NOVEMBER 10, 2009


IN THIS ISSUE

DEALER NEWS & INFORMATION

Automotive News at a Glance

 

REGULATORY & LEGAL UPDATES

Bankruptcy / Lien Perfection Timing Re-Cap

 

LEGISLATIVE UPDATE

TONIGHT: CADA To Host Fundraiser For Rep. Max Tyler (D-Golden)

Penry Intends to Leave Governor's Race

Gov. Ritter's FY09-10 Transportation Budget Up 6%

Senate Dems Announce Committee Appointments For 2010 Session

Be A Part of CADA's Grassroots Efforts!

Please Save the Date For These Future Fundraisers at CADA!

 

UPCOMING SEMINARS

Upcoming Seminars

Dealer Rights and Protections Seminar

Dealer Management System (DMS) Training

Dealer and Controller Seminar: IRS/Federal Tax Issues


CALENDAR OF EVENTS
Upcoming Events

Colorado Legislator Meetings

CADA Regional Member Briefings

Denver MDADA Annual Membership Meeting/CADA Regional Meetin

NADA Convention and Exposition

Denver Auto Show

CADA 2010 Annual Golf Tournament


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

Ruth Bevan 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.

  • Car Sales Down But Outlook Optimistic
    The Denver Channel, November 5
    Car sales numbers were down again in the third quarter in Colorado, according to a report released by the Colorado Automobile Dealers Association.
  • Chrysler Admits Faults, Unveils New Plan
    AOL Autos, November 4
    New Products Coming, But Viper And Others Gone
  • Chrysler focused on boosting quality
    The Detroit News, November 5
    Awareness of issues led to consolidated plan and revised evaluation process, exec says
  • Toyota returns to the black in second quarter
    The Detroit News, November 5
    Toyota Motor Corp. returned to profit in the second quarter, winding up a better-than-expected earnings season for Japan's leading automakers.
  • Six new electric car start-ups
    CNN Money, November 8

    Each of these carmakers is gearing up to be the next big thing in electric automobiles. Here is how they're charting success.
  • What automakers have in store for 2010
    MSNBC.com, November 7
    Despite the slow economy and even slower auto sales, a wide range of new cars is waiting on the other side of 2009.
  • Trouble ahead for Democrats
    The Washington Post, November 5
    A year after Barack Obama's election stirred broad hopes for change among American voters, persistent high unemployment and the spectacle of continued gridlock in Washington threaten Democratic dominance of the political landscape.
  • Galveston insurance company sues auto dealer over terminated policies
    The Southeast Texas Record, November 4
    Two insurance companies, including Galveston-based American National Insurance Co., have filed suit against the San Antonio-based Red McCombs automotive family in an effort to retrieve reimbursements for numerous clients who terminated their policies early.
  • Plan to end auto task force draws doubts
    The Detroit News, November 3
    The Government Accountability Office raised concerns Monday about the Obama administration's plan to disband the White House auto team and shift oversight to another Treasury office.
  • Penry intends to leave governor's race
    The Denver Post, November 9
    State Sen. Josh Penry intends to drop out of the race for governor.
  • USA Today, Open Road
  • …more news articles are included at the end of this issue.


BANKRUPTCY / LIEN PERFECTION TIMING RE-CAP

As a re-cap, in Colorado, dealers have thirty days from the date a consumer takes possession of a motor vehicle to perfect the lien.  In down economic times like the present, bankruptcies are likely to continue to remain high.  The Colorado lien perfection timing statute has been changed a few times over the past four years, but as of now the following applies:

  • The lien perfection timing becomes important in situations where a consumer files bankruptcy within ninety days of purchasing a motor vehicle (a “preferential transfer” window under federal bankruptcy law)
  • The dealership has thirty days from the date the consumer takes possession of the motor vehicle to perfect the lien in order to obtain the protection of a federal “safe harbor” statute
  • The date of lien perfection is the “date received” in the county office (subject to a few key items being present like the appropriate filing fees, appropriate identification of the car, etc.)
    • Dealership simply needs to have some proof of this ‘date received’; either a date-received stamp on the paperwork, certified mail receipt, or other receipt/listing of deals delivered)

The legislation that was passed in the last Colorado legislative session (SB09-150) did not change these basic timing requirements, but simply plugged a loophole that had existed.  Under that loophole, if the consumer filed bankruptcy before the lien was perfected by the dealership, the interplay of various statutes that dictate the priority of various types of creditors and filings resulted in the dealership (secured creditor) losing. 

