AUGUST 19, 2009


IN THIS ISSUE

DEALER NEWS & INFORMATION

Automotive News at a Glance

 

REGULATORY & LEGAL UPDATES

Sales / Use Tax - New Hold Harmless Law Now In Effect

CARS Program, AKA "Cash for Clunkers" - Latest Updates


LEGISLATIVE UPDATE

Several New Legislative Faces in the Colorado House and Senate

May Names Fiscal Conservative JBC

Pinnacol Assurance Meeting to Discuss Rates

CADA Looking for Intern

 

UPCOMING SEMINARS

Upcoming Seminars

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

CADA Regional Member Briefings!


CALENDAR OF EVENTS
Upcoming Events

CADA Annual Member Golf Event

CADA Regional Member Briefings

Denver Auto Show


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

Share Your Accomplishments

 

 


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


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.


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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.


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.

  • GM gives sneak peek of its future lineup
    The Detroit News, August 12
    General Motors Co. lifted the curtain Tuesday to show off many of the 25 vehicles the automaker plans to launch in the next 28 months.
  • More than 316,000 'clunkers' scrapped
    The Detroit News, August 12
    Auto dealers continue to submit more than 20,000 "cash for clunkers" deals to the Transportation Department daily, suggesting the remaining funds in the $3 billion program could run out in the next few weeks.
  • GM to spend big, market brands
    The Detroit News, August 12
    General Motors Co. thinks it has the products Americans want to buy, and now it plans to spend big to get consumers into showrooms.
  • Automakers race to meet demand for small cars fed by clunkers plan
    Detroit Free Press, August 12

    After slashing production over the past year of dismal sales, Detroit's automakers are now racing to keep up with demand for fuel-efficient models that are hot sellers under the federal cash-for-clunkers program.
  • Hyundai to offer new luxury sedan in U.S. next year
    The Detroit News, August 12
    Hyundai Motor Co. is taking on the world's luxury carmakers with a bold plan to launch a premium car above its upscale Genesis model in the U.S. next year.
  • Ford to ramp up Focus production amid 'clunkers' demand
    The Detroit News, August 12
    Ford Motor Co. is boosting production of its Ford Focus compact to meet surging demand sparked by the federal government's "cash-for-clunkers" program.
  • Ford sales up in Europe
    Detroit Free Press, August 12
    Ford Motor Co. said today that its European division recorded its highest market share for the month of July in a decade — a performance that is largely the result of a European program similar to cash-for-clunkers effort in the United States.
  • Oil rises as US imports jump, China buys crude
    Business Week, August 12
    Oil prices rose Wednesday as the market reacted favorably to signs of an increase in future demand in China and a further loosening of the recession's grip in the U.S.
  • * * * * * * * *


SALES/USE TAX - NEW HOLD HARMLESS LAW NOW IN EFFECT

As of August 5, 2009, HB09-1230 went into effect. Under this legislation—spearheaded by CADA—dealerships are able to obtain some added protection against future sales/use tax audits related to the choice of address at which a motor vehicle is registered. The Department of Revenue has issued a memo to counties regarding the new law as below:

HB09-1230Auto Dealers and Dealers Sales Tax Collection - Department of Revenue Memo, July 29, 2009

CLICK HERE to read the full article with more background on this new law, a re-cap of the state statute governing where a motor vehicle must be registered, and more information.

City/County of Denver Guidance and Declaration Form:
One key limitation of the newly enacted “address hold harmless” statue above is that it does not cover home-rule cities and counties.  These jurisdictions would need to specifically adopt this at the city/county, as many of them have done with the rate/certified database hold harmless.  

However, the City/County of Denver has provided an informational sheet related to the address of registration question – and also provided their own Declaration sheet to be signed by consumers if/when any information in the consumer’s file points to Denver.  They include the following advice excerpted below:

Information Sheet for Automobile Dealers Licensed to Collect Denver Sales Tax, Aug. 2009

“When conflicting addresses are provided by the customer, the City and County of Denver expects the dealership to investigate the reasons for the different addresses, and document in the customer’s file the facts surrounding the address discrepancies, including the customer’s statements. In addition, a motor vehicle declaration should be be completed by the customer only in cases where there are address discrepancies. (Click on the "motor vehicle declaration" link above to download the Word file of this document.)

While the City cannot agree to waive the dealership’s liability by virtue of using the motor vehicle declaration, it will look favorably upon its use as diligence by the dealership in determining where a motor vehicle should be registered and where sales tax is due.”

