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– Vendor Fee Eliminated as of July 1, 2009 – COBRA Employer Requirements For New Federally Mandated COBRA Subsidy
– CADA Lobbies For Federal Legislators to Assist Auto Dealers
– TOMORROW! Employment Law WEBINAR – Controllers: Taxation Issues and DMS Cost-Reduction – CADA Virtual Seminar: Employer Requirements for New COBRA Subsidy; Archive Now Available
– Dealer Management and Leadership Summit – CADA Annual Member Golf Event
–James Roland Faricy Passes Away –Tim Jackson Out of the Office This Week to Ride the Rockies!
–All the News That's Fit to Email! CLICK HERE for an Index of Regulatory CLICK HERE for Bulletin archives.
CLICK HERE for a list of current CLICK HERE for a list of current CLICK HERE for an order form for CLICK HERE for information on all member services. CLICK HERE for NADA CLICK HERE for the Title and CLICK HERE for the Colorado
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EMPLOYMENT LAW WEBINAR TOMORROW! Reducing Lawsuit Risks of Terminations and Staff Reductions CLICK HERE for more information! CLICK HERE to register online! TOMORROW! Thursday, June 18th Speaker: Todd Fredrickson Don't miss this upcoming online seminar! The EEOC’s 2008 report shows a 15.2% increase over 2007 in charges against private employers, and the highest numbers to date. In times of high unemployment, charges of discrimination tend to rise.
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Listed here are several articles pertaining to the
…more news articles are included at the end of this issue.
VENDOR FEE ELIMINATED AS OF JULY 1, 2009 This legislation was fought hard by CADA and many other business groups many times at the capitol this year, but ultimately passed. The effective date is July 1st, and it applies to any return made on or after that date. The allowable vendor fee (also referred to as “service fee”) remains at the previously reduced 1.35% rate from March 1st - July 1st. There is a hold-harmless that applies for any returns filed between July 1 and August 1, 2009. So if the vendor fee is withheld, the adjustment can be made following month. Other clarifications:
Visit the March 18, 2009 Open Road, Regulatory & Legal Updates, Reduction in State Sales / Use Vendor Fee Applies Immediately for more information on the prior change and for a link to the DRP 1002, Colorado Sales/Use Tax Rates chart. * * * * * * * * COBRA EMPLOYER REQUIREMENTS FOR NEW FEDERALLY MANDATED COBRA SUBSIDY The American Recovery and Reinvestment Act of 2009 (ARRA) [“Stimulus bill”] provides for premium reductions and additional election opportunities for health benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985, commonly called COBRA. Eligible employees include those who became eligible for COBRA during the period beginning September 1, 2008 and ending December 31, 2009 due to an involuntary termination of employment.
Eligible individuals pay only 35 percent of their COBRA premiums and the remaining 65 percent is reimbursed to the coverage provider through a tax credit. The premium reduction applies to periods of health coverage beginning on or after February 17, 2009 and lasts for up to nine months The Department of Labor’s main COBRA page can be found at: TRAINING FOR THIS TOPIC IS AVAILABLE FROM
* * * * * * * * If you have questions on any legal or regulatory topic, please contact:
DISCLAIMER: CADA is not authorized to dispense legal advice.
CADA LOBBIES FOR FEDERAL LEGISLATORS TO ASSIST AUTO DEALERS Last week, CADA dealers and staff spent a second consecutive week in Washington DC lobbying Federal legislators to assist automobile dealers in the wake of the GM and Chrysler bankruptcies. We met with several members of the Colorado Congressional delegation and their staff to provide them with an updated briefing on dealer terminations. Our meetings included staff for Sen. Mark Udall (D-CO), Sen. Michael Bennet (D-CO), Rep. Doug Lamborn (R-CO), Rep. Ed Perlmutter (D-CO), Rep. Jared Polis (D-CO), Rep. Betsey Markey (D-CO), and Rep. Diana DeGette (D-CO). As luck would have it, Rep. John Salazar (D-CO) was on my flight from Washington DC to Denver, so I had the opportunity to talk with him on the flight back to Denver. He is, and has always been, very supportive of dealer issues. The focus of our meetings last week and continuing was to garner support for HR 2743. This federal legislation was introduced last week by Rep. Frank Kratovil (D-MD) and Rep. Dan Maffei (D-NY) and has been endorsed by NADA. The measure, referred to as the Automobile Dealer Economic Rights Restoration Act, seeks to ensure that the bankruptcies of Chrysler and GM do not eviscerate dealers’ rights under state franchise laws. The bill currently has 132 cosponsors in the House, but we need a member of the Senate to file a companion bill in order for this measure to have a chance at passage. For a copy of HR 2743, please click here. Following the Senate Commerce committee hearing on June 3, 2009 in Washington DC, Jim Press, Chrysler President, sent a letter to Sen. Jay Rockefeller (D-WV), chairman of the committee, and Sen. Kay Bailey Hutchison (R-TX), the committee’s ranking member, outlining some concessions for terminated dealers. While we do not feel the letter goes even remotely far enough to assist terminated dealers, it does contain language wherein Chrysler promise to buy back inventory and to provide