CLICK HERE for a re-cap of changes to these statutes.   

* * * * * * * *

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


aa

TONIGHT: CADA TO HOST FUNDRAISER FOR REP. MAX TYLER (D-GOLDEN)

Rep. Tyler was sworn in to the Colorado House of Representatives on June 4, 2009 to fill the vacancy in House District 23 created by the retirement of Representative Gwen Green.  HD-23 includes Golden, Applewood and parts of Lakewood. 

Max has been appointed to serve on the Health & Human Services and Transportation & Energy committees.

Rep. Tyler has already committed to sponsor legislation during the 2010 Session to assist dealers with sales tax discrepancies related to inaccurate state databases and the bouncing of title and registration back to dealers due to these inaccuracies.  He has committed to be a voice of the dealer body at the Colorado Capitol.

Please come out to support Rep. Tyler tonight! 

Please Join
Melissa Kuipers, Mike Feeley, and The Capstone Group
at a reception in honor of
Representative Max Tyler
Tuesday, November 10, 2009
5:30-7:00pm
Colorado Automobile Dealers Association
290 East Speer Blvd., Denver, CO  80203
Suggested contributions: Co-Host - $75, Attendees: $25

PENRY INTENDS TO LEAVE GOVERNOR'S RACE
The Denver Post, November 9

State Sen. Josh Penry intends to drop out of the race for governor.

"It is more important for Josh that the Republicans win the governor's race than that he win the race," said former state Rep. Rob Witwer, a Penry supporter.

CLICK HERE to read the entire article.

* * * * * * * *

GOV. RITTER'S FY10-11 TRANSPORTATION BUDGET UP 6%

On November 2, Gov. Bill Ritter submitted a $1.03 billion Fiscal Year 2010-11 transportation budget proposal to the legislature's Joint Budget Committee, a 6 percent increase from this year's $973.5 million.

Colorado's new FASTER law is fueling the much-needed increase, generating an estimated $160.6 million for the state's FY10-11 budget for bridge and roadway repair and safety work. An additional $61.1 million will go directly to local agencies from FASTER. Sponsored by Sen. Dan Gibbs and Rep. Joe Rice, FASTER (Funding Advancements for Surface Transportation and Economic Recovery) also will save and create thousands of jobs statewide.

"As we all know, federal and state transportation revenue has been declining for years, while at the same time transportation demands and construction costs have been increasing," Gov. Ritter said. "Our system of bridges, highways and roadways is rapidly deteriorating and becoming a greater and greater safety concern.

"But we lack sufficient revenue to maintain the system we’ve got. And we certainly don't have anywhere near enough to create the modern, 21st century system we need because Colorado has not established secure, reliable or sustainable new funding for transportation in almost two decades.

"Thanks to FASTER, we're going to stop the rapid deterioration of our transportation system and create a framework that leads to a modern transportation system that's good for our communities, our economy and our citizens. This is first and foremost about public safety -- about moving Colorado forward and ensuring our bridges and roads are safe for the people who live, work and travel in Colorado."

CLICK HERE to continue reading.

* * * * * * * *

SENATE DEMS ANNOUNCE COMMITTEE APPOINTMENTS FOR 2010 SESSION

On October 28th, the Senate Democrats announced the committee
assignments for the next legislative session.

CLICK HERE for details.

* * * * * * * *

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!

* * * * * * * *

PLEASE SAVE THE DATE FOR THESE FUTURE FUNDRAISERS AT CADA!

