DECEMBER 17, 2008


IN THIS ISSUE

DEALER NEWS & INFORMATION

Automotive News at a Glance

 

REGULATORY & LEGAL UPDATES

January 1st, 2009 Sales and Use Tax Changes

Notice Regarding Fraudulent "Annual Minutes" Desclosure Statements

 

UPCOMING SEMINARS

Employment Law Seminar: FMLA and ADA Acts - New Federal Regulations!!

Red Flags Rule Compliance Seminar


CALENDAR OF EVENTS
Upcoming Events

Annual Colorado Dealers Legal Counsel Lunch and Issues Briefing

NADA Convention and Exposition

Denver International Auto Show

CADA Annual Member Golf Event


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

An Upbeat Attitude That Lifed A Community

Missing Pillar

NADA 2009 Convention and Exposition

Share Your Accomplishments


ARCHIVES

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e-newsletter archives.

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& Legal Articles
from the Open
Road e-newsletter.

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CLICK HERE for Colorado Auto
Outlook
archives.

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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.




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Endorsed Vendors/Programs
.

 

 


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Don't forget to check out our MILESTONES section!


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.

  • Bailout dead, automakers in search of a lifeline
    9 News, December 12
    Their efforts in Congress squashed, U.S. automakers are depending upon a reluctant White House to quickly provide a multibillion lifeline to help them avoid imminent collapse.
  • Rescue collapses as Senate rejects aid for auto industry
    The Detroit News, December 12
    Worker givebacks a sticking point; Congress 'unlikely' to reopen talks this year
  • GM rethinks Daytona sponsorship
    The Detroit News, December 12
    Automaker unsure if it will maintain sponsorships for NASCAR and several race tracks.
  • Options narrow for GM, Chrysler
    The Detroit News, December 12
    With the failed Senate vote, bankruptcy now possible outcome for automakers.
  • Senators to UAW: It's payback time
    The Detroit News, December 12
    They failed repeatedly to organize the foreign-owned auto plants proliferating down South, even now.
  • Against Yen, Dollar Touches 13-Year Low
    The Wall Street Journal, December 13
    The dollar recovered somewhat from a 13-year low hit Friday against the yen, but still was mostly weaker as investors pondered the fate of the U.S. auto industry.
  • With Auto Bailout Failed, Another Hit for Markets
    The Wall Street Journal, December 12
    Whatever hopes the market held that the Senate would be able to cobble together a last-ditch package for the auto industry vanished when the bill collapsed after Thursday’s close, and markets felt the pain overnight and into the morning.
  • Michigan families spending less as auto industry teeters
    Detroit Free Press, December 12
    Michigan's landscape is jammed with families saying, "Not now, not yet" each day to all sorts of purchases, big and small.
  • UAW to pay Chrysler worker $300,000
    Detroit Free Press, December 12
    Court says she wasn't protected from sexual harassment at plant
  • Jobless benefits claims, trade deficit rise
    Detroit Free Press, December 12
    New claims for jobless benefits rose more than expected last week, exceeding even gloomy expectations for an economy stuck in a recession that seems to be deepening.
  • Auto Bailout Collapses on Wages
    BusinessWeek, December 12
    Senate Republicans refuse $14 billion in aid after UAW's Gettelfinger balks at fast wage cuts. GM, Chrysler hire bankruptcy advisors.
  • Editorial: Senate should give auto industry shot at recovery
    The Detroit News, December 11
    Approval of an auto industry loan package will not save the domestic automakers, but it will give the Detroit Three a chance to save themselves.
  • Detroit automakers face outdated perceptions, foreign influence in Senate
    The Detroit News, December 11
    Detroit's struggling automakers are in no position to balk at the bailout bill finally making its way through Congress, but it offers them far less than what they'd hoped to get when they appealed to Washington for a financial lifeline.
  • Crisis could end up a plus for Ford
    The Detroit News, December 11
    The New York Post last week graced its smackdown of Detroit's automakers with a picture of the Three Stooges standing around a collapsed jalopy. It didn't bother to say which stooge represented which company, but I will -- Ford Motor Co. is Moe, arguably the sharpest of the bunch.
  • House OKs bailout, but it faces stiff GOP opposition in Senate
    The Detroit News, December 11
    The U.S. House approved a $14 billion auto bailout late Wednesday, but the bill's ultimate fate remained in serious doubt as the White House and Democrats struggled to win enough Republican support in the Senate.
  • Sweden unveils $3.4 billion support plan for auto sector
    The Detroit News, December 11
    The Swedish government presented a 28 billion kronor ($3.4 billion) support package Thursday to help the nation's ailing auto industry.
  • Automakers, UAW in talks with key senator; compromise sought
    The Detroit Free Press, December 11
    Lawmakers and auto industry executives were trying to craft a compromise $14-billion rescue for General Motors Corp. and Chrysler LLC this afternoon, but it was unclear whether the gulf among the sides could be bridged by any deal.
  • Breaking up Chrysler is best, some say
    The Detroit News, December 11
    Automotive consulting firm CSM Worldwide said Wednesday it's unlikely that Chrysler will be acquired as a complete company and doubts that it can survive on its own -- leaving a sale of Chrysler's individual brands, such as Jeep, as the only remaining option.
  • Honda rethinks diesels for U.S.
    The Detroit Free Press, December 11
    Honda Motor is reconsidering its decision to launching diesel-power vehicles next year in the United States, where diesel fuel has become much more expensive than gasoline.
  • Let's Cut Cap-Gains Taxes on Auto Investments
    The Wall Street Journal, December 10
    The din of clattering metal echoes through the halls of our capital: panhandlers! Erstwhile captains of the automobile industry, having foregone their Learjets, now don the tattered rags of beggars as they seek congressional approval for a $34 billion bailout of the Big Three automobile companies.
  • Retail Sales Notch Biggest Drop in 39 Years
    The Wall Street Journal, December 5
    U.S. retailers reported their worst same-store sales declines since at least 1969 for November as the only thing that appeared to work well was heavy discounting.
  • Car Makers Take Case to the Web
    The Wall Street Journal, December 5
    Auto makers are a Web-savvy bunch, known for using sophisticated digital-marketing techniques to promote their vehicles.
  • Auto Dealers, Late to the Game, Rally for Big Three Rescue
    The Wall Street Journal, December 4
    At a Chrysler dealership here Wednesday, dealers rallying in support of a government bailout for Detroit's Big Three grew emotional over the threat to "our way of life," as one put it.
  • Automakers have 5 crucial issues to address to get bailout
    USA Today, December 2
    When the Detroit automakers lay out their plans for Congress this week to argue for taxpayer money, they'll likely spell out what they've already told shareholders: They plan to cut production (maybe even brands), make high-mileage cars and slash costs.
  • Sunday liquor no boon
    Rocky Mountain News, December 1
    Sale of liquor on Sundays in Colorado has boosted convenience for customers, but retailers say they're not seeing the promised hike in revenues.
  • 'There isn't a plan B'
    Rocky Mountain News, December 3
    Humbled and fighting for survival, Detroit's once-mighty automakers appealed to Congress with a retooled case for a bailout as large as $34 billion Tuesday, pledging to slash workers, car lines and executive pay in return for a federal lifeline.
  • Oil, gas commission to hire 14 employees
    Rocky Mountain News, December 6
    The state oil and gas commission will hire 14 employees to help implement new rules for drilling after Gov. Bill Ritter exempted the regulatory agency from the current hiring freeze.

