November 2008

Transcription

November 2008

Colorado Automobile Dealers Association
Volume 8, Issue 11
November 2008
Celebrating 75 years
2008 Election Returns
Nancy
page 2
Nanc Ariano Column ....................
.............
Red
Red Flags Rules ............................... page 3
Tim
Tim Jackson Column ...................... page 4
2008
2008 Election Results ...................... page 7
75th
75th Anniversary Collage ............... page 10
Annual Membership
Membershi Meeting
Meetin .........
....... page 11
Jeff
Jeff Carlson, NADA ......................... page 12
NADA
NADA News ..................................... page 13
Calendar
Calendar of Events .......................... page 15
Fixed-Ops
Fixed-Ops Growth Strategies ......... page 16
Chair’s Column
MESSAGE FROM THE CADA CHAIR
Nancy Ariano
CADA Chair
With the election finally behind us and the near hysteria that ensued, it’s nice to have the
holidays approaching to bring a different energy; a different atmosphere. I’ve recently
had the opportunity to speak to various business people and it seems that there is a general consensus that the campaign and the noise surrounding it was not only physically
and financially exhausting, but mentally exhausting as well. All the campaign rhetoric
placed so much emphasis on red states vs. blue states, taxation, recession, depression—
no wonder the campaign strategy of “CHANGE” was hugely successful. No matter what
the topic, we all want change. Change the economy, change the environment, change
the politics, change the negativity, change the subject, change the channels, change the
focus, change the colors. Even though the red-blue divide is still alive (although it has
sifted a little), let’s consider for a moment that we all blended. The red compromises with
blue and the blue compromises with red and for now we’re all purple! Deep purple, royal
purple…majestic purple! For the sake of moving onward and upward, for the common
good, PLEASE, let’s be purple.
What platform would purple adopt? What platform would we take? Historically, red
supports business theory, less government, less regulation, less taxation—let those who
can, do. Blue supports the liberal view of taxing those who can to enable those who can’t
to share in the abundance. Sounds simple, progressive and conscientiously humane; yet it
can become totally obscure with the slightest misjudgment or poorest of policy making.
For the sake
of moving
onward and
upward, for the
common good,
PLEASE,
letʼs be purple.
What is happening to our economy today is precisely what purple should represent.
Government induced chaos by over regulation, misjudgments, poor policy making and the
exploitation of such policy making has created an economic virus of world wide epidemic
proportions. It has infected the automobile industry, the real estate industry, the finance
industry, the oil industry, the medical industry and it spreads itself to infect virtually every
industry in America in various ways. Both parties are confused as to how the calamity
should be handled. It is not caused by a failure of the free market system, so those who
normally would call for government to stand back and let the markets adjust themselves
cannot support their age old platform. Those who feel government should regulate now
wonder how and how much the government should involve themselves. If the free market
system failed because of our governments weak dollar/strong dollar “adjustments”, how
can the markets fairly and adequately adjust themselves? How can we stand by and watch
our economy collapse because of a hodge podge of mismanagement, both governmental
and industrial? How can a country
who is so obsessed with medical care
for all allow our major industries to
collapse from contagions spread
by themselves? We need to give up
our old beliefs and just do what we
can to prevent a collapse. Become
purple. Compromise. Work together
for the good of us all. A failure of
this magnitude would take years to
rebuild, and those who create and
Colorado....
the PURPLE state
2
November 2008
Red Flags Rules
cont’d from page 2
build could no longer create and build, and those who benefit from the builders could
no longer benefit. All of our progress to date would be put on hold for years to come.
We’re all trying to go green, yet we’re all in the red and cannot afford to consider
environmental challenges when we’re just trying to make payroll. How long must we be
under these black clouds? Is there at least gray on the horizon? Is there no silver lining?
Federal Red
Flags Rule
Compliance
Deadline
EXTENDED
RED FLAGS RULE COMPLIANCE
DATE DELAYED BY FTC...