Tuesday, November 17th, Rep. Dickey Lee Hullinghorst (D-Boulder) (5:30 -
7:00)

Wednesday, December 8th, Rep. Joe Rice (D-Littleton) (5:00 – 7:00 p.m.)

Thursday, December 10th, Scott McGinnis, running for Governor

* * * * * * * *

Questions or Comments?  Please contact:


a

DEALER RIGHTS AND PROTECTIONS SEMINAR: KNOW YOUR RIGHTS; RECOGNIZE YOUR OBLIGATIONS!

"I received  information that will help me save the dealership thousands of dollars now and in the future" 

   --Tom Ondrako, Comptroller, New Country Auto Center

* * * NOT TOO LATE TO REGISTER!! * * *
Final Sessions Tomorow and Thursday!

Presented by William E. Walters, Kelly Garnsey Hubbell + Lass, LLC

~ IN SEVEN CITIES ACROSS COLORADO! ~

CADA spearheaded and passed significant new franchise law protections for dealers in 2009: 

  • Dealership Rights: make sure you understand these new rights in order to fully assert them—and to ensure you are not signing them away without recourse!
    • Colorado Motor Vehicle Dealer Act (“Franchise Law”) – NEW protections:
      • Limits the look-back period for warranty and sales incentive audits; prevents unreasonably short time periods to submit claims
      • Exclusivity mandates prohibited; dealer notice requirements
      • Pricing variance limitations
      • Site control / facility upgrade mandate restrictions; facilities assistance
      • Manufacturer requirements/duties for market withdrawal or termination; inventory repurchase requirements
      • Buy/sell, transfer/relocation, or change of management – approval requirements
    • Re-cap of existing protections, and manufacturer relations generally
    • Lessons learned in GM/Chrysler bankruptcies

  • Dealer Obligations: Keep your dealership out of the cross-hairs of regulators, lawyers, and consumers!
    • State regulatory requirements and dealer investigations
    • Risks and penalties of various violations and/or lawsuits

CLICK HERE for a registration form and more information!

* * * * * * * *

REYNOLDS & REYNOLDS: DMS SYSTEM TRAINING

You spend a small fortune on your Dealer Management System– make sure you are getting the most you can from it!

Presented by Ellie Dilbeck (Ranes), former R&R employee.

DENVER
Tuesday, Nov. 17th, 2009
8:00am to 12:00pm (noon)
Breakfast included


William D. Barrow Building (CADA Headquarters)
290 E. Speer Blvd (SW Corner of Grant/Speer), Denver, CO
Phone: 303.831.1722

This training will provide training on key areas of the R&R DMS
system that many dealerships overlook, may not fully utilize, or may just benefit from more training
on how to use effectively. Tentative topics to be addressed include*:

  • Custom reports: understanding how to create custom reports utilizing Report Generator/QueryBuilder
  • Custom docs/custom financial statements – how to view in Excel to analyze financials & trending
  • How to combine names and clean up duplicate names in your database to market more effectively
  • How to use/implement the new “We Owe” enhancements (utilizing technology for communication between
    sales and service as to what is “owed” or “due” on the vehicle) streamline this process to improve CSI and prevent cost of sales mistakes
  • Modifying op-codes to auto-map to certain G/L accts (i.e. tracking quick lube dept, detail shop, extended
    warranties, etc.)

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

Dealer Rights and Protections Seminar
Know Your Rights; Recognize Your Obligations!

Presented by William E. Walters, Kelly Garnsey Hubbell + Lass, LLC

Presented in Seven Cities Across Colorado!

Click here for registration and more information!

Reynolds & Reynolds:Dealer Management System (DMS) Training

Presented by: Ellie Dilbeck (Ranes), former R&R employee

Tuesday, Nov. 17th, 2009

8:00am to Noon
Breakfast included

William D. Barrow Building
(CADA Headquarters)
290 E. Speer Blvd
(SW Corner of Grant/Speer), Denver, CO
Phone: 303.831.1722

Click here for registration and information!