    * * * * * * * *



JANUARY 1ST, 2009 SALES AND USE TAX CHANGES

The Department of Revenue, Division of Taxation has posted the summary of sales/use tax changes effective January 1, 2009.  There are many changes and new taxes; dealership title personnel and controllers should review the full listing closely:

January 1, 2009 Sales/Use Tax changes

Note that two cities have elected to become self-collecting and will no longer be state-collected:

  • Centennial   
  • Tinmath

As a reminder, dealerships should be utilizing one of the certified, third party tax databases.  While these databases should be updated with the changes highlighted above, dealership title personnel may want to double check deals in these areas on or after January 1st. 

Visit also the prior Open Road articles for additional information on the third party tax databases that provide rate lookups by address.

April 2, 2008         GROUP1 TAX LOCATOR DATABASE GUIDANCE

March 26, 2008    USE A STATE‐CERTIFIED TAX DATABASE FOR SALES TAX INFORMATION

* * * * * * *

NOTICE REGARDING FRAUDULENT "ANNUAL MINUTES" DISCLOSURE STATEMENTS

A CADA member provided notice of the attached deceptive/misleading solicitations designed to look like it is a legal reporting requirement:

CO Secretary of State Notice:

The Colorado Secretary of State's office has recently become aware that entities by the names "Colorado Corporate Compliance" and "Board of Business Compliance" have mailed solicitations titled "Annual Minutes Disclosure Statement" or "Disclosure Statement" to many Colorado businesses. These solicitations offer to process corporate meeting minutes on behalf of the corporation for a fee. Despite the implications contained in the solicitations, Colorado corporations are not required by law to file corporate minutes with the Colorado Secretary of State's Office. Although the solicitations contain disclaimers stating that "this offer is not being made by an agency of the government", many constituents may misinterpret the official-looking documents to be from the Colorado Secretary of State's Office.