BUT DEALERSHIPS MAY STILL NEED
TO BE IN COMPLIANCE NOW
On October 22, 2008, the Federal Trade Commission (FTC) announced that it will delay
enforcement of the Red Flags Rule until May 1, 2009. The FTC along with various other federal
agencies announced the Red Flags Rule in November 2007, and while it was effective as of
January 1, 2008, a mandatory compliance of November 1, 2008 was established by all agencies.
The FTC’s announcement notes that their delay does “not affect other federal agencies’ enforcement of the original November 1, 2008
deadline for institutions subject to their oversight to be in compliance.” To date, the other agencies responsible for enforcing Red
Flags—Federal Reserve Board, National Credit Union Administration, Federal Deposit Insurance Corporation, Office of the
Comptroller of the Currency, and the Office of Thrift Supervision—have not announced a similar six-month delay. Because of the
provisions in the Red Flags rule regarding the responsibility to “oversee service provider arrangements effectively and appropriately,”
dealerships doing business with any of the other institutions subject to the jurisdiction of other agencies who do not delay their
mandatory compliance date may still be asked to sign contracts or agreements to affirm they are in compliance. Since the primary
reason the FTC stated for delaying implementation was because various entities not typically covered by the FTC were confused
over whether they were covered, it is uncertain if the same areas of confusion are at issue at all with the other agencies.
Additionally, the FTCʼs Address Discrepancy Rule which is somewhat related to the Red Flags Rule
still took effect on November 1, 2008. This rule requires dealerships to develop and implement policies and procedures
to be followed when it receives a “Notice of Address Discrepancy” from a Credit Reporting Agency (CRA). The CRA’s are still
required to begin issuing those notices as of November 1, 2008, and dealerships will need to be in compliance with this rule. Many of
the Red Flags programs and sample forms
that dealerships may be using for Red Flags
include the CRA notice as a “red flag” that
A Dealer Guide to the FTC Red Flags
triggers various extra, precautionary steps to
& Address Discrepancy Rules:
ensure ID theft is not taking place.
Protecting Against Identity Theft
For both of these key reasons, dealerships
are still advised to begin complying with
the Red Flags rule and implement their
programs by November 1st. Aside from the
reasons above, this will also provide an interim period in which to “try out” your plan,
address any areas of confusion, and ensure
employees are fully trained before the actual
mandatory compliance date.
November 2008
This guide provided by NADA explains the FTC’s Red Flags Rule,
contains FAQs and a step-by-step guide. It also explains the FTC’s
Address Discrepancy Rule. Section Two includes a sample ITPP
plus worksheets and other materials to
assist dealers in developing their own
written ITPPs in compliance with the
Red Flags Rule. These are available
for order from CADA – please contact
Lauren Stadler at 303.457.5123.
3
From the President: 2008 Election Results
THE POLITICAL WORLD
HAS COSMIC DIRECTIONAL SHIFT
RESULTING FROM THE 2008 ELECTIONS
There is little doubt that Election Day 2008 will go down in history as a victorious night
for Democrats across the nation and here in Colorado. The question is: what are the
implications for legislative efforts to address issues within our auto industry? The jury is
still out. While there weren’t major changes in the composition of the state legislature, it
will continue to be a tough climate for general business issues.
Tim Jackson
CADA President
While there
werenʼt major
changes in
the composition
of the state
legislature,
it will continue
to be a tough
climate for general
business issues.
In Colorado, 55 percent of voters cast theirs for Barack Obama for President, the first
time the state voted for a Democratic presidential candidate since 1992. With the victories
of Mark Udall, Betsy Markey and Jared Polis, Democrats now control five of Colorado’s
seven Congressional districts and seven of nine in the congressional delegation, which
includes the two Colorado U.S. Senators. Within the Colorado General Assembly, Democrats expanded their lead in the state Senate by one seat, while Republicans picked up
two seats in the House.