Dealer and Controller Seminar:
IRS/Federal Tax Issues

By Stephen P. Bedell, Crowe Horwath LLP

Tuesday, Dec. 8th

8:00am to 10:00am
Breakfast included

Click here to register online!

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


Event Description
Date/Time
Location

Legislator Meeting

Representative BJ Nikkel

Monday, November 16, 2009

8:00 a.m., Breakfast

Schmidt’s Bakery, 808 14th Street SW, Loveland, 80537

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

Legislator Meeting

Representative Brian Delgrosso

Monday, November 16, 2009           

10:30 a.m., Coffee

Dazbog Coffee, 556 N. Lincoln Avenue, Loveland 80537

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

Legislator Meeting

Senator Kevin Lundberg

Monday, November 16, 2009

2:00 p.m., Coffee

Dazbog Coffee, 556 N. Lincoln Avenue, Loveland, 80537

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

Legislator Meeting

*Fundraiser*

Representative Joyce Foster

Thursday, November 19, 2009

12:00 p.m., Lunch

Tavern Lower, 7401 E. 1st Avenue, Denver, 80230

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

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 30, 2010

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

12:00 Noon – Shotgun Start

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


RUTH BEVAN PASSES AWAY

After a long illness, Ruth Bevan, 83, of Center, Colo. passed away Nov. 3, 2009 at Juniper Village in Monte Vista. The fourth daughter and seventh child of Walter and Hattie Felix, Ruth was born at home in Longmont, Colo. on March 26, 1926. [Or March 27, the date she celebrated her birthday until she requested a copy of her birth certificate as an adult, and discovered the doctor said she was born on the 26th.] The family relocated to a farm north of Center when Ruth was 15 years old, and she completed her schooling in Center schools, graduating in 1944.

CLICK HERE to continue reading.

* * * * * * * *

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

  • Fresh approach excites UAW; dealers cautious
    The Detroit News, November 5
    Throughout Metro Detroit and across the nation, workers, politicians and dealers waited and watched Wednesday as Chrysler made its pitch to turn the company around with new products and a fresh approach to manufacturing and marketing.
  • 'Clunker' data show pickup-for-pickup trades
    The Detroit News, November 5
    Billed as a way for the government to put more fuel-efficient vehicles on highways, the popular $3 billion "cash for clunkers" program mostly involved swaps of old Ford or Chevrolet pickups for new ones that got only marginally better gas mileage, according to an analysis of new federal data by The Associated Press.
  • Ford to put air bags into back seat belts
    The Detroit News, November 5
    Air bags have long been mounted in the steering wheel, dashboard and sides of vehicles. Now, they're in the seat belts.
  • GM: Some temporary layoffs could become permanent
    The Detroit News, November 5
    General Motors Co. still has too many hourly workers and could slash some of the 6,000 to 7,000 workers currently on layoff.
  • GM's Henderson: No more plans for buyouts
    Detroit Free Press, November 5
    General Motors isn’t planning on another big round of buyouts to meet 2009 U.S. hourly headcount reduction goals, CEO Fritz Henderson indicated today.
  • Marchionne unveils grand ambitions
    Detroit Free Press, November 5
    Sergio Marchionne, the would-be savior of Chrysler Group, emerged from a five-month corporate blackout Wednesday with a wildly ambitious plan to double car sales and pay off all of Chrysler's loans to the U.S. and Canadian governments by 2014.
  • Toyota returns to profit as stimulus boosts sales
    Detroit Free Press, November 5
    Toyota Motor Corp. said today it returned to a profit in the latest quarter and trimmed its projected red ink for the year, underlining the gradual recovery under way for Japan's giant automakers.
  • Chrysler must get buyers to hang on
    Detroit Free Press, November 5
    After eight hours of presentations Wednesday about Chrysler's future, the biggest question remained unanswered: How does the automaker get from here to there?

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