April 25, 2007
Volume #1, Issue #17

     - Rally Targets Greenhouse

     - On Earth Day, Make a Promise

     - 41 'Fix' is the Equivalent of
       a Poll Tax

     - Another Sunday Attack

    - Dealer Q&A:  Off-site permits
      required when sales activity will
      take place; not for display only

    - Privacy, Safeguards & Compliance
      Hot Topics
    - Controlling Workers' Compensation
    - Creating a Super Controller

Upcoming Events


    - Let Us Know About YOUR

    Click here for Open Road archives.


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contact Tim Jackson at tim.jackson@cadaonline.org 

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Reminder:  Safeguards, Privacy, and Compliance Hot Topics by Rob Cohen is THIS WEEK, click here for more details…

From CADA President Tim Jackson: With all the Capitol talk about global warming climate change, greenhouse gases and emissions in Washington, DC and in Denver,
the auto manufacturers and auto dealers should expect aggressive new legislation to be proposed by the radical enviro-lobby under the gold dome during the 2008 legislative session.  Shown below is an opinion column from Sunday’s Denver Post and a news article from Monday’s Rocky Mountain News. I think once you have read these, you will agree that we as an auto dealer community should be prepared for an onslaught of aggressive pro-active yet restrictive legislation to elevate Colorado’s emission
standards above that of the nation.

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“Gov. Ritter asked to set standards for less pollution,” Rocky Mountain News,
April 23, 2007


A newly formed environmental coalition converged west of the state Capitol on Sunday to call on Gov. Bill Ritter to join other states in embracing standards limiting greenhouse gas emissions.


Organized to capitalize upon Earth Day, members of the Colorado Climate Action Network praised Ritter's environmental record but said he could do more to fight global warming.


CLICK HERE to read the entire article.


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The Denver Post, April 22, 2007


Today, Earth Day 2007, we have announced a new coalition of conservation, sportsmen, agriculture and business groups to push for bold and dramatic action, right here in Colorado, to stem the tide of global warming. The Colorado Climate Action Network will work with scientists, policymakers and others to craft and implement a Colorado-specific strategy on climate change.


The science is clear that immediate action to reduce pollution will have a big impact. By taking protective action now, we can stabilize worldwide global warming pollution in the atmosphere at nearly twice pre-industrial levels by 2050. This is the critical threshold scientists are warning we must not cross to avoid potentially irreversible effects, such as the melting of major ice sheets and dramatic rise in sea levels.


To put it simply, what we do now matters.

CLICK HERE to read the entire article.

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Rocky Mountain News, April 23, 2007


Talk about hedging your bets.


The folks who brought Colorado Amendment 41 have filed an initiative for the November ballot that purports to fix the many flaws in that measure . . . but the initiative is a mess, too.


The Article XXIX Coalition, a group bankrolled by former state school board member Jared Polis, is sponsoring the initiative. Polis also funded the 41 campaign.


This year's model would, among other things, impose a $50 annual tax on registered lobbyists. The ostensible purpose of the tax is to pay for the ethics commission that Amendment 41 also authorized.

CLICK HERE to read the entire article.

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.



What has become so frequent and consistent in recent history was yet attempted again—
a repeal of the longtime ban on Sunday vehicle sales was offered up by Rep. Paul Weissmann, D-Lafayette, during debate on the CADA priority Sunset Review bill.


An unpopular move, which Weissmann has made his signature issue over the past three years, has become an annual tradition within each legislative session. Four attempts two years ago, two attempts last year, and another two attempts this year have all led many within the industry to question the motivation behind the consistent and impassioned move.


Fortunately, we were able to anticipate this and organize opposition prior to its introduction. With a host of new freshman legislators, it was imperative that CADA convey our strongly-held beliefs and position regarding Sunday sales. We emphasized our position in three main sections.


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


QUESTION: We will have cars on display at an upcoming local event—no salespersons will be present, the cars are simply for display only. Do we need to obtain an off-site permit?   Additionally, for future reference, what about shopping malls (again, no sales activity will be taking place)?  Also, is there a time limit on such displays?

 An off-site permit is required by the state when “sales activity” is taking place off-site, not for the mere display-only of vehicles. This includes charity events, shopping malls, sporting events, and any other event where cars will be on display only. While the topic of what exactly constitutes “sales” is a somewhat gray area, CADA encourages dealers to err on the side of caution. Typically, “sales activity” is deemed to include test drives or any discussions with a consumer regarding price, financing, and/or related aspects of an actual deal that extend beyond discussing the vehicle attributes and features. That is the guidance that has been provided at the Denver International Auto Show in the past regarding “sales activity” in reference to Sunday sales. The relevant excerpt from the off-site premise application is below:

Regulation 12-6-102 (16).  A motor vehicle dealer or used motor vehicle dealer shall obtain an off-premise permit to offer and sell motor vehicles away from his licensed place of business.


CLICK HERE to obtain copies of the off-site permit application, as well as other
state forms.




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.


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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The key to lower workers’ compensation costs is an “effective” safety and loss prevention program. Workers’ Compensation is often your dealership’s second leading employment related expense! This May, CADA, Wells Fargo Insurance Services (formerly Acordia), and Pinnacol Assurance will present a safety seminar on Five Ways to Reduce Your Dealership Workers’ Compensation Costs.


Plan to attend this seminar and learn FIVE proven methods of reducing your cost. Members who earn the certification will be eligible for a discount on their premium but more importantly, it demonstrates your commitment to protecting the safety and welfare of your employees. Attendees will also learn about the following:

  • Develop an effective return to work program

  • Prevent slips, trips, and falls

  • Reduce strain and sprain injuries through ergonomics

  • Use accident investigations to prevent recurrences

This seminar will be presented by Dave Campbell, Wells Fargo Insurance Services
and Lonnie Garcia, safety consultant with Pinnacol Assurance. There is no charge for participation in this safety seminar, as it is a required component of the CADA/Wells Fargo Pinnacol workers’ compensation program.


  CLICK HERE to review the flyer for this event.





Date / Time*


Five Ways to Reduce Your Dealership Workers' Compensation Costs

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


Tuesday, May 22
10 am to 1 pm

(Lunch included)


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 included)


Doubletree Hotel
743 Horizon Drive
Grand Junction, 81506

RSVP directly to Wells Fargo Insurance Services  at 719.785.8184.



* * * * * * *



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!



Date / Time*



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.



Friday, July 27

8 to 11am



Doubletree Hotel, 743 Horizon Drive


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

  CLICK HERE to register online.


 * * * * * * *


upcoming events


Event Description

Date / Time


CADA Annual Golf Event

Monday, August 27

Noon shotgun start

Valley Country Club

14601 Country Club Dr., Aurora


CLICK HERE for more details on Valley Country Club.

  CLICK HERE for a reminder flyer to save the date.

Regional Member Briefings


Fall 2007
Dates to be determined

Location to be determined

MDADA Annual
Membership Meeting

Tuesday, November 27

11 am to 2 pm

Cherry Creek Country Club

(more details to follow soon)



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


Copyright 2007 Colorado Automobile Dealers Association.  All Rights Reserved.