April 11, 2007
Volume #1, Issue #15

  DEALER NEWS
     - Auto Dealer Monthly Scholarship
     - Save the Date: Member Golf Event
     - Attack on 'Loser Pays'
     - 
Rocky Mountain News Column
       Criticizing Supreme Court's Recent
       EPA Decision

     - Denver Post Column Supporting
 
      Supreme Court's Recent EPA
       Decision


  LEGISLATIVE STATUS REPORTS
     - Update on Sunset Review

  REGULATORY & LEGAL UPDATES
    - D&H Fees: If Charged, Must be
      Charged on All Cash & Financed       Deals in the Same Amount
    - IDS Computer System & Tax

      Jurisdiction Lookup Resources
    - 
DR 2175 - Non-Secure Power of
      Attorney has been Revised
    - Revised All-in-One Employment
      Poster Orders Now Being Taken

  UPCOMING SEMINARS
    - Privacy, Safeguards & Compliance
      Hot Topics
    - Creating a Super Controller
    - Other Seminars

  CALENDAR OF EVENTS
    - 
Upcoming Events

  DEALER MILESTONES,
     HIGHLIGHTS & TRANSITIONS

    - Nine Colorado Dealers in Top
      National
Sales List


    Click here for Open Road archives.



 www.nada.org
 


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Reminder: Safeguards, Privacy, and Compliance Hot Topics by Rob Cohen is fast approaching, click here to register…


AUTO DEALER MONTHLY SCHOLARSHIP

Are you the parent, grandparent, uncle, or aunt of a high school senior? Is the soon-to-be graduate headed off to college next year? If so, he or she may be eligible for a $1,000 Auto Dealer Monthly Scholarship. To apply students should submit an application, high school transcript, letters of recommendation, and a copy of their college acceptance letter. Students must also possess an excellent high school record of academic achievement, while demonstrating the ability to manage community involvement or extra curricular activities. The deadline to apply is June 30, 2007.

  CLICK HERE for full details..
 
CLICK HERE for a copy of the application.

* * * * * * *

SAVE THE DATE: MEMBER GOLF EVENT

Monday, August 27, 2007

Mark your calendar for this year’s CADA Member Golf Event at Valley Country Club. It promises to be an incredible golf and networking experience at one of the oldest clubs in the area, which is now one of the newest! For more than 50 years, Valley Country Club has been dedicated to excellence in golf, dining, social, and recreational activities. The Club has recently renovated the clubhouse and invites you to come and experience the warm hospitality and gracious service in a unique setting.
CLICK HERE for more details on Valley Country Club.

* * * * * * *

ATTACK ON ' LOSER PAYS'

"Ritter should veto bill pushed by plaintiffs bar," Rocky Mountain News, April 2, 2007:

We generally like the principle of "loser pays" in lawsuits. If it could be extended to more types of cases, it might discourage frivolous litigation and thus reduce the backlog in the courts as well as save many people from needless legal expenses.

CLICK HERE to read the entire article.

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ROCKY MOUNTAIN NEWS COLUMN CRITICIZING THE SUPREME COURT'S RECENT EPA DECISION

 "A Persuasive Dissent," by Vincent Carroll, Rocky Mountain News, April 4, 2007:

Some of the most important, contentious debates of the 21st century will involve setting policy on global climate change. We could do little as a society or we could do lots. At the aggressive end of the spectrum, we could make driving very expensive or even phase out the internal combustion engine by government fiat.

 

It would be nice if such decisions were reached democratically, through elected leaders in Congress and the White House. That in part is what Chief Justice John Roberts was getting at Monday in his dissent from the Supreme Court's 5-4 decision prodding the Environmental Protection Agency to get moving on regulating greenhouse gases.

 

"Global warming may be a 'crisis,' " Roberts wrote, "even 'the most pressing environmental problem of our time.' Indeed, it may ultimately affect nearly everyone on the planet in some potentially adverse way, and it may be that governments have done too little to address it. It is not a problem, however, that escaped the attention of policy-makers in the executive and legislative branches of our government, who continue to consider regulatory, legislative and treaty-based means of addressing global climate change."

 

Because Roberts' faction failed to carry the day, we may be in for a court-driven regulatory answer to global warming as opposed to a democratic-driven response. True, the court did not dictate what the EPA must do to curb greenhouse gases emitted from vehicles; the majority even said the agency needn't act at all if it provided a "reasonable explanation" that is science-based.