One of the most shocking outcomes was the Western Slope race between Rep. Bernie
Buescher (D) and Republican challenger Laura Bradford, both from Grand Junction. Buescher was rumored to be the next Speaker of the House, but lost to Bradford in the general
election, upsetting House leadership plans. Buescher, the assumed incoming Speaker of
the House, was a friend of many CADA member dealers, who had sponsored dealer-supported legislation and was lined up to sponsor the franchise act changes in 2009.
Out of the 14 initiatives on the lengthy ballot, the majority failed, including both of the
measures backed by Gov. Ritter, Amendments 58, A SMARTER Colorado and 59, Savings Account For Education.
New Legislative Leadership Elected
The frenzy of election night was followed by legislative party caucuses on Thursday to
elect legislative leadership. Given Rep.Bernie Buescher’s unexpected loss in the general
election, the House Democratic caucus was flustered, to say the least, in selecting a new
Speaker of the House to replace term-limited Andrew Romanoff. After more than two
hours of speeches and deliberation, the caucus elected Rep. Terrance Carroll to replace
former House Speaker Andrew Romanoff. Rep. Carroll is the first African-American
in Colorado history to hold this
position.
D!
4
2008 Colorado
Election Results
All elections have consequences and
the one just past will be no exception. On the federal level, as a result
of the election outcome, we anticipate new emphasis on efforts to
financially support the “Big Three”
U.S. automakers as well as <even>
tougher standards on tailpipe emisNovember 2008
2008 Election Results
sions and fuel economy. Unions will push hard and
early for a deal that makes unionization of workforces easier and more quickly to initiate. It will
come in the form of the Employee Free Choice
Act (card check). Trial lawyers will move to limit
dealer utilization of arbitration agreements in retail
contracts. There were several election-day changes
in the U.S. Congress make-up from Colorado:
• Mark Udall elected to U.S. Senate to replace
Wayne Allard
• Jared Polis elected to Congressional District
#2 to replace Mark Udall
• Betsy Markey elected to Congressional
District #4 to replace Marilyn Musgrave
• Mike Coffman elected to Congressional
District #6 to replace Tom Tancredo
• Diana DeGette (CD-01), John Salazar (CD04), Doug Lamborn (CD-05) and Ed Perlmutter (CD-07) were all re-elected
• NADA’s DEAC support in Colorado won in 66 percent of election contests (four of six races).
On the state level not much changed with the 2008 elections. Democrats picked up one seat in the Colorado Senate and will be in
control, 21 to 14. Republicans picked up two seats in the Colorado House, while Democrats will be in control, 38 to 27.
• Colorado Senate: CADA endorsed and supported the winning candidate in 82 percent of the races (14 out of 17 races)
• Colorado House: CADA endorsed and supported the winning candidate in 94 percent of the races (52 out of 55 races). There
were 10 races for which we did not weigh in.
• Due to the election of Mike Coffman to the U.S. House, Gov. Ritter will appoint the next Secretary of State for Colorado.
• Ballot measures: CADA won on four of five measures initially weighed in on. Though CADA did not weigh in on Amendment
54, organized labor (Big Labor) who opposed 47, 49 and 54 outspent proponents of 54 by a ratio of 15 to one ($30 million vs.
$2 million), yet Amendment 54 still passed.
All Colorado election candidate winners (state and federal races) were mailed personal congratulations Tuesday night and Wednesday,
even as the results were still being counted. It is a safe bet that CADA was the first group to get individualized, post-election, handwritten, congratulations to each Colorado election winner.
Tuesdayʼs Election Watch Event
We hosted an election watch event at the William D. Barrow Building on Tuesday. It is the first time we
have had flat screen and big screen technology capabilities in the board room and probably will not be
the last. The event worked out very well.
Vice President Governmental Relations and Communications
Melissa Kuipers has been selected to serve CADA in the position of Vice President of Government Relations and Communications.
