SEPTEMBER 16, 2009


IN THIS ISSUE

DEALER NEWS & INFORMATION

Automotive News at a Glance

 

REGULATORY & LEGAL UPDATES

More Clarifications on Rental Car Daily Fee ("Tax")

Motor Vehicle Dealer Board - New Members Appointed & Latest Wheels

Guest Column: Investigating Claims of Harassment

Auto Industry Division Closed For State Mandatory Furlough Days

 

LEGISLATIVE UPDATE

Transportation Legislation Review Committee Meeting Today at the Capitol

CADA Grassroots Meetings Being Scheduled Daily

Impressive Turnout for Fundraising Breakfast for Rep. Steve King (R- Grand Junction)

CADA Looking for Intern

 

UPCOMING SEMINARS

Upcoming Seminars

Colorado Springs, Performance Documentation Skills For Supervisors

Denver, Performance Documentation Skills For Supervisors

Unclaimed Property 101: The Essentials of Reporting & Compliance

CADA Regional Member Briefings!


CALENDAR OF EVENTS
Upcoming Events

CADA Regional Member Briefings

MDADA Annual Membership Meeting/CADA Regional Meeting

NADA Convention and Exposition

Denver Auto Show

CADA 2010 Annual Golf Tournament


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

Anna Rose Kogel Passes Away

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


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.


Need Acrobat Reader
to view linked
documents?
CLICK HERE for a FREE
download from Adobe.


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.

  • House expected to vote on funding green vehicle research
    The Detroit News, September 16
    Targeting more funding for the auto industry, the House is considering an expansion into government-led research of fuel-efficient vehicle technology and making research dollars more available to auto parts suppliers.
  • Fiat chief: Fiat-Chrysler can produce 6 million cars a year
    The Detroit News, September 16
    Fiat and Chrysler CEO Sergio Marchionne said Wednesday that the new auto alliance can reach a production of 5.5 million to 6 million cars a year on its own once the economy and car markets stabilze.
  • Tougher market expected for U.S. in Europe
    The Detroit News, September 16
    Detroit's automakers are occupying less space at this year's Frankfurt Motor Show, and in the European auto market, after shedding brands and assets to get through a global industry downturn that hit them especially hard.
  • Ford vies for Sync patents
    The Detroit News, September 16
    Rivals court former employee who claims rights to key technology
  • Government insurer takes over pension plan for Troy supplier
    The Detroit News, September 15
    The government's pension insurer today seized its fourth auto supplier pension plan in two months.
  • GM says top execs can fly business class
    The Detroit News, September 15
    General Motors Co. today released its luxury expense policy, saying its senior executives will be allowed to fly business class on all flights.
  • China challenges U.S. tire tariffs
    The Detroit News, September 15
    President Barack Obama's decision to impose heavy tariffs on Chinese-made tires may prompt China to retaliate against U.S. auto and poultry exports.
  • Perkins Dodge adding Chryslers, Jeeps to its lineup
    Colorado Springs Gazette, September 8
    In the wake of Chrysler closing nearly 800 dealerships nationwide as part of its bankruptcy restructuring, Perkins Motor City Dodge has emerged with what third-generation owner Tom Perkins calls “a really big deal.”
  • Kentucky ADA Newsletter
    KADA Newsletter, September 9
    To read the latest Kentucky ADA Newsletter please click on the link above
  • USA Today, Open Road
  • …more news articles are included at the end of this issue.


MORE CLARIFICATIONS ON RENTAL CAR DAILY FEE ("TAX")

There is still confusion about the daily rental car fee – below is a further response/clarification from the Department of Revenue Taxpayer Services Division.    

Basically whenever a charge is made for the use of the vehicle, it is subject to the daily rental fee from whoever is paying the charge.

