SEPTEMBER 29, 2009


IN THIS ISSUE

DEALER NEWS & INFORMATION

Automotive News at a Glance

 

REGULATORY & LEGAL UPDATES

EEOC Publishes Proposed ADAAA Regulations

 

LEGISLATIVE UPDATE

Please Join Us Tomorrow For A Fundraiser at CADA In Support of Rep. Ken Summers (R-Lakewood)

On the Heels of New Revenue Forecast, Colorado Short Another $240 Million for FY 09/10

Legislative Policy Committee Appreciation Dinner Set for Thursday, October 1st

Be A Part of CADA's Grassroots Efforts!

Please Save the Date For These Future Fundraisers at CADA!

Photos From Governor Ritter's Fundraiser on 9.14.09

 

UPCOMING SEMINARS

Upcoming Seminars

Unclaimed Property 101: The Essentials of Reporting & Compliance

Designated Risk Management Seminar: The Key To Cuttings Costs is Controlling Losses

CADA Regional Member Briefings!


CALENDAR OF EVENTS
Upcoming Events

Colorado Legislator Meetings

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

Legislative Policy Committee Co-Chairs Announced

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.


CLICK ON THE POSTCARD ABOVE TO REGISTER!

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YOUR CADA OPEN ROAD eNEWSLETTER HAS A NEW DELIVERY DATE!

Expect to see the Open Road on Tuesdays at 2pm!

~ CADA

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.

  • Automakers exploring ways to make electric cars louder, thus safer
    The Detroit News, September 24
    Toshiyuki Tabata spent 30 years as a Nissan Motor Co. engineer trying to make gasoline-powered cars quieter. Now he's consulting music composers to make electric cars noisier -- and safer.
  • GM's return policy may not be worth the hassle
    The Detroit News, September 27
    You fell in love with that $22,000 Chevy Malibu because of its color, style and price. After driving it home, you realize it's not what you wanted. Maybe it's the way it handles on the highway, the location of the cup holders or the shape of the seats.
  • Clunkers
    The New York Times, August 26

    The Associated Press has just informed its clients “to note the use of the uppercase in the name of the program.”
  • Energy secretary says carmakers can surpass 34 mpg standards
    The Detroit News, September 17
    U.S. Energy Secretary Steven Chu said today automakers can go beyond the 34.1 mpg fleet-wide fuel efficiency standards proposed by the Obama administration for the 2016 model year.
  • Quality Reporting Doesn't Come Cheap
    The Wall Street Journal, September 26
    The decline of newspapers is a tragedy for democracy. How can it be stopped?
  • Democrats Soften Financial Bill
    The Wall Street Journal, September 24
    Congressional Democrats and the White House are softening some elements of the Obama administration's proposal to overhaul financial-market supervision as they begin a push to win broader support for the bill.
  • Tesla Motors loses manufacturing, engineering chief
    The Detroit News, September 24
    Tesla Motors Inc., the electric-car maker awarded $465 million in U.S. loans to develop and build battery-powered vehicles, is losing its manufacturing and engineering chief to a Michigan consulting firm.
  • Goldman will invest in Geely
    The Detroit News, September 24
    Chinese car maker Geely Automobile said Wednesday it will raise about $334 million in a deal with an affiliate of Goldman Sachs, building up cash for a possible takeover of Ford Motor Co.'s Volvo Cars.
  • USA Today, Open Road
  • …more news articles are included at the end of this issue.


EEOC PUBLISHES PROPOSED ADAAA REGULATIONS
MSEC Hot Topics Alert, September 24, 2009

Yesterday, the EEOC published long awaited proposed regulations on the ADA Amendments Act (ADAAA). The ADAAA took effect January 1, 2009, and employers have been attempting to apply the law since then without regulatory guidance.

Congress passed the ADAAA to overturn U.S. Supreme Court decisions interpreting the ADA, particularly the definition of disability, too narrowly. In passing the ADAAA, Congress left certain questions unanswered and instructed the EEOC to provide further interpretation. The proposed regulations are intended to do that and address the following:

Definition of Disability: Going forward, disability will be interpreted broadly. Instead of "preventing" or "significantly or severely restricting" a person's ability to perform a major life activity, a physical or mental impairment is a disability if it substantially limits the person's ability to perform the activity as compared to most people. Beyond this, the EEOC provides little guidance on how the words "substantially limited" should now be interpreted. The regulations include two non-exhaustive lists of major life activities. Also included are examples of conditions commonly found to be disabilities and examples of those that typically are not. Mitigating measures, other than glasses and contacts, will not be considered in determining whether someone is disabled. Episodic conditions or those in remission are disabilities if they substantially limit the person when the condition is active.