Melissa was chosen after an extensive search and interview process. She and three other finalists were involved in five interview sessions that involved staff, outside lobbyists and member dealers. Melissa has a law degree from University of Miami and undergrad
degree from Florida State University. She has been in Colorado about a year and has headed up governmental issues for CTLA since
moving here from Florida. She starts full-time at CADA on Dec. 1. Melissa will begin coming by the office soon and will have her operations set-up before she starts at the first of the month. For obvious reasons, Melissa will have a lot on her plate as she gets acclimated
to the dealer culture and the culture of our association and staff. I am sure that all dealers will be helpful to her in that process. I predict
that everyone will find Melissa to be very good to work with and a valuable addition to the association team.
November 2008
5
Dealership Marketplace Is Slowest of All Times
Auto retail sales continue to slide as 2008 attempts to be the worst year for new cars sales in memory. Fears of the escalating recession
and the fallout from the credit meltdown have teamed up to scare consumers from purchases of big ticket items. Many of our member
dealers have never witnessed such a tough market as we face today. If it continues long we will, unfortunately, see significant fallout
result. We are considering several areas of support that either CADA or MDADA can lead on to help stimulate consumer interest in
new cars. These include but are not limited to:
• Earned media campaign to get the word out that there has never been a better time, deal-wise, to buy a new car and that credit
is still available through multiple sources.
• Paid media campaign with same message
• Teaming up with Colorado Bankers Association, Independent Bankers Association and the Colorado Credit Union Association
with a message that credit is still available for new car buyers
• Teaming up with electronic media (TV and radio) for a PSA-type message.
• Teaming up with DNA for a print-type message.
• Organizing media interviews across Colorado to get message out that credit is available for consumers.
• More to come-decisions are pending.
Please provide input on these market-stimulating and sales-inducing ideas to me at [email protected]
CADA Membership Directory
The first edition of the CADA Membership Directory for 2009 was mailed recently. Since it is the first directory
we have published in several years, it will have some corrections needed. In fact, each copy was sent with a form
for changes and corrections to be submitted. We already have several returned for update in the final version. We
anticipate the second and final edition of the CADA Membership Directory for 2009 to be printed and mailed before
year-end. Lauren is overseeing the directory processes and any suggestions or information corrections should be
sent through her office. You can reach Lauren at [email protected] or by phone at 303.457.5123.
Whoʼs the most powerful salesperson in your sphere of business?
ColoradoBiz magazine wants your opinion!
Joe Girard, the Guinness World Record’s top salesman, sold 13,001 cars (six a day)
in 15 years at a Chevy dealership near Detroit. Every month he mailed cards to his
customers that read simply, “I like you.”
– Fortune magazine, September 2008
Selling acumen is the critical during difficult economic times. Our fifth annual “power issue” in
January will profile the state’s “25 Most Powerful Salespeople,” based on nominations from you and other readers. It could be
someone who sells FOR you, or someone who sells TO you. Give us your single choice and reasons why.
Sales production counts, of course, but the nominees who make our final top 25 will be those who also display uncommon
resourcefulness, tenacity, determination and originality from prospecting to closing in a tough economy. To increase the
chances of your nominee making the Top 25, we ask that you be as specific as possible in citing the reasons for your nomination. Include the nominee’s sales figures in terms of dollar volume or units sold, if possible, or at least discuss his or her sales
production relative to peers. Provide anecdotes illustrating the nominee’s resourcefulness, tenacity, background, personal
growth, obstacles or other factors you deem relevant to the nomination. For example, what’s the most creative thing a salesperson did to land a meeting and a sale?