No third-party Rental (Dealer ‘rents’ own car)
There is some confusion about vehicles provided at no charge to customers when their car is in the dealer for repair.  The customer is not charged the new vehicle daily rental fee since they had complimentary use of the vehicle.  However, if the dealer submits a claim to the manufacturer for this use, the dealer should charge the manufacturer the $2 daily rental fee on the invoice.  If the dealer is billing the manufacturer for the rental, the $2 fee is due from the manufacturer, since they are paying.  Caps put in place by the manufacturer do not negate the fee. 

With a third-party rental (for example, Enterprise Rent-a-car)
Likewise, if the dealer has obtained this vehicle from a rental agency, the rental agency must charge the $2 daily rental fee on their invoice to the dealer.  For example, if a dealer rents from Enterprise, then Enterprise would charge the daily rental fee.  If the dealer subsequently makes a claim with the factory, the money coming from the manufacturer in this case is simply a reimbursement, not the actual rental, and the rental fee would not be charged again.  Only Enterprise would charge the daily rental fee in this scenario.   Caps put in place by the manufacturer do not negate the fee. 

Additionally, below is the filing form for remitting this tax:
DR 1777 (06/26/09) Vehicle Daily Rental Fee Return

Please visit the June 24th & July 8th publications of the Open Road for more information.

* * * * * * * *

MOTOR VEHICLE DEALER BOARD - NEW MEMBERS APPOINTED & LATEST WHEELS

The governor has made new appointments to the Motor Vehicle Dealer Board.  Congratulations, and thank you to these members for taking on this responsibility to the industry:    

  • Beau Smith of Sill-TerHar Motors, Inc. in Broomfield has just been appointed as a new motor vehicle dealer member to fill a vacant position. 
  • Scott Ehrlich of Ehrlich Motors was appointed earlier this summer. 

The Governor has also re-appointed the following:

  • John Medved, new motor vehicle dealer.
  • Philip Harris, used motor vehicle dealer.
  • Eva Wilson, member of the public.

The June issue of Wheels has further information on other recent appointments and Division news. 

* * * * * * * *

GUEST COLUMN: INVESTIGATING CLAIMS OF HARASSMENT
By John Donovan, Fisher & Phillips LLP

Your human resources director has brought you a tough one:  one of your sales employees has complained that her Sales Manager harassed her sexually, and had made disparaging racial remarks about a customer.  You’re stunned because the manager has been a good performer, generating good numbers and seems like a real straight arrow guy.  What do you do?

CLICK HERE to read the entire article.

* * * * * * * *

AUTO INDUSTRY DIVISION CLOSED FOR STATE MANDATORY FURLOUGH DAYS

Please be advised that the division (as well as other state offices) will be closed to observe mandatory furlough days. Governor Ritter announced these furlough days due to state budget woes:

September 8, 2009
October 9, 2009
November 27, 2009
December 31, 2009

Business will resume the next business day.

* * * * * * * *

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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TRANSPORTATION LEGISLATION REVIEW COMMITTEE MEETING TODAY AT THE CAPITOL

As part of HB 1230, passed at the urging of CADA during he 2009 legislative session, the Transportation Legislation Review Committee is currently meeting today at the Capitol.  Topics of discussion include sales tax discrepancies in the state maintained sales tax database.  To view today’s meeting agenda, please click here

* * * * * * * *

CADA GRASSROOTS MEETINGS BEING SCHEDULED DAILY

In large part, CADA’s legislative success is due to the active and meaningful participation of our member dealers in grassroots activism.  We are in the process of scheduling 28 meetings across Colorado between now and when the General Assembly convenes for the 2010 Session on January 13th.  To see a current list of the meetings we have confirmed, please click here and RSVP to Lauren Stadler at lauren.stadler@coloradodealers.org if you plan to attend.  We can’t wait to see you at these very important and educational meetings!

* * * * * * * *

IMPRESSIVE TURNOUT FOR FUNDRAISING BREAKFAST FOR REP. STEVE KING (R- GRAND JUNCTION)

Last Friday morning, CADA hosted a fundraising breakfast in Grand Junction for Rep. Steve King (R-Grand Junction).  At least 10 dealers turned out for this fantastic event and Rep. King was thrilled at the response by dealers.  Rep. King is running for the Senate seat being vacated by Sen. Josh Penry (R-Grand Junction) in 2010.  Thanks and appreciation goes out to all of our Grand Junction member dealers who participated.

