CADA Open Road eNewsletter

Learn more about the 3-Month/3,000-Mile
Powertrain Service agreemenT Through
The CADA F&I Resource Center

Are you looking for a new, low-cost way

to create automatic trust and spark

consumer interest on your pre-owned vehicles?

If so your CADA F&I Resource Center has the perfect thing for you, a 3 Month/3,000 Mile Powertrain Service agreement (engine, transmission and driveaxle) that includes--at NO COST--full roadside assistance (towing, fluid replacement, lockout, tire repair). It all starts at a dealer cost of $60! Contact Chad Julius at 303.319.8039 or chad.julius@cadaonline.org for more details.

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AUTOMOTIVE NEWS AT A GLANCE

Listed here are several articles pertaining to the auto industry that appeared recently in newspapers and other media outlets across the nation.

Energy bill stymied in Senate
The Detroit News, Dec. 8

WASHINGTON -- With the Senate's failure to end debate on the House energy bill Friday and send it to a vote, staff members will begin negotiating a version that could soften or eliminate many of the most controversial provisions.

The House energy bill, approved 235-181 on Thursday, increases fuel efficiency standards by 40 percent by 2020 to an industry-wide average of 35 miles per gallon. It also would mandate that electricity companies get 15 percent of their energy from renewable resources and adds $21 billion in taxes on oil companies, among other provisions.
Red state + blue state = purple governors
cnbc.com, Dec. 7
This is not something you'll hear me say often--I feel some political optimism blossoming in my soul. Yes, I'm a bit on the mature side for political naiveté, but after talking to Colorado Governor Bill Ritter, a Democrat, and the first native born Coloradoan to be elected Governor in decades, I'm feeling a little tingle. Just in my extremities mind you, but it's there.
Colorado Governor Ritter congratulates House for taking decisive action on energy
All-American Patriots, Dec. 7
Colorado Governor Bill Ritter today congratulated the US House of Representatives for passing an energy bill that includes provisions for clean energy, and urged the Senate to follow suit and to support a national renewable electricity standard (RES). Colorado is one of 25 states that require a portion of its energy supply to come from renewable sources, which has spurred economic development in wind, solar, and biofuels, especially in rural parts of the state.
Green cars, but how?
Rocky Mountain News News, Dec. 8

When it comes to climate change and cleaning the air, it's not a question of doing something or doing nothing. Rather, Colorado's challenge is to address these issues in ways that reflect the distinctive values and needs of this state.

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.

'Tis The Season...The fundraising Season is in FUll Swing

During the month of November, your CADA staff met with numerous elected officials including: Rep. Alice Madden; Rep. Paul Weissmann; Gov. Bill Ritter; U.S. Congressman John Salazar CD-3; U.S .Sen. Ken Salazar; U.S. Congressman Ed Perlmutter; CD 6 candidate, Wil Armstrong; Sen. Mike Kopp; Sen. Bill Cadman; Rep. Al White; Rep. Betty Boyd; House Minority Leader and Rep. David Balmer; Rep. Victor Mitchell; Rep. Spencer Swalm; Rep. Ken Summers; Rep. Jerry Sonnenberg; Rep. Nancy Todd; Rep. Jim Kerr; Sen. Chris Romer; Speaker Andrew Romanoff; Rep. Bernie Buescher; Sen. Josh Penry; Sen. Shawn Mitchell; and Sen. Greg Brophy. These meetings allow us to promote and discuss our initiatives and concerns for upcoming legislation. In addition, the discussions create and build stronger relationships with our elected officials. Relationship building with our elected officials is crucial. We invite you to participate in upcoming meetings and do the same.

Several upcoming meetings have been scheduled in the month of December:

In the Fort Collins area, we have scheduled a coffee meeting with Rep. John Kefalas at 10 a.m. at Daz Bog on Mason Street and with Rep. Randy Fisher at 2 p.m. at La Dulce Vita on Shields Avenue.
In the Boulder area, we are planning to meet with Rep. Claire Levy for lunch at 1 p.m. at Jill’s in Boulder to discuss her bill content for assessing an $80 fee on certain new purchases of lower mpg vehicles.
In the Greeley area, we are planning a lunch at noon at Kenny’s steak house with Sen. Scott Renfroe.

We encourage YOU to attend! Legislators like to hear from their constituency on the issues at hand. If you are interested in meeting with your representatives, please contact Nancy Burke at 303.457.5115 or e-mail RSVP@cadaonline.org. We would be happy to arrange a meeting in your area to meet with your representative and/or senator to discuss the upcoming '08 legislative agenda from our industry's perspective.

