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STATE BALLOT INITIATIVES - A Chess Game The Denver Chamber of Commerce has retained Doug Friednash of Fairfield and Woods, P.C. to assist in the “checkmate” of these initiatives. The measures are being challenged based upon alleged violations of single-subject rule and insofar as they are misleading. The business community is extremely concerned with the following three initiatives: CLICK HERE to review the current status of each initiative. INITIATIVE 57 - “Criminal and Civil Liability of Businesses and Individuals for Business Activities" It allows any Colorado resident to bring an action for civil damages, regardless of whether that person is harmed or injured, against any business entity, employees, officers, directors, and any other person who is authorized to act on behalf of a business entity. Additionally, awards of damages are to be paid to the State of Colorado’s General Fund, which is exempt from state spending and revenue limitations. INITIATIVE 62 - “Just Cause for Employee Discharge or Suspension”
Several measures with similar titles have also been filed and are being monitored. The Denver Chamber of Commerce has set aside funds to move this process forward. The Chamber has requested financial assistance from businesses to assist in “operation checkmate.” CADA and MDADA will be addressing these initiatives at the upcoming Board of Directors meeting. ______________ STATE BILL REVIEW State Budget Bill Sunday Sales Bill heads for the Governor’s Desk…Car Dealers Remain Untouched Franchise Law Reform CIADA Legislation Biennial Motor Vehicle Registration Disposition of Abandoned Vehicles Additionally... ______________ The RAQC - Regional Air Quality Commission Transportation Measures Meeting ______________ ON THE FEDERAL FRONT The EPA Drama Never "Waivers" A total of 16 states, including California, are suing EPA over Johnson's decision because they want to enact California's tailpipe standard. Boxer has introduced legislation (S. 2555) that would overturn the ruling, and she plans to file an amicus brief in support of the states who desire to enact California’s rules. House Oversight and Government Reform Chairman Henry Waxman (D-CA) has threatened to subpoena EPA documents containing communication between EPA and White House regarding EPA Administrator Johnson's denial of the California waiver request. Waxman has openly expressed his discomfort with the decision against California and 16 other states to create and enact their own tailpipe emissions laws. During a hearing with Administrator Johnson, Rep. Ed Markey (D-MA) said he plans to take all actions necessary to retrieve documents confirming his belief that Johnson was advised by his EPA colleagues to grant the waiver. Both the House and the Senate have introduced legislation to overturn the EPA decision - negating the benefit of the national Corporate Average Fuel Economy (CAFE) standards passed by Congress in December of 2007. SAYING NO TO ARBITRATION? We will continue to follow this possible ban on pre-dispute arbitration BILL ALLOWS EPA TO RETROFIT OLD DIESEL ENGINES The EPA estimates there are 11 million older diesel engines in the United States that lack emissions control technology. These vehicles produce more than 1,000 tons of particulate matter every day and the pollution causes approximately 21,000 premature deaths in the United States each year, according to a Senate report.
The EPA has dramatically tightened emissions limits on diesel engines in recent years for vehicles on the roads, requiring ultra-low sulfur diesel fuel. The EPA hasn't set its own limits, but is working to do so. The movement on the bill comes as rising diesel fuel prices increase automakers logistics costs. A purchasing chief from GM, stated that the automaker's logistics costs -- for moving parts and hauling new cars to dealers -- increase $6 million annually for every $1 increase in the price of a barrel of oil. Automakers hope to increase diesel vehicle sales over the next decade to comply with new fuel efficiency standards, but the high price of diesel may deter some customers. ________________________________________________________ If you have questions on any legislative topic, please contact:
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The debut of three anti-business ballot initiatives is yet another chapter in the story behind the Collective Bargaining Executive Order issued by Governor Ritter. Several business groups responded to Gov. Ritter’s Executive Order by placing “Right to Work” language (Initiative 41) on the ’08 November ballot. In response, opponents (AFL-CIO) have moved the rook, bishop, and the knight in this state ballot chess game by introducing anti-business measures to the upcoming ballot. Colorado businesses could spend millions of dollars campaigning against the proposed ballot initiatives as these initiatives would devastate the state’s employment environment. AFL-CIO backs the measure that are intended to crack down on corporate fraud, require employer paid health care and bar employers to fire workers without notice or reasonable cause.