* * * * * * * *

CADA LOOKING FOR INTERN

Calling all students! Do you know a college student who wants to learn more about the automotive industry? Do you know a student who wants to spend time at the Capitol and learn how laws are passed? Do you know a student who would enjoy attending 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, September 21. Please ask respondents to provide hours and availability for the Fall semester.

* * * * * * * *

Questions or Comments?  Please contact:


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PERFORMANCE DOCUMENTATION SKILLS FOR SUPERVISORS
Your best defense against employment-related lawsuits

Presented by Michael D. Johnson, an Employment Lawyer with Mountain States Employers Councel (MSEC), Colorado Springs Session, and Tina Harkness, Staff attorney with MSEC, Employment Law Services Department, Denver Session.

This seminar will be held at two convenient locations!

COLORADO SPRINGS
Monday, September 21, 2009
(Lunch included)
Noon to 3:30 p.m.
MSEC Training Center
6385 Corporate Drive
Suite 302
CO Springs, 80919

CLICK HERE for a registration form and more information on our Colorado Springs session!

DENVER
Tuesday, September 22, 2009
(Breakfast included)
8:30 a.m. to Noon
William D. Barrow Building
CADA Offices
290 East Speer Blvd., Denver


CLICK HERE
for a registration form and more information on our Denver session!

Objective:
To provide managers and supervisors with the critical skills necessary to effectively manage and evaluate employee performance. Participants will learn a performance documentation process and understand its importance in preventing legal claims. Using proven documentation techniques, participants will practice writing and maintaining job-related employee performance documentation. The seminar will focus on how the current legal climate affects supervision, as well as the "how-to's" of documenting employee actions.

Highlights of topics included:

  • Why documentation helps prevent legal claims
  • How to document behaviors, not people
  • Learn an effective documentation technique
  • Participate in typical situations that require documentation

CLICK HERE for a registration form and more information

* * * * * * * *

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

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

Performance Documentation Skills For Supervisors

Colorado Springs

Presented by Michael D. Johnson, an Employment Lawyer with Mountain States Employers Councel (MSEC)

Monday, September 21, 2009
(Lunch included)

Noon to 3:30 p.m.

MSEC Training Center
6385 Corporate Drive
Suite 302
CO Springs, 80919

Click here for a registration form and more information

Performance Documentation Skills For Supervisors

Denver

Presented by Tina Harkness, Staff attorney with Mountain States Employers Council (MSEC), Employment Law Services Department

Tuesday, September 22, 2009
(Breakfast included)

8:30 a.m. to Noon

William D. Barrow Building
CADA Offices
290 East Speer Blvd., Denver

Click here for a registration form and more information

Unclaimed Property 101: The Essentials of Reporting & Compliance

Webinar

Wednesday, September 30, 2009


1:00 PM - 2:30 PM EDT

Click here to register online

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: 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 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.

CADA 2010 Annual Golf Tournament

SAVE THE DATE!

August 23, 2010

11:00am-11:45am Registration/Practice

12:00 Noon – Shotgun Start

Lakewood Country Club
6800 W. 10th Avenue
Lakewood, CO  80214


ANNA ROSE KOGEL PASSES AWAY

The Colorado Automobile Dealers Association would like to express their deepest condolences to longtime employee Robert “Bob” Kogel on the loss of his wife Anna Rose Kogel.  Anna lost her battle with Leukemia on Sunday, September 6th.  Click here to learn more about Anna.

* * * * * * * *

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


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

To remove yourself from this list, click on this link.

Colorado Automobile Dealers Association
290 East Speer Boulevard Denver, CO 80203
Telephone: 303.831.1722 | Facsimile: 303.831.4205
www.coloradodealers.org