terminated dealers with a “right of first refusal” if their terminated point is considered for reopening by Chrysler in the future. Please click here to read the letter. Additionally last week, the “Cash for Clunkers” bill passed out of the US House of Representatives. The bill, H.R. 2751/S. 1135, is now in the Senate. The measure has been added to a War Supplemental bill and there is a potential it could get stripped out. We need Colorado dealers to contact Sen. Mark Udall (202-224-5941) and Sen. Michael Bennet (202-224-5852) and to urge them to “vote YES to waive the point of order” on this bill. This is a procedural vote and will keep the Cash for Clunkers language in the bill. For talking points and a summary of this legislation, please click here. Back at the Colorado Capitol, things are still moving despite the end of the legislative session in May. SB 281 regarding Pinnacol Assurance was signed by Governor Ritter on June 1, 2009. This bill establishes an interim committee, which will ultimately have 16 members, to review Pinnacol’s legal structure over the summer. The following legislators have been appointed to the committee already, and 6 more members that will be assigned soon. Sen. Morgan Carroll, Chair (D-Aurora), Rep. Bob Gardner (R-Colorado Springs), Rep. Cheri Gerou (R-Evergreen), Sen. Ted Harvey (R-Highlands Ranch), Sen. Mary Hodge (D-Brighton), Rep. Joe Miklosi (D-Denver), Sen. Shawn Mitchell (R-Broomfield), Rep. Sal Pace (D-Pueblo), Rep. Su Ryden (D-Aurora), Sen. Lois Tochtrop (D-Thornton). The committee has not yet posted its schedule of hearings. Also, the Transportation Legislation Review Committee (TLRC) members have been selected. This is the committee that will be reviewing the state sales tax databases as part of CADA’s efforts in passing HB 1230 during the 2009 Session. The committee members are: Rep. Buffie McFadyen, Chair (D-Pueblo), Sen. Dan Gibbs, Vice Chair (D-Silverthorne), Rep. Randy Baumgardner (R-Hot Sulphur Springs), Rep. Randy Fischer (D-Ft. Collins), Rep. Jerry Frangas (D-Denver), Rep. Steve King (R-Grand Junction), Rep. Marsha Looper (R-Colorado Springs), Rep. Frank McNulty (R-Highlands Ranch), Rep. Michael Merrifield (D-Colorado Springs), Rep. Dianne Primavera (D-Broomfield), Rep. Glenn Vaad (R-Mead), Sen. Mike Kopp (R-Littleton), Sen. Scott Renfroe (R-Greeley), Sen. Chris Romer (D-Denver), Sen. Nancy Spence (R-Centennial), and Sen. Suzanne Williams (D-Aurora). The TLRC has scheduled its first meeting for August 26 at 9:00 a.m. in room 0112 in the Capitol.
* * * * * * * * Questions or Comments? Please contact: Melissa Kuipers – VP of Government Relations and Communications
EMPLOYMENT LAW WEBINAR TOMORROW! Reducing Lawsuit Risks of Terminations and Staff Reductions CLICK HERE for more information! CLICK HERE to register online! TOMORROW! Thursday, June 18th
JAMES ROLAND FARICY PASSES AWAY James Roland Faricy, age 82, passed away at The Chelsea, First Community Village on Monday, June 8th, 2009. He was born August 5th, 1926 in Florence, Colo. to the late James and Elsie Faricy. Upon graduating from Holy Cross Abbey in Canon City, Colo., he volunteered for the US Army Air Corps during World War II. Upon his discharge he returned to Pueblo, Colo. and joined his brother, Owen in the automotive business. During his 49 years in the automotive business, he was frequently recognized by both the National Automotive Dealer Assoc. (NADA) and the Colorado Automotive Dealer Assoc. (CADA). He served as President for CADA in 1965-66. He served as chairman of the board for the Automotive Dealers Insurance Trust from 1980-91. Roland was chosen by Business Week and the American Truck Dealer Division of NADA as dealer of the year in 1980. Roland also served on the board of trustees for St. Mary Corwin Hospital from 1979-88 and was chairman of the board from 1986-88. He retired in 1991 and moved to South Carolina in 1997. While living in the Hilton Head area, he was actively involved in SCORE and Rotary where he was awarded the Paul Harris Fellow Award and Rotarian of the Year 2005. He was a board member of the TCL Foundation and was a 4th degree Knights of Columbus. Roland is predeceased by his parents, his sister Colleen Faricy Stamm, and three sons Jerry, James and Kevin. He is survived by his wife of 64 years, Teresa Mae; four surviving children, Brian Faricy of Folsom, Ca, Berta (Michael) Johnson of Columbus, Oh., Mel (Katie) Faricy of Pueblo, Co. and Terrie (Michael) McCabe of Columbus, Oh.; 13 grandchildren; and seven great-grandchildren; his brother Owen Faricy of Colorado Springs, Co., his sister Patricia Otis (Silvio) Troisi of Denver, Co.; numerous nephews and nieces. Memorial service will held in Pueblo, Colo. on Friday, June 19th at St. Pius X Roman Catholic Church at 11:00AM with inurnment to follow at Roselawn Cemetery. In lieu of flowers, donations can be made to Colorado AIDS Project, Development Department, 2490 West 26th Avenue, Suite A300, Denver, Co. 80211 or American Cancer Society P.O. Box 22718 Oklahoma City, Ok. 73123-1718.
TIM JACKSON OUT OF THE OFFICE THIS WEEK TO RIDE THE ROCKIES! Tim Jackson, President of CADA, will be out of the office (and out of touch) this week as he takes on the 380-mile cycling loop, ascending three of Colorado's most scenic mountain passes. CLICK HERE to learn more about this exciting ride. Safe travels Tim!
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