E-mail nominations by Nov. 24 to Editor Mike Cote at [email protected]
or Managing Editor Mike Taylor at [email protected]
6
November 2008
FEDERAL RACES IN COLORADO
US Senate, Mark Udall (D)
US House District #1 – Diana DeGette (D)
US House District #2 – Harid Polis (D)
US House District # 3 – J. John Salazar (D)
US House District # 4 – Betsy Markey (D)
US House District # 5 – Doug Lamborn (D)
US House District # 6 – Mike Coffman (R)
US House District # 7 – Ed Perlmutter (D)
COLORADO STATE HOUSE
OF REPRESENTATIVES
HD 1 (Arapahoe, Denver, Jefferson) – Jeanne Labuda (D)
HD 2 (Denver) – Mark Ferrandino (D)
HD 3 (Denver, Arapahoe) – Anne McGihon (D)
HD 4 (Denver) – Jerry Frangas (D)
HD 5 (Denver) – Joel Judd (D)
HD 6 (Arapahoe, Denver) – Lois Court (D)
HD 7 (Denver) – Terrance Carroll (D)
HD 8 (Denver) – Beth McCann (D)
HD 9 (Denver, Arapahoe) – Joe Miklosi (D)
HD 10 (Boulder) – Dickey Lee Hullinghorst (D)
HD 11 (Boulder) – Jack Pommer. (D)
HD 12 (Boulder) – Paul Weissmann (D)
HD 13 (Boulder, Clear Creek, Gilpin) – Claire Levy (D)
HD 14 (El Paso) – Kent Lambert (R)
HD 15 (El Paso) – Mark Waller (R)
HD 16 (El Paso) – Larry Liston (R)
HD 17 (El Paso) – Denis Apaun (D)
HD 18 (El Paso) – Michael Merrifield (D)
HD 19 (El Paso) – Marsha Looper (R)
HD 20 (El Paso) – Amy Stephens (R)
HD 21 (El Paso, Fremont) – Bob Gardner (R)
HD 22 (Jefferson) – Ken Summers (R)
HD 23 (Jefferson) – Gween Green (D)
HD 24 (Jefferson) – Sue Schafer (D)
HD 25 (Jefferson) – Cheri Gerou (R)
HD 26 (Jefferson) – Andy Kerr (D)
HD 27 (Jefferson) – Sara Gagliardi (D)
HD 28 (Jefferson) – Jim Kerr (R)
HD 29 (Jefferson) – Debbie Benefield (D)
HD 30 (Adams) – Kevin Priola (R)
HD 31 (Adams) – Judy Solano (D)
HD 32 (Adams) – Ed Casso (D)
HD 33 (Adams, Boulder, Broomfield, Weld) –
Dianne Primavera (D)
HD 34 (Adams) – John Soper (D)
HD 35 (Adams) – Cherylin Peniston (D)
HD 36 (Arapahoe) – Su Ryden (D)
HD 37 (Arapahoe) – Spencer Swalm (R)
HD 38 (Arapahoe, Jefferson) – Joe Rice (D)
HD 39 (Arapahoe) – David Balmer (R)
HD 40 (Arapahoe, Elbert) – Cindy Acree (R)
HD 41 (Arapahoe) – Nancy Todd (D)
HD 42 (Arapahoe) – Karen Middleton (D)
HD 43 (Douglas) – Frank McNulty (R)
November 2008
HD 44 (Douglas) – Mike May (R)
HD 45 (Douglas, Teller) – Carole Murray (R)
HD 46 (Pueblo) – Sal Pace (D)
HD 47 (Pueblo, Fremont) – Buffie McFadyen (D)
HD 48 (Weld) – Glenn Vaad (R)
HD 49 (Larimer, Weld) – Kevin Lundberg (R)
HD 50 (Weld) – Jim Riesberg (D)
HD 51 (Larimer) — Don Marostica (R)
HD 52 (Larimer) – John Kefalas (D)
HD 53 (Larimer) – Randy Fischer (D)
HD 54 (Delta, Mesa) – Steve King (R)
HD 55 (Mesa) – Kaura Bradfrod (R)
HD 56 (Eagle, Lake, Summit) – Christine Scanlan (D)
HD 57 (Garfield, Grand, Jackson, Moffat, Rio Blanco, Routt)
– Randy Baumgardner (R)
HD 58 (Delta, Dolores, Montezuma, Montrose, Ouray,
San Miguel) – Scott Tipton (R)
HD 59 (Archuleta, La Plata, Montezuma, San Juan) –
Ellen Roberts (R)
HD 60 (Chaffee, Custer, Fremont, Park, Pueblo, Saguache)
– Tom Massey (R)
HD 61 (Eagle, Garfield, Gunnison, Hinsdale, Pitkin) –
Kathleen Curry (D)
HD 62 (Conejos, Alamosa, Costilla, Huerfano, Mineral,
Pueblo, Rio Grande, Saguache) – Edward Vigil (D)
HD 63 (Adams, Cheyenne, Crowley, Kiowa, Kit Carson,
Lincoln, Morgan, Washington, Yuma)