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CARs PROGRAM, AKA “CASH FOR CLUNKERS” – LATEST UPDATES

The following communication was faxed last week to all CADA member dealers.

CARSlogoContinue to check our web site at www.coloradodealers.org under the CARs program
logo for updates.

* * * * * * * *

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


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SEVERAL NEW LEGISLATIVE FACES IN THE COLORADO HOUSE AND SENATE

When the 2010 Session of the General Assembly starts in January, it promises to be nothing short of exciting.  Over the last few months, several legislators have resigned from their seats to pursue new ventures and as a result, vacancy committees in their respective districts have appointed successors, many of whom are new to politics.  A short summary of these legislative changes are below:

Sen. Jennifer Veiga (D-Denver) relocated to Australia and her replacement is former lobbyist, Sen. Pat Steadman (D-Denver).  Sen. Steadman is expected to be a tremendous asset to the Colorado Senate, given his experience and understanding of the political process. CADA has already had a dealer meeting with Sen. Steadman and we are encouraged by his understanding of our issues.

Sen. Peter Groff (D-Denver) was appointed by the Obama Administration to head the faith-based initiatives center for the U.S. Secretary of Education.  His replacement, Sen. Michael Johnston (D-Denver) is the principal at Mapleton Expeditionary School of the Arts (MESA) in Thornton.  Sen. Johnston promises to be an energetic, intelligent and thoughtful addition to the Colorado Senate. CADA has already had a dealer meeting with Sen. Johnston and we are encouraged by his interest, passion, and understanding of our issues.

Sen. Jim Isgar (D-Hesperus) resigned from the Senate when he was tapped to join the U.S. Department of Agriculture to serve as the Colorado State Director of Rural Development.  His replacement, Sen. Bruce Whitehead, was sworn-in to the Senate on Monday.  Whitehead worked for 25 years for the Colorado Division of Water Resources and is the executive director of the Southwest and Animas-La Plata water conservation districts. Gov. Bill Ritter appointed him last year to serve on the Colorado Water Conservation Board.

Rep. Gwyn Green (D-Golden) announced during the 2009 Session that she was resigning her seat effective June 1.  She said a lack of stamina for the position and a desire to spend more time with her grand children spurred her decision.  Rep. Green was replaced by Rep. Max Tyler (D-Lakewood), who has been a small business owner over 35 years. He created, grew and sold two businesses before starting his current business, The Star Group, which is a consulting firm focused on effective information management for small businesses.  CADA has already had a dealer meeting with Rep. Tyler and we are encouraged by his understanding of our issues.

Rep. Anne McGihon (D-Denver) resigned from the Colorado House in the middle of the 2009 Session.  She rejoined the law firm of Akerman Senterfitt and given the fact she would be in Washington about half the time, it will be impossible for her to continue as a Representative.  Rep. McGihon was replaced by Rep. Daniel Kagan (D-Denver).  A native of England and American citizen since 1984, Rep. Kagan is an attorney and has already been a tremendous asset to the business community in the Colorado legislature. CADA is working with Rep. Kagan to schedule a meeting with local area dealers before summer's end.

Rep. Don Marostica (R-Loveland) resigned from the Colorado House to serve as the head of Governor Ritter’s Office of Economic Development.  Rep. Marostica’s replacement, Rep-elect Brian DelGrosso (R-Loveland), is an entrepreneur, owning 3 Dominos pizza franchises.

Consistent with these legislative changes, House and Senate Committee assignments will be altered. 

Please click here to see the House Democrat committee assignments.

Please click here to see the Republican committee assignments.

* * * * * * * *

MAY NAMES FISCAL CONSERVATIVE JBC
May Cites Need to Restore Some “Fiscal Sanity” to Budget Process

Citing recent tax and fee increases and the elimination of a key government spending limit in the midst of a recession, House Republican Leader Mike May, R-Parker, today announced that he will be appointing Rep. Kent Lambert, R-Colorado Springs, to serve on the Joint Budget Committee.

“Kent will be a responsible and accountable steward of our citizens’ hard-earned taxpayer dollars and a watchdog to protect the interests of Coloradans,” May said. “Kent understands the importance of responsible spending and his principles, as well as his background and experience, will make him a valuable addition to the Joint Budget Committee.”