 

But the majority's impatience with the EPA was palpable. Moreover, since the EPA in fact offered, in part, a scientific explanation for its hands-off approach, it's possible the court won't be satisfied with anything less than dramatic regulations. And since those rules will in turn be challenged, judges are likely to end up supervising and shaping a key element of the nation's global warming strategy, which is not their proper role.

 

Vincent Carroll is editor of the editorial pages.

CLICK HERE to read the entire article.

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DENVER POST COLUMN SUPPORTING THE SUPREME COURT'S RECENT EPA DECISION

 "Court Restores the EP in EPA," by The Denver Post Editorial Board, April 3, 2007:

The federal government received a well-deserved rebuke from the U.S. Supreme Court on Monday, as justices decided that Washington has authority to regulate greenhouse gas emissions from new cars.

 

The Environmental Protection Agency has been backpedaling from such responsibility since 1999, and the 5-4 decision took the agency to task for its abdication.

. . .
 

But it was the auto emissions case that grabbed attention, and with justification. It was the court's first confrontation with climate change, and Justice John Paul Stevens, writing for the majority, cited petitioners' arguments in calling it "the most pressing environmental challenge of our time."

. . .
 

The question before justices was narrow - whether the EPA had authority to regulate cars' carbon emissions. In saying the EPA did, the justices brushed aside the Bush administration's justifications for the lack of regulation. They ordered that the issue go back to the EPA, saying its administrators couldn't rely on policy judgments to avoid regulating. Instead, the agency must use federal law to justify its action or lack thereof.

. . .
 

Environmental advocates have much to cheer in the court's decisions. In Colorado, they interpreted the auto emissions ruling as an opening to urge the adoption of state limits on carbon pollution from cars, as Oregon and California have done. "This is a green light for Colorado to make cars cleaner and cut global warming pollution," said Matt Baker, executive director of Environment Colorado.

CLICK HERE to read the entire article.

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CADA forwards news articles and opinion columns of interest through Open Road to inform members of current events. These in no way reflect the views, opinions, and/or positions of CADA or its member dealers. They are sent for informational and educational purposes only.


UPDATE ON SUNSET REVIEW

 

After waiting for both houses of the legislative body to review and debate the state budget for nearly eight days, we were finally able to refocus on meeting with legislators to discuss our perspective and specific goals regarding our vision of the MVDB.

 

Despite a substantial wait, the Sunset Review bill (SB-221) for the Colorado Motor Vehicle Dealer Board was passed on second reading Monday in the Colorado Senate with a unanimous vote. Further, a victory was achieved on the most tenuous issue of the retention of the original make-up of the Motor Vehicle Dealer Board.

 

  CLICK HERE to read this article by CAR lobbyist Jeremy Cottrell. 
 


D & H FEES: IF CHARGED, MUST BE CHARGED ON ALL CASH AND FINANCED DEALS
IN THE SAME AMOUNT

Dealers who charge D&H (Delivery and Handling) fees should ensure that the D&H fee is charged on all cash and financed deals and in the same amount. According to the Colorado Uniform Consumer Credit Code (UCCC), C.R.S. 5-3-101 and the Federal Truth in Lending Act (TILA), a charge that is levied to credit customers, but not to non-credit customers will be considered a “finance charge” and would have to be disclosed as such. Both the UCCC and TILA require creditors to make certain disclosures when extending credit, including the amount financed, all finance charges, and the APR.

 

CLICK HERE to review a prior D&H article with more information on D&H Fees.

 

CADA has D&H Disclosure posters available for purchase. For forms orders, please contact Lauren Stadler at lauren.stadler@cadaonline.org or 303.457.5123.

 

* * * * * * *

statE IDS COMPUTER SYSTEM AND TAX JURISDICTION LOOKUP RESOURCES

CADA has received numerous calls lately regarding alternatives to the state IDS computer system that many dealerships currently use to lookup a consumer’s address to identify all local and special taxes owed on a car deal. The IDS system has apparently become increasingly less reliable. CADA issued a memo in February 2006 with a summary of the available third party options (Group 1 Software and Proxix Systems) for tax jurisdiction lookups as well as the status of the IDS system.

 

CLICK HERE to view an updated version of that memo, describing the options in
more detail.

 

For those who have previously reviewed this memo, the information is mostly the same. The key update is that the CSTARS computer system that had been planned to roll-out to the counties by last summer has been pulled for further development.*  That computer system utilized Group 1’s (one of the authorized third party vendors available to dealers) tax jurisdiction database, and would have had county personnel working on more accurate and reliable database to which dealerships also have access (through a web interface that Group 1 opted to provide to non-state businesses that also need this information). For the time being, both the counties and dealers will retain access to the old, IDS system. As the memo above notes, however, dealers may want to begin using one of the third parties sooner rather than later.