INITIATIVE 63
Sen. Viega (D), Denver, Rep. Cheri Jahn, (D) Wheat Ridge are the sponsors of the proposed legislation to repeal a portion of the State’s blue laws to allow alcohol sales on Sundays. The bill has passed successfully through the senate, house and now awaits a signature from the governor. The governor has said he would like to talk with representatives from both sides of the issue before he considers whether or not to sign the bill into law. If the bill is signed, the bill becomes effective July 1, 2008.
The Colorado Independent Auto Dealers Association (CIADA) is currently pushing a bill (SB 151) through the legislature that requires eight hours of pre-licensing training for applicants for a USED motor vehicle dealer, a wholesale motor vehicle dealer or a wholesaler license. The bill allows the MVDB to set the components of the training program. Sen. Tochtrop (D) is sponsoring the bill in the Senate, and Rep. Don Marostica (R) is sponsoring the legislation in the House of Representatives. CADA views this bill as a benefit for the industry as a whole and supports the bill with an amendment. Nancy Burke testified on behalf of CADA in support of the bill with an amendment that would exempt dealers who wish to open up a used car dealership that have been operational as a new car dealer within the past three years. The Senate Committee adopted the amendment. The bill now awaits its second hearing in the House.
Senate Bill 144, sponsored by Sen. Windels (D), Arvada, establishes a process for motor vehicle repair shops at which a motor vehicle has been abandoned to follow in order to obtain a certificate of title and sell the abandoned motor vehicle in Title 38. This bill will mirror language to a certain extent, already contained in Title 42. Senate Bill 144 revises language in Title 38 for consistency purposes. It requires the repair shop, or its agent, to establish the retail fair market value of the vehicle and have the abandoned motor vehicle inspected and a verification of vehicle identification number (VIN) completed by a peace officer certified to perform VIN inspections. After the repair shop has obtained a certificate of title for the abandoned motor vehicle, authorizes the repair shop, or its agent, to sell the motor vehicle in a commercially reasonable manner at a public or private sale to recoup its costs. The service repair shops are monitoring this bill to ensure the consistency between the two sections in statute. The Department of Revenue spoke at the past committee hearing and proposed further changes to the bill, so much in fact, we could be faced with using yet another form which would execute the changes incurred by this bill. This bill awaits second hearing in the House.
The Regional Air Quality Commission met last week. A Coalition of Local Governments and Environment Groups presented a proposal for an employer-based trip reduction program stating that it would cost employers approximately $18 per employee. The program basically touts a reduction in employee commuter trips into work. Several cities have adopted a TRO (Trip Reduction Ordinance) and a handful of states have adopted a CTR (Commuter Trip Reduction) plan. The plans focus on reducing commuters on the road between 6 am and 9 am. Results of the program are not mandatory, but participation in a CTR would be. Hopes are to improve air quality, reduce gasoline use and ease traffic congestion. This CTR would apply to employers with over 100 employees. Much of the discussion surrounded the issue of placing the CTR program into our SIP (State Implementation Plan) which goes to the EPA. Since results of such a program are not known at this time, it was recommended that we look first to incorporate a pilot program rather that place it in the SIP. Once a program is placed into a SIP it can be very difficult to take out and the state does not receive credits for simply placing a program in the SIP. 
and Administrative Law, introduced her bill she said the legislation would "connect the chain from manufacturers to dealers and from dealers to consumers." 
"This bipartisan legislation will allow badly needed funds from environmental settlements to go towards reducing the effect of diesel engines on our environment," said Rep. John D. Dingell, D-Dearborn, chairman of the House Energy and Commerce Committee.