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JULY 1, 2009
IN THIS ISSUE
DEALER NEWS & INFORMATION
– Automotive News at a Glance
REGULATORY & LEGAL UPDATES
– Cash for Clunkers: Car Allowance Rebate System (CARS) Program Update
LEGISLATIVE UPDATE
– Grassroots Alert! Call to Action!
UPCOMING SEMINARS
– Upcoming Seminars
– Controllers: Taxation Issues and DMS Cost-Reduction
– Employment Law Webinar: Reducing Lawsuit Risks of Terminations and Staff Reductions; Archive Now Available!
– CADA Virtual Seminar: Manufacturer Bankruptcy: What it Means and Proactive Steps- Now Available in Pre:Recorded Format!
– CADA Virtual Seminar: Employer Requirements for New COBRA Subsidy; Archive Now Available
CALENDAR OF EVENTS
– Upcoming Events
– Dealer Management and Leadership Summit
– CADA Annual Member Golf Event
DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS
–Herm Brocksmith Becomes General Manager at Kuni Honda
–Share 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.
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
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.

CADA STAFF
CLICK HERE for a CADA staff listing
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or suggestions regarding this
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lauren.stadler@coloradodealers.org
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ENDORSED VENDOR/PROGRAMS
CLICK HERE for information about the
Endorsed Vendors/Programs.

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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 in general that appeared recently in newspapers and other media outlets across the nation.

CASH FOR CLUNKERS: CAR ALLOWANCE REBATE SYSTEM (CARS) PROGRAM UPDATE
As you are likely aware, the President signed the Car Allowance Rebate System (CARS) into law last week on June 24th, with program dates of July 1st through November 1, 2009. However, within 30 days of signing, the National Highway Traffic Safety Administration (NHTSA) still needs to finalize detailed rules and create an online system to implement this program. 
Because key aspects of the implementation are not yet final, CADA does not recommend that dealers provide customers with credits based on an expectation of being reimbursed through a yet-to-be-defined process. Further, there are stiff penalties for violations; the government notes “To protect consumers, dealers, and others, NHTSA intends to enforce the Act and the implementing regulations strictly.” The main government site contains the following:
While the CARS Act makes transactions on and after July 1 potentially eligible for credits under the CARS program, interested dealers and consumers may want to wait until all of the detailed issues that must be addressed in the implementing regulations are resolved and the final rule is issued.
If dealers choose to structure a transaction before the final rule is issued, they will bear the risks associated with later demonstrating that the transaction meets all of the specifications of the final rule.
See “Additional parameters governing rulemaking” for more insight on the program before the rules are finalized.
Dealerships will need to register in advance to participate in the program, but the mechanism to do that has not yet been provided. The following has been noted regarding that part of the process:
Under the law, NHTSA will make electronic funds transfers only to a registered dealer that has submitted the required proof of a completely eligible transaction. We will develop a registration system to identify licensed, franchised new vehicle dealers and to obtain the banking and tax identification information necessary for making secure electronic transfers. Only registered dealers will have access to the payment system.
With all of the press and news around this program, consumer expectations are likely high and varied, and most will expect July 1st availability. The official government website for the program is www.CARS.gov. Share this site with employees and customers—you can also register there to receive updates directly via email. BE CAREFUL AND DO NOT TRUST OTHER SITES CLAIMING TO PROVIDE INFORMATION OR REGISTER DEALERS.

To assist your customers and provide the most up-to-date information on the CARS program, you may consider adding a link to the official government site to your dealership web site.
CADA will keep you informed of updates as we receive them.
Below are additional resources:
Also visit NADA for updated information as well:
www.nada.org/cashforclunkers
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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
 
GRASSROOTS ALERT! CALL TO ACTION!
By Melissa Kuipers, Vice President of Government Relations & Communications
CADA is aggressively seeking co-sponsors for federal legislation, the Automobile Dealer Economic Rights Restoration Act. These bills, HR 2743 in the House and S. 1304 in the Senate, would ensure that the bankruptcies of Chrysler and GM do not eviscerate dealers’ rights under state franchise laws. The bill currently has 202 cosponsors in the House and 10 cosponsors in the Senate. Rep. Lamborn (R-CO), Rep. Perlmutter (D-CO) and Rep. Coffman (R-CO) have already signed on as cosponsors. Please contact the following members of the Colorado Congressional Delegation and encourage them to co-sponsor these critical pieces of dealer legislation.
HR 2743
Rep. Diana DeGette: 202-225-4431
Rep. Betsy Markey: 202-225-4676
Rep. Jared Polis: 202-225-2161
Rep. John Salazar: 202-225-4761
S. 1304
Sen. Mark Udall: 202-224-5941
Sen. Michael Bennet: 202-224-5852
Congress is on a break this week due to the July 4th holiday, but please leave messages and continue to call next week when Congress is back in Session.
For a copy of HR 2743, please click here.
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Questions or Comments? Please contact:

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| Event Description |
Date/Time |
Location |
Controllers: Taxation issues and DMS Cost-Reduction
Bruce Nelson, CPA
Brad Bowers, CPA
Paul Gillrie, The Paul Gillrie Institute
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Wednesday,
July 15, 2009
7:30am – Noon (time tentative) |
CADA Office, 290 East Speer Blvd, Denver
CPAs will review lessons learned from recent dealership tax audits, and advise dealerships on areas of risk in state/local tax audits as well as other sources of liability.
Paul Gillrie, national consultant and expert on DMS system negotiations, reducing monthly costs/billing analysis, and on the DMS market overall.
CLICK HERE for registration information
To register online, CLICK HERE!
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Employment Law WEBINAR:
Reducing Lawsuit Risks of Terminations and Staff Reductions
By Todd Fredrickson, top Denver employment attorney, Fisher & Phillips, LLP
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Archive of this webinar can be viewed any time |
Session was completed June 18, 2009
Click here for a registration form and more information (login information and slides provided upon registration)
-Includes detailed Q &A by those linked in on June 18th
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CADA Virtual Seminar: Manufacturer Bankruptcy: What it Means and
Proactive Steps for You to Prepare
Understand your rights and responsibilities in a bankruptcy proceeding
NOW AVAILABLE IN PRE-RECORDED FORMAT!
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Archive of this webinar can be viewed any time |
Session was completed May 1, 2009
-Includes detailed Q &A by those linked in on May 1st
Click here for a registration form and more information (login information and slides provided upon registration)
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CADA Virtual Seminar: Employer Requirements for New COBRA Subsidy
Speaker: Penny Wofford, Ford & Harrison LLP
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Archive of this webinar can be viewed any time
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Click here for a registration form and more information (login information and slides provided upon registration)
Session was completed April 7, 2009
-Includes detailed Q &A by those linked in on April 7th
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| Event Description |
Date/Time |
Location |
Dealer Management & Leadership Summit
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Thursday, Aug. 13
8 a.m. to 7:30 p.m
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Marriott Denver South at Park Meadows Drive (I-25 and Lincoln in Douglas County)
More information on speakers/agenda will be posted online as finalized.
CLICK HERE for registration information
To register online, CLICK HERE!
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CADA Annual Member Golf Event
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Monday, August 24, 2009
12:00 Noon Shotgun Start
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Glenmoor Country Club
110 Glenmoor Drive
Cherry Hills Village, 80113
303.781.3000
For DEALER registration CLICK HERE
For ALLIED MEMBER registration CLICK HERE
To register online, CLICK HERE!
www.glenmoorcc.org |

HERM BROCKSMITH BECOMES GENERAL MANAGER AT KUNI HONDA
Herm Brocksmith is the new general manager at Kuni Honda. Herm has previously served as GSM at Kuni Lexus, working with GM Gregg Stone there. More recently Herm served as GSM at Lexus of Colorado Springs (another Kuni store).
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
- What Do Most Popular Vehicles Say About Your Zip Code?
KMGH Channel 7, June 29
Where Subaru Is Strong, Pilates-Mom Rule
- At Saturn, a Split Over Relying on the Penske Name
The Wall Street Journal, June 29
General Motors Corp.'s Saturn unit is set to be sold to a new owner later this year, but any road to recovery for the slumping brand will be challenging.
- Electric cars attract hype, but reality is less exciting
The Detroit News, June 26
The electric car is about to conquer the world ... again.
- GM pushes judge to approve quick sale of assets
The Detroit News, June 25
General Motors Corp. President and CEO Fritz Henderson urged a federal bankruptcy judge today to quickly approve a sale of the automaker's assets to a U.S. Treasury Department-sponsored company.
- Car Liability, Dealers Pose New Hurdles For GM Plan
The Wall Street Journal, June 26
The U.S. Treasury Department is negotiating with more than a dozen state attorneys general to roll back two key features of General Motors Corp.'s bankruptcy plan that would have wiped out billions of dollars in potential claims from car-accident victims and closed auto dealers.
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