The forms provided by these entities are not required by the Colorado Secretary of State's Office. Whether you choose to do business with Colorado Corporate Compliance or Board of Business Compliance will in no way affect your filing or status with the Secretary of State’s office.

Generally, you may check the status of any business online at www.sos.state.co.us, and select "Search Business Database”.

If you receive a notice that refers to "Annual Minutes Disclosure Statement" or "Disclosure Statement", please contact the Business Division immediately by e-mailing us at: business@sos.state.co.us or you may call 303-894-2200 and select option 2. The Business Division may request a copy of the notice, which can be faxed to 303-869-4864. Please keep the original notice, mailing envelope and return envelope for your records.

Example of a Colorado Corporate Compliance solicitation.

Example of a Board of Business Compliance solicitation

Thank you for your cooperation. The Business Division SOS

* * * * * * *

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.


EMPLOYMENT LAW SEMINAR: FMLA AND ADA ACTS - NEW FEDERAL REGULATIONS!!

Presented by Todd Fredrickson, top Denver employment attorney

Tuesday, Jaunary 6, 2009 (Denver)
Wednesday, January 7, 2009 (Colorado Springs)

Next month, the federal government will saddle employers with new laws, regulations and obligations under the Americans with Disabilities Act (ADA) and Family Medical Leave Act (FMLA).  Workplace law experts expect these new laws will generate an increase in lawsuits against employers—especially in the current economic downturn as downsizing is occurring.   

  • The U.S. Dept. of Labor announced new FMLA regulations last month, the first significant changes to the regulations since 1995.  Changes are effective January 16, 2008 – key changes include:
    • Implements two new forms of military family leave created earlier this year
    • Expands employer's notice requirements to include a general notice about the FMLA; an eligibility notice; a rights and responsibilities notice; and a designation notice.
    • Defines serious health condition
    • Changes to medical certification process, fitness for duty evaluations, substitution of paid leave
  • The ADA Amendments Act will require almost all human resource professionals, managers, and business owners to adopt new policies and procedures in dealing with accommodation requests, as well as greatly impact employment litigation claims.  
    • Overview of what has changed and how to comply; what is “disabled”
    • What this means to employers and who will be affected
    • The risks and penalties of non-compliance; effective date is  Jan. 1, 2009
A CLICK HERE for more information
on this
training session.

* * * * * * *

RED FLAGS RULE COMPLIANCE SEMINAR

PLUS: Privacy/Safeguard Recap and Overview of Frequently aOverlooked Federal Compliance Obligations

Friday, Jaunary 9, 2008

By Paul Metrey, NADA’s Director of Regulatory Affairs
Make sure you completely understand the new Red Flags compliance obligations:

  • Create and implement a written ID Theft Protection Program with procedures designed to detect and respond to “red flags” indicating potential identity theft.
  • Periodically review and update the written program to reflect changing risks.
  • Train responsible staff members and oversee service providers (i.e., third party vendors).
  • Senior management or owner(s) must approve the program and review/monitor annual reports.

***Opportunity to ask questions, and delve into specific aspects of implementation***

Paul D. Metrey, Esq. is the Director of Regulatory Affairs in the Legal and Regulatory Group of the National Automobile Dealers Association (NADA). He represents dealer interests before, and educates dealers on, regulations promulgated by several federal agencies including the Federal Reserve Board, FTC, FCC, Department of the Treasury, and IRS. He reports on regulatory developments and has authored several NADA publications and frequently speaks to dealers, dealership compliance professionals, and other industry groups on regulatory topics, including recent developments in privacy, ID theft, telemarketing, consumer financing, and tax.

CLICK HERE to register online!