 

CLICK HERE for links to the state authorized third party providers of tax jurisdiction lookup by address.

 

*See Related News Article  from the Rocky Mountain News article, "Colo. pulls plug on computer for licensing vehicles," (April 3, 2007):
 

Gov. Bill Ritter's administration halted use of the CSTARS system after reports of four cases in which police officers checking license plates were informed, incorrectly, that the registration was for a different car.

 

CLICK HERE to for a link to the entire article.
 

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DEPT. OF REVENUE - TITLES AND REGISTRATION DIVISION FORM CHANGE ANNOUNCEMENT:  DR 2175 — NON-SECURE POWER OF ATTORNEY HAS BEEN REVISED

 

The Titles and Registration Division has announced the release of a revised DR 2175, Non Secure Power of Attorney. The revised form is now available on the revenue website at http://www.revenue.state.co.us/mv_dir/formspdf/2175.pdf


The state has indicated it will continue to accept the previous version (revision date of 6/16/06) through Oct. 1, 2007. The following changes have been made to the form:

  • Alterations statement moved top right

  • Secure and Verifiable Statement added under title with asterisk*

  • Full name and address bolded in the area where grantor appoints agent

    • IMPORTANT NOTE: on this form the address is required or paperwork will be rejected

  • Powers do not need to be initialed, but just checked. Powers withheld may be crossed out.

  • Powers requiring secure and verifiable ID have an asterisk in front of them

  • Addition of text reading, "TERMINATION DATE REQUIRED"

  • After termination date, text added reading, "The original Power of Attorney MUST BE SURRENDERED to transfer ownership and acknowledge odometer reading. Certified copies are acceptable for all other powers."

  • Addition of indemnity statements above signature/SVID area.

If you have questions, you can contact Karen Picariello directly: kpicariello@spike.dor.state.co.us


CADA will provide further notice when we have the revised DR 2175 in stock and available for order. For questions on forms orders or the status of the revised forms, please contact Lauren Stadler: lauren.stadler@cadaonline.org or 303.457.5123.

All state forms are available for download at the following web site:
http://www.revenue.state.co.us/mv_dir/wrap.asp?incl=titles/titleforms.

 

* * * * * * *

REVISED ALL-IN-ONE- EMPLOYMENT POSTERS

Orders Now Being Taken at Mountain States Employers Council (MSEC)  


As we noted in a prior Open Road issue (Vol. No. 1, Issue #3, Jan. 17, 2007), Colorado Division of Labor issued an Emergency Wage Order earlier this year to incorporate new minimum wage rates required by the passage of Amendment 42. That Emergency Wage Order has now been finalized and published, effective April 1, 2007; the updated poster and general information are available at the Division's website: 
http://www.coworkforce.com/lab

 

Now that Wage Order #23 has been finalized, Mountain States Employers Council (MSEC) has also amended their state all-in-one employment law posters for sale to members to include the model poster. The posters will begin shipping based on current orders approximately three weeks after printing, lamination, and delivery from their vendor.

Poster orders can be made on-line through their website (www.msec.org/references/employment_posters.asp) or via telephone at 303.839.5177.
 

As a reminder, all CADA members—as part of their CADA membership—receive a “basic” level membership with MSEC. CADA members can contact MSEC at any time for first-level support on various HR and employment-related questions: 

  • Denver: 303.839.5177 or 800.884.1328

  • Colorado Springs: 719.667.0677 or 800.884.1328

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If you have additional questions on any legal or regulatory topics, please contact either Tammi McCoy or Tim Jackson:

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.


 


PRIVACY, SAFEGUARDS, AND COMPLIANCE HOT TOPICS

Don’t miss this important compliance seminar!
 

CADA has arranged to bring to you an industry compliance expert to review several key “hot topic” areas of dealer compliance, including the following: 

  • Safeguards and Privacy rules are coming under increasing enforcement activity and scrutiny.

    • Dealers must have a Safeguards Program Coordinator, conduct a risk assessment, implement written safeguards to control risks, oversee service providers, and re-evaluate periodically

    • Document shredding, definition of “non-public information,” consumer privacy notices, opt-out rights

  • Fair Credit Reporting Act / Adverse Action notices – dealers may not be able to rely on financial institution notices alone; recent court decisions against dealers

    • Restrictions on credit reports, “permissible purposes”, OFAC checks, fraud alerts, ID theft

  • Cash reporting rules – overview of responsibilities, IRS audits and selling vehicles to customers without Social Security numbers.