As a member of the JBC, Lambert will be responsible for reviewing the operations and programs of Colorado’s departments and agencies and determining how the state budget should be administered for the successful operation of government.

As a member of the JBC, Lambert also will serve on the House Appropriations Committee.

“With these committee assignments comes a great deal of responsibility,” Lambert said. “When we talk about the state budget, we are talking about our citizens’ hard-earned tax dollars. We have an obligation to ensure that these dollars are being spent efficiently and effectively to serve the needs of Colorado citizens, not the needs and wants of state government.”

The JBC is responsible for reviewing the efforts, management and fiscal needs of Colorado government and ensuring that the legislature fulfills the constitutional requirement for a balanced budget.

In making his decision, May set forth the following criteria:

  • Must be a true fiscal conservative
  • Must respect TABOR and not be afraid to stand up for taxpayers
  • Must serve citizens and not the governor
  • Must respect the proper role of the JBC (May believes that the JBC's work should be limited to the budget, and should not lend their stamp of approval to other proposals only tangentially related to the budget such as the Medicaid Provider)

Lambert will replace former Rep. Don Marostica, R-Loveland.

CLICK HERE for Rep. Lambert's bio

* * * * * * * *

PINNACOL ASSURANCE MEETING TO DISCUSS RATES

Last Friday marked the second meeting of the Pinnacol Assurance interim committee, as required by SB 281 from the 2009 Session. The topic for this daylong meeting was rates, and more specifically, Pinnacol’s highly competitive rate structure. Witness after witness sang the praises of Pinnacol Assurance, providing the committee with a fantastic perspective on how well the company is operating, and is therefore able to offer its policyholder workers compensation rates that beat out most competitors. We owe a special “thank you” to Judy Nalow, HR Director for Medved Autoplex. She testified before the committee about Pinnacol’s premier customer service and the longevity of their staff and did an incredible job representing dealers. The next meeting of the Pinnacol Assurance interim committee is scheduled for Monday, Aug 31. At that meeting, the committee will hear from injured workers and their perspective of Pinnacol’s claim’s handling practices.

* * * * * * * *

CADA LOOKING FOR INTERN

Calling all students! Do you know a college student who wants to learn more about the automotive industry? Do you want to spend time at the Capitol and learn how laws are passed? Do you want to attend live tapings of media events? Then contact us!! CADA is seeking one intern for the summer and one for the legislative session, which begins in January. Please send all resumes to melissa.kuipers@coloradodealers.org and tim.jackson@coloradodealers.org by no later than Monday, Sept. 7. Please also include your hours and availability for the Fall semester.

* * * * * * * *

Questions or Comments?  Please contact:


a

* * * * * * * *

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

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

Employment Law WEBINAR:
Reducing Lawsuit Risks of Terminations and Staff Reductions

By Todd Fredrickson, top Denver employment attorney, Fisher & Phillips, LLP

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

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!

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)

CADA Virtual Seminar: Employer Requirements for New COBRA Subsidy

Speaker: Penny Wofford, Ford & Harrison LLP


Archive of this webinar can be viewed any time

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


Event Description
Date/Time
Location

CADA Annual Member Golf Event

NEXT WEEK!

Monday, August 24, 2009

12:00 Noon Shotgun Start

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

CADA Regional Member Briefings

- FULL LIST of location dates and times

Eleven meetings for dealers across Colorado

For more information www.coloradodealers.org/regionals
Attendees can register through CADA via Phone: 303.457.5123, FAX: 303.831.9100, or E-mail: rsvp@coloradodealers.org
* Please note different RSVP
for Colorado Springs and
Pueblo meetings. 

MDADA Annual Membership Meeting/CADA Regional Meeting

Denver

Tuesday, Dec. 1

11 a.m.- Lunch Meeting (General Session)

Plan to arrive by 10:45 a.m.

JW Marriott Denver at Cherry Creek
150 Clayton Lane
Denver 80206
Attendees can register through CADA via Phone: 303.457.5123, FAX: 303.831.9100, or E-mail: rsvp@coloradodealers.org

Complimentary valet parking

CLICK HERE to register online!

NADA Convention & Exposition Feb. 13-15, 2010

Orange County Convention Center, Orlando FL

CLICK HERE for more information from the official website.

Denver Auto Show



Wednesday, April 7, 2010

thru  

Sunday, April 11, 2010

Colorado Convention Center

700 14th Street Denver 80202

CLICK HERE for more information.


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.



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

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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