– Cory Gardner (R)
HD 64 (Baca, Bent, Huerfano, Las Animas, Otero, Prowers)
– Wes McKinley (D)
HD 65 (Logan, Phillips, Sedgwick, Weld)
– Jerry Sonnenberg (R)
COLORADO SENATE
SD 4 (Douglas, El Paso, Lake, Park, Teller) –
Mark Scheffel (R)
SD 8 (Eagle, Garfield, Jackson, Moffat, Rio Blanco, Routt) –
Al White (R)
SD 10 (El Paso) – Bill Cadman (R)
SD 12 (El Paso) – Keith King (R)
SD 14 (Larimer) – Bob Bacon (D)
SD 16 (Boulder, Clear Creek, Gilpin, Grand, Summit,
Jefferson) – Dan Gibbs (D)
SD 17 (Boulder) – Brandon Shaffer (D)
SD 18 (Boulder) – Rollie Heath (D)
SD 19 (Jefferson) – Evie Hudak (D)
SD 21 (Jefferson) – Betty Boyd (D)
SD 23 (Adams, Broomfield, Weld) – Shawn Mitchell (R)
SD 25 (Adams) – Mary Hodge (D)
SD 26 (Arapahoe, Jefferson) – Linda Newell (D)
SD 27 (Arapahoe) – Nancy Spence (R)
SD 28 (Arapahoe, Denver) – Suzanne Williams (D)
SD 29 (Arapahoe) – Morgan Carroll (D)
SD 31 (Adams, Denver) – Jennifer Veiga (D)
SD 33 (Adams, Denver) – Peter Groff (D)
SD 35 (Arapahoe, Denver) – Joyce Foster (D)
7
BALLOT MEASURES
Amendment 46 – FAILED
Prohibition on Discrimination and Preferential
Treatment by Colorado Government: Would have
eliminated preferential treatment by the state on the basis of
race, sex, color, ethnicity or national origin for future public
employment, public education and public contracting. Exceptions included federal requirements and existing court orders.
(Right-to-Work) Prohibits any conditions of
employment that would have required labor union
membership or labor union dues. Voluntary labor union
membership and dues are still allowed. Applies to all future
union employment contracts and any renewals and extensions
of existing union employment contracts. Defines unions as all
organizations involved in labor negotiations with employers
and collective bargaining efforts.
Definition of Person: Amends the definition of a
person in Colorado statutes to include a human being
from the moment of fertilization.
Limitations on Public Payroll Deductions: Would
have eliminated payroll deductions that are collected
on behalf of public employees that go to 501(c)3 non-profit
organizations. Public employees impacted include higher education, state government, local government, school districts,
but does not include federal employees or privately contracted
employees. Charitable contributions are still permitted, but the
specific IRS code of 501(c)3 applies to organizations involved
in public policy advocacy and education. Generally speaking,
most business owners support this proposal.
Amendment 50 – PASSED
Limited Gaming : Allows gaming towns to increase
gaming limits to $100 and extend gaming hours at
their discretion. Directs all additional state revenues from
any changes to go to community colleges and the cities and
counties where gaming is allowed.
8
State Sales Tax for Services for Individuals with
Developmental Disabilities: Would have increased
the state retail sales tax, including taxes on tangible personal
property by one-tenth of one-percent in July of 2009 increasing to two-tenths of one-percent in July of 2010 to establish a
fund for services for children, adults and seniors with developmental disabilities. Most business owners oppose this new tax.
Severance