Regarded As Disabled: To be regarded as disabled, employees no longer have to show that the employer perceived them as substantially limited in a major life activity. Instead, employees must only show that the employer took action against them due to an actual or perceived disability. Employees who are regarded as disabled are not entitled to reasonable accommodation.

Limited Uncorrected Vision Testing: The regulations restrict employers from requiring uncorrected vision testing unless it is job-related.

The EEOC also issued a question-and-answer document on the proposed regulations. The EEOC goes beyond the information in the proposed regulations to address issues such as whether the ADAAA will be applied retroactively and whether asking an employee if reasonable accommodation is needed could be regarding the employee as disabled. The EEOC also addresses previous excluded impairments and the viability of the following existing defenses: that the employee is not qualified, that he or she poses a direct threat, or that an accommodation causes undue hardship. Interested parties have 60 days from the publication date to submit comments for EEOC consideration. The EEOC will review the comments and possibly change the regulations before finalizing them. Comments may be submitted to the EEOC by mail, fax, delivery, or at www.regulations.gov. MSEC will be providing detailed analysis of the proposed regulations in upcoming a webinar on November 19, 2009, and a briefing session on a date yet to be determined.

* * * * * * * *

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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PLEASE JOIN US TOMORROW FOR A FUNDRAISER AT CADA IN SUPPORT OF REP. KEN SUMMERS (R-LAKEWOOD)

Please join us Wednesday, September 30th, as CADA hosts a fundraiser for long-time automobile dealer supporter, Rep. Ken Summers (R-Lakewood).  During the 2009 Session, Rep. Summers was the prime sponsor in the Colorado House of Representatives of HB 1230, a bill that provided a hold harmless to dealers in the event of a subsequent audit where a purchaser of a motor vehicle has provided a dealer with an incorrect primary address in an effort to avoid sales taxes.  For a copy of HB 1230, please click here.  To view the invitation or to RSVP, please click here.  We look forward to seeing you tomorrow to support Rep. Summers.

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ON THE HEELS OF NEW REVENUE FORECAST, COLORADO SHORT ANOTHER $240 MILLION FOR FY 09/10

In addition to the $318M shortfall lawmakers were stunned with last month, Colorado’s Legislative Council Staff recently informed lawmakers that the state will be another $240M short for the current fiscal year.  That puts our current revenue loss at $558M.  The Governor is expected to revise his budget-balancing plan immediately in light of these new numbers.  To read the September revenue forecast in its entirety, please click here.

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LEGISLATIVE POLICY COMMITTEE APPRECIATION DINNER SET FOR THURSDAY, OCTOBER 1st

To show our appreciation for the spirit and dedication of the Legislative Policy Committee, CADA has scheduled its LPC Victory Appreciation Dinner for the evening of Thursday, October 1st at Root Down Restaurant 1600 W. 33rd Ave, Denver, 80211.  We will be honoring the commitment of outgoing LPC co-chairs Don Hicks and Matt Tynan with good food, drinks and fun.  This event is free.  For more details or to RSVP, please contact Lauren Stadler at lauren.stadler@coloradodealers.org.

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BE A PART OF CADA'S GRASSROOTS EFFORTS!

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 30 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!

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PLEASE SAVE THE DATE FOR THESE FUTURE FUNDRAISERS AT CADA!

Thursday, October 29th, Josh Penry for Governor (R-Grand Junction) (**Ladies Only** 5:00 – 7:00 p.m.)

Thursday, November 5th, Scott McInnis for Governor (R-Grand Junction) (5:00 – 7:00 p.m.)

Wednesday, November 18th, Rep. Joe Rice (D-Littleton) (5:00 – 7:00 p.m.)

* * * * * * * *

PHOTOS FROM GOVERNOR RITTER'S FUNDRAISER ON 9.14.09


Diana Blanch of Medved Autoplex, Incoming Legislative Policy Committee co-chairman Todd Bondy of Murray Motors, Melissa Kuipers, Governor Bill Ritter


Melissa Kuipers introduces Governor Ritter


Todd Bondy discusses dealer issues with Governor Ritter as Melissa Kuipers looks on

* * * * * * * *

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

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

Designated Risk Management Seminar: The Key To Cutting Insurance Costs is Controlling Losses

By Federated Insurance

November 9-11, 2009

Click here for more information!