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If you have questions on any legislative topic, please contact:

Nancy Burke, Vice President - Public Policy and Communications, nancy.burke@cadaonline.org, 303.457.5115

Tim Jackson, President, tim.jackson@cadaonline.org, 303.282.1448

Guest Legal Article

The article included below is an excellent summary of various happenings in the regulatory and legal arena around the country. Hudson Cook, LLC is one of the top law firms in the country focused on auto dealer issues. Keep in mind that litigation trends in other states typically make their way to Colorado—we suggest that you take note of the compliance areas being targeted and that you forward this article onto your outside counsel. Key areas covered in this article include the following:

Mandatory binding arbitration of consumer disputes under attack in Congress.
Vehicle “rent-to-own” plans under scrutiny in North Carolina and other states.
Federal Red Flag Rules have been finalized. These rules require dealerships
to establish an ID Theft Prevention Program. The mandatory compliance date
is Nov. 1, 2008. CADA will be conducting training sessions and more detail
will be forthcoming to help dealerships comply. CLICK HERE for a summary
from NADA on this and other recent updates.
Spanish-language version of “Understanding Vehicle Financing” for consumers
is available. More information can be found at: www.afsaef.org or CLICK HERE for
a summary of this publication.
Litigation:

a.   Out-of-State Internet Lender Subject to Licensing in Kansas

b.   Adverse Action Notice Required By Mortgage Broker that Rejected Application

c.   Financing of Negative Equity May Have Implications in Bankruptcy

d.   Class Action Certified in Case Alleging Dealer Violated California
Law by Concealing Negative Equity

CLICK HERE to read the article,

The CARLAWYER© By Thomas B. Hudson and Emily Marlow Beck.

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Employers must use new form I-9 starting Dec. 26
From Mountain States Employers Council

Effective Dec. 26, 2007, U.S. employers will be required to use the NEW Employment Eligibility Verification Form I-9 to document employment eligibility for new hires or risk fines and penalties, says U.S. Citizenship and Immigration Services (USCIS). The most significant revision to the form is that five documents have been removed from the list of acceptable documents and one was added. A copy of the form can be found at www.uscis.gov/files/form/I-9.pdf You should start using this new form immediately. CLICK HERE for more information and a full list of acceptable and unacceptable documentation.

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If you have questions on any legal or regulatory topics, please contact:

Tammi McCoy, VP, tammi.mccoy@cadaonline.org, 303.282.1449
Tim Jackson, President, tim.jackson@cadaonline.org, 303.282.1448

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.

top Denver EMPLOYMENT attorney, Todd Fredrickson,
comes to the Western Slope

Top Ten Blunders Employers Make in Hiring and Firing

Tuesday, Dec. 18, 2007 – Delta, Colorado

Practical advice to prevent employment litigation:

Learn to avoid mistakes that often lead to big ticket employment litigation
Learn to address hiring issues head on, such as creating and maintaining sound pre-hire paperwork, complying with federal and state immigration laws, and not falling prey to breach-of-contract lawsuits
Learn to properly handle employment terminations without landing yourself or your business in the middle of a discrimination or wrongful discharge lawsuit
Learn to better manage your employees when dealing with difficult hire and fire issues

Todd Fredrickson, is a shareholder at Otten Johnson in Denver. Specifically, Todd has defended employers against claims of discrimination, harassment, and retaliation based on race, color, religion, sex, national origin, age, and disability. H He regularly counsels clients on a spectrum of personnel management issues, with the goal of avoiding litigation altogether. To that end, he advises employers on developing and enforcing proper application and interview policies, employee handbooks, and employment and compensation agreements. Todd also counsels employers on compliance with federal and state wage and hour laws. Much of Todd's practice focuses on training supervisors, managers, and other employees on such issues as sexual harassment, discrimination, employee discipline and discharge, and investigation of employee grievances. Todd states that educating clients is one of his favorite aspects of his job, because "In doing so, we truly become part of the client's enterprise."

“I thought Mr. Fedrickson’s presentation was excellent! He was easy to understand and concise, his presentation was relevant to our industry, and most importantly, he provided specific suggestions and recommendations that we were able to easily implement at our dealership. I highly recommend this seminar.”
--Cindy Swanson, Controller, Planet Honda

TO REGISTER ONLINE FOR
ANY CADA SEMINAR OR EVENT, PLEASE VISIT: www.cadaonline.org/registration

Topics
City

Date/Time

Location

Employment Law Seminar
by Todd Fredrickson of Otten Johnson Delta
NEXT WEEK!

Tuesday, Dec. 18
noon - 2 p.m.

lunch included

Delta Fireside Inn
820 Highway 92
Delta, Colorado
Phone: 970.874.4413
CLICK HERE to download a registration form.

Event Description Date/Time Location

Legislative and Political Committee Meeting Jan 16, 2008
7:30 a.m. William D. Barrow Building 290 E. Speer Blvd, 80203
(SW Corner of Grant/Speer)
All CADA members are invited to attend to hear an update on the state legislative session.
For more information, contact Nancy Burke at 303.457.5115.

NADA 91st Annual Convention & Expo Feb. 9-12, 2008 Moscone Center,
San Francisco, CA

Denver International
Auto Show March 26-30, 2008 Colorado Convention Center, Denver

CADA Golf Event

Monday, Sept. 8, 2008
Columbine Country Club
17 Fairway Lane
Columbine Valley, 80123

LeT US KNOW ABOUT YOUR ACCOMPLISHMENTS!!!

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 milestones@cadaonline.org. Also include your contact information for further follow-up.