  • Negative equity (over-allowance) disclosures and relevant court cases against dealers.

CLICK HERE to view the April 6, 2007, *Special Edition* of Open Road for full details on this seminar.

 

  CLICK HERE for a registration form you can return by mail or fax.
Select the respective link below to register online. 

 

 

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SECRETS TO CREATING A SUPER CONTROLLER
 

Are you providing your dealer and managers with the reports they really need to make more money? Do you know what reports are crucial to monitoring your dealership and increasing profits?  In this dynamic half-day seminar, noted speaker, former super controller and consultant Sandi Jerome will give you the essential tools and information you need to answer these questions with a resounding yes!

 

Become a super controller and drive your dealership’s bottom line!

 

This is a must-attend event for general managers, office managers and CFOs who need to move from everyday “bean counting” methods to mastering super controller techniques that increase efficiencies, save time and drive profits.

 

In today’s competitive market, it’s critical that dealers have a “super controller” who’s focused on two things: maximizing profits and helping others streamline their processes. Don’t miss this opportunity to learn essential super controller secrets from Sandi Jerome, a sought-after speaker, former super controller, consultant and recognized expert in dealership internal controls.

 

Due to space constraints, this seminar

 is limited to the first 48 registrants.

Sign up today!

 

City

Date / Time*

Location

Denver

Thursday, July 26

8 to 11am

William D. Barrow Building
(CADA / MDADA headquarters)
290 E. Speer, Denver,
SW Corner of Grant & Speer

 

CLICK HERE for seminar flyer and to fax or mail
        your registration.
       
CLICK HERE to register online.

 

Grand
Junction

Friday, July 27

8 to 11am

Doubletree Hotel, 743 Horizon Drive 970.241.8888

 

CLICK HERE for seminar flyer and to fax or mail
        your registration.
     
  CLICK HERE to register online.

 

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OTHER TRAINING seminars

Topic

City

Date / Time*

Location

Unclaimed Property Seminar
 

 

Grand Junction

Thursday, April 19
11:30 am to 1:30 pm

this location

 

Grand Vista Hotel, 2790 Crossroads Blvd.
Phone: 970.254.7100

CLICK HERE to register  online for this location.
 

Five Ways to Reduce Your Dealership Workers' Compensation Costs

By Dave Campbell, Wells Fargo Insurance Services (formerly Acordia) and Lonnie Garcia, Pinnacol Assurance

Denver

Tuesday, May 22
10 am to 1 pm

LUNCH PROVIDED

 

Pinnacol Assurance Offices
(Hayden Pass Training Room)
7501 E. Lowry Blvd.
Denver, 80230

RSVP directly to Wells Fargo Insurance Services  at 719.785.8184.
 

Five Ways to Reduce Your Dealership Workers' Compensation Costs

By Dave Campbell, Wells Fargo Insurance Services (formerly Acordia) and Lonnie Garcia, Pinnacol Assurance

Grand Junction

Wednesday, May 23
10 am to 1 pm

LUNCH PROVIDED

 

Doubletree Hotel
743 Horizon Drive
Grand Junction, 81506

RSVP directly to Wells Fargo Insurance Services  at 719.785.8184.


 

 


upcoming events

 

Event Description

Date / Time

Location

CADA Annual Golf Event

Monday, August 27

Noon shotgun start

Valley Country Club

14601 Country Club Dr., Aurora

Regional Member Briefings

 

Fall 2007
Dates to be determined

Location to be determined

MDADA Annual
Membership Meeting

Tuesday, Nov. 27

11 am to 2 pm

Cherry Creek Country Club

(more details to follow soon)

 


NINE COLORADO DEALERS IN TOP NATIONAL SALES LIST

 

Congratulations to the following Colorado dealers who were recently named to the Automotive News Top 125 Dealership Groups. This national recognition is based on total sales for the 2006 year.

#1      AutoNation, Inc.

#3      Sonic Automotive
#7      Lithia Motors, Inc.
#10    Larry H. Miller Group
#22    Serra Automotive
#23    Braman Dealerships
#52    Burt Automotive Network
#77    Phil Long Dealerships
#122  Mike Shaw Automotive
 

 

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Have you or anyone else at your dealership won an award recently? Has 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 openroad@cadaonline.org. Also include your contact information for further follow-up.

 


If you want to be added to our mailing list, please click here.
 


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

 

Copyright 2007 Colorado Automobile Dealers Association.  All Rights Reserved.