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

Legislator Meeting

Representative Diane Primavera

Thursday, October 8, 2009

8:00 a.m., Breakfast

The Egg and I, 799 US Hwy 287, Broomfield, 80020

CLICK HERE for a full list of meetings or to register to attend!

Legislator Meeting

Senator Shawn Mitchell

 

Thursday, October 8, 2009                

10:00 a.m., Coffee

 

Paradise Bakery & Café, One West Flatiron Crossing Drive, Broomfield, 80021

CLICK HERE for a full list of meetings or to register to attend!

Legislator Meeting

House Minority Leader Mike May
*Key Meeting*

 

Thursday, October 8, 2009                

6:00 p.m., Dinner

 

Trappers Chophouse
(inside Holiday Inn)
19308 E. Cottonwood Dr., Parker, 80138

CLICK HERE for a full list of meetings or to register to attend!

Legislator Meeting

Senator Mark Scheffel

 

Monday, October 19, 2009                

7:30 a.m., Breakfast

Le Peep, 4765 Front Street,
Castle Rock, 80104

CLICK HERE for a full list of meetings or to register to attend!

Legislator Meeting

Representative Lois Court

 

Monday, October 19, 2009                

9:30 a.m., Coffee

 

Starbucks inside Barnes & Noble, 960 S. Colorado Blvd, Glendale, 80246

CLICK HERE for a full list of meetings or to register to attend!

Legislator Meeting

Representative Daniel Kagan

Monday, October 19, 2009                

12:30 p.m., Lunch

Pete’s University Café, 2345 East Evans Avenue, 80210

CLICK HERE for a full list of meetings or to register to attend!

Legislator Meeting

Senate President Brandon Shaffer
*Key Meeting*

Monday, October 19, 2009                

6:00 p.m., Dinner

TBD

CLICK HERE for a full list of meetings or to register to attend!!

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


LEGISLATIVE POLICY COMMITTEE CO-CHAIRS ANNOUNCED

Ben Faricy, The Faricy Boys and Todd Bondy, Murray Motors have agreed to serve as co-chairs of the CADA Legislative Policy Committee.  Todd will serve as the LPC board liaison while Ben will serve as chair of the LPC meetings. 

They will together replace Matt Tynan and Don Hicks who have both served as LPC co-chairs for the past two years.  Both Don and Matt plan to remain involved with the LPC and provide their continued support.

CADA will host a LPC Victory Recognition Dinner on Thursday, October 1st at Root Down Restaurant, 1600 W. 33rd Ave, Denver, 80211 (corner of 33rd and Osage).  The transition of leadership will occur at that dinner.

The LPC has had a big impact for CADA and our member dealers over the past few years.  Keep in mind that the committee was organized less than four years ago, meeting for the first time in December, 2005.  Since then we have passed (enacted) or defeated the following legislation:

·         Strengthened dealer franchise protections through legislation

·         Led the Sunset review process restoring the Motor Vehicle Dealer Board

·         Strengthened lien perfection protections for dealers

·         Staved off attempts to eliminate/repeal the ban on Sunday sales of motor vehicles

·         Fostered greater ties between dealers and state/federal legislators through more           than 100 legislative grassroots meetings

If you plan to attend the recognition dinner on Thursday, October 1st please let Lauren know by email at lauren.stadler@coloradodealers.org

* * * * * * * *

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

  • Automakers back texting ban
    The Detroit News, September 24
    Major automakers on Wednesday endorsed a ban on texting and use of hand-held mobile phones while driving, ahead of a Transportation Department summit next week on distracted driving.
  • Lexus HS 250h breaks hybrid mold
    The Detroit News, September 24
    HS 250h does luxury efficiently, but without feel-good styling of the Prius
  • Pre-owned vehicles help luxury dealers lure buyers
    The Detroit News, September 24
    Automakers boost showroom traffic during recession by promoting used models as way to save money
  • Sneak peek: Infiniti M
    The Detroit News, September 24
    Launching in spring of 2010, the new M will be powered by a 3.7-liter V-6 or 5.6-liter V-8, good for more than 400 horsepower.
  • Get the grime off your car in just 10 minutes
    The Detroit News, September 24
    In just 10 minutes you can lose the grime and gain the shine.

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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