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

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

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or suggestions regarding this
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contact Lauren Stadler at
lauren.stadler@coloradodealers.org

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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.

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.

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

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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

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

• Tammi McCoy, Vice Pres., tammi.mccoy@coloradodealers.org, 303.282.1449
• Tim Jackson, President, tim.jackson@coloradodealers.org, 303.282.144

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

CLICK HERE for more information on this training session.

* * * * * * *

RED FLAGS RULE COMPLIANCE SEMINAR

PLUS: Privacy/Safeguard Recap and Overview of Frequently Overlooked 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!

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!

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!

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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.

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NADA 2009 CONVENTION AND EXPOSITION

New 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.

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