A CLICK HERE for more information
on this
training session.
TO REGISTER ONLINE FOR ANY CADA
SEMINAR OR EVENT, PLEASE VISIT:

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

Family Medical Leave Act & American with Disabilities Act (ADA) Regulatory Updates:

FMLA—new rules are effective January 16, 2009

By Todd Fredrickson, Fisher & Phillips LLP

www.laborlawyers.com

Tuesday, January 6   Denver, 7:30 – 10am  Breakfast Included

Wednesday, Jan 7 – Colorado Springs, Noon-2:30pm Lunch

William D. Barrow Building 290 East Speer Blvd, Denver, 80203 Phone: 303.831.1722

Antlers Hilton Hotel
4 South Cascade Avenue   Colorado Springs, 80903 Phone: 719l955.5600

For more information Click Here

Red Flags Rule Compliance Seminar
Plus: Privacy/Safeguards Recap and Overview of Frequently Overlooked Federal Compliance Obligations

Denver

By Paul Metrey, NADA Regulatory Affairs

Friday, January 9, 2009,

7:30am

Breakfast meeting

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

For more information Click Here

REGISTER ONLINE!



Event Description
Date/Time
Location

Annual Colorado Dealers Legal Counsel Lunch and Issues Briefing

This is for attorneys working with dealers and dealer principals.

Friday, January 9, 2009

11:30-1:30

Lunch

Briefing / update on upcoming legislative session, compliance and regulatory matters, and Red Flags/Safeguards overview from Paul Metrey, NADA Regulatory Affairs

Baur’s Restaurant
www.baursdenver.com
1512 Curtis Street , Denver, CO 80202

CLICK HERE to register online!
CLICK HERE for more information!

NADA Convention & Exposition

Jan. 24-27, 2009

New Orleans Morial Convention Center
New Orleans, LA

CLICK HERE for more information from the official website.

Denver International Auto Show

Wednesday, April 1, 2009

thru  

Sunday, April 5, 2009

Colorado Convention Center

700 14th Street Denver 80202

 

CADA Annual Member Golf Event

Monday, August 24, 2009

12:00 Noon Shotgun Start

Glenmoor Country Club
110 Glenmoor Drive
Cherry Hills Village, 80113
303.781.3000

www.glenmoorcc.org


AN UPBEAT ATTITUDE THAT LIFTED A COMMUNITY

She was the unofficial hostess of the community, the ambassador of smiles and a bona fide beauty queen.

Madonna Jackson, 77, died Sunday at her beloved nursing home in Hamilton, Mo., where she put together the weekly newsletter and made everyone feel a little bit better.

“I think that Madonna had a mission in life,” said Mary Perry, the administrator at Hillcrest Manor Nursing home. “She would help wherever she was needed no matter what it was.”

Perhaps it was the polio she survived as a teenager that somehow shaped her attitude, which was upbeat and held no place for complaints.

To Contine Reading CLICK HERE!

* * * * * * * *

MISSING PILLAR
John Roberts - former owner of John Roberts Motorworks, Gunnison - local philanthropist, all-around community leader packs bags for Grand Junction
Michelle Burkhart

When Gunnisonites are asked to describe John Roberts, who is leaving town after 20 years, they can’t help but wax poetic with words like these.  And while it may sound like it, this 72-year-old man is not a pastor or spiritual guru – he’s actually a car salesman, who’s spent a good portion of his life changing who's spent a good portion of his life changing Gunnison for the better.  

"It's almost an oxymoron to talk about a used car dealer and integrity, but if there's any one quality that John Roberts exemplifies its integrity," said Dr. John Tarr, who knows Roberts through various capacities around town.

Now, after two decades of Roberts helping people in a pinch and going out of his way to respond to just about any local need, Roberts and his wife, Lois, are moving to Grand Junction to be closer to family.

CLICK HERE to continue reading.

* * * * * * * *

NADA 2009 CONVENTION AND EXPOSITION

aNew Orleans is now the eighth fastest growing metropolitan area in the United States, according to the U.S. Census Bureau. To show support for the rebirth of New Orleans, NADA is headed back to the Big Easy to hold its 92nd annual convention and exposition there Jan. 24-27, 2009.

“The theme for our New Orleans convention is 'Voice of the Dealer® ... Committed to Community.' What better way to show that commitment than for us to be there in full strength at one of NADA's favorite convention cities," said Annette Sykora, 2008 NADA Chairman. NADA has held its convention in New Orleans every few years for the past 30 years.

For more information, visit the following websites:
http://www.nada.org/TrainingEvents/Convention/
http://expo.nada.org/nada2009/public/enter.aspx

CLICK HERE to register!

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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.

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