire FMLA statute, and it has forwarded the proposed regulations to the White House for review. The Department of Labor hopes to issue the final regulations by January 2009. The overhaul is part of an effort to incorporate the department’s fifteen years of experience administering the law, two previous Department of Labor studies of the FMLA (1996, 2001), several U.S. Supreme Court and lower court rulings, and over 15,000 public comments received in response to a Request for Information (RFI) published in the Federal Register on December 1, 2006.

* * * * * * * * *

DENVER INTERNATIONAL AUTO SHOW - OFF-SITE PERMITS REQUIRED

The upcoming Denver Auto Show provides dealers the opportunity to market to new customers and show off the latest and even futuristic, concept cars.

If your sales staff plan to work the show, please be aware of the off-premise permit needed to comply with the state’s guidelines for off-site sales activity. Additionally, off-premise permit applications must be made to the Auto Industry Division before the start of the overall show (Wednesday, March 26). 

CLICK HERE for the off-premise permit application. CLICK HERE for a CADA Memo with more details on off-site permits.

* * * * * * * * *

REMINDER: SUNDAY SALES ARE PROHIBITED AT
THE DENVER INTERNATIONAL AUTO SHOW

This is to remind all member dealers who intend to participate in the Denver International Auto Show this year that your sales representatives cannot sell or offer to sell vehicles on Sunday. CADA has always advised sales representatives to refrain from discussing any specifics regarding price, terms, financing, or aspects of an actual sale or offer to sell. On Sunday, discussions with consumers need to be focused on educating consumers on vehicle features. The off-site permit for the auto show does NOT permit Sunday sales; off-site events are still subject to the Sunday closing law.

CLICK HERE  to review a memo with more details regarding the Sunday closing law and the auto show.

________________________________________________________

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.

Event Description
Date/Time
Location

NADA/Energy Star Online Seminar:  "Energy Saving 101"

THIS WEEK!

Thursday,
March 13
11:30 a.m. EST

Learn how to begin saving on your energy costs and what participation in the NADA Energy Stewardship Initiative can mean for your dealership's bottom line. Register today for a free 60-minute online training seminar conducted by Energy Star.

Media Landscape 2008: Marketing to your consumers in a rapidly changing environment, presented by the Television Bureau of Advertising

NEXT WEEK!

Tuesday,
March 18
8:30 – 10:30 a.m.

Newman Center for Performing Arts
University of Denver
To confirm your attendance, please e-mail rsvp@9news.com or call 303-871-1721 by March 10

Green Car Parade
“A New Car is a
Clean Car”

Sunday, March 23
2 – 3:30 p.m.

Colorado State Capital
Circle Drive
CLICK HERE for more information.

Green Car Summit

Monday, March 24
1 – 4 p.m.

Colorado Convention Center, Denver
CLICK HERE for more information.

Denver International Auto Show March 26-30 Colorado Convention Center, Denver

Ribbon Cutting Ceremony to open Denver International Auto Show

Wednesday,
March 26
4:50 p.m.

Colorado Convention Center, Denver
Denver International Auto Show

Green Tie Charity Preview Event in support of the Clear
the Air Foundation

Wednesday,
March 26
4 – 6 p.m.

Colorado Convention Center, Denver
CLICK HERE for more information. CLICK HERE to register online for this event.

2008 AutoVenture Luncheon presented by the South Metro Chamber

Thursday,
March 27
11 a.m. to 1:30 p.m.

Denver International Auto Show
Colorado Convention Center, Denver
CLICK HERE for more information or go to www.autoventureinfo.com

Auto 'Industry Night' Thursday,
March 27
5 to 9 p.m.

CLICK HERE for the memo regarding details about the evening. CLICK HERE for a poster to display in your dealership. CLICK HERE for a sample letter to get into the event.

4th Annual NADC Member Conference (National Association of Dealer Counsel)

April 6 to 8

Ritz Carlton in St. Louis
100 Carondelet Plaza
St. Louis, MO 63105
phone: (314) 863-6300
CLICK HERE to register.

Estate Planning Seminar sponsored by Federated Insurance Thursday, April 17
breakfast included
More details coming soon!
ATAE (Automotive Trade Association Executives) Service Directors Meetings July 20-23 St. Julien Hotel, Boulder, CO
CLICK HERE for a registration form. Contact Tammi McCoy for more information or if you are interested in sponsorship information.
Colorado Dealer Management & Leadership Summit

Wednesday,
Aug. 13
8 a.m. to 7:30 p.m.

Marriott Denver South at Park Meadows
CADA Annual Member Golf Event Monday, Sept. 8 Columbine Country Club
17 Fairway Lane
Columbine Valley, 80123



MEMORIAL FUND ESTABLISHED FOR CHAD JULIUS' FATHER

The Colorado Automobile Dealers Association Executive Committee recently voted
to establish a memorial fund to benefit the family of Michael Julius, father of CADA employee Chad Julius. Michael lost his battle with cancer in January.

The Michael Julius Memorial Fund was set up to help the family defray expenses related to his cancer treatments and funeral expenses. To contribute to the fund, please contact Lauren Stadler at 303-457-5123 or lauren.stadler@cadaonline.org, Funds can also be mailed to: CADA Michael Julius Memorial Fund, Attn: Lauren Stadler, 290 E. Speer Blvd., Denver, CO  80203. Or payments can be sent directly to Vectra Bank: CADA Michael Julius Memorial Fund, C/O Vectra Bank, 2000 South Colorado Blvd., Suite 2-1200, Denver, CO  80222, Attn: Account # 5110016663.

* * * * * * * * *

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@cadaonline.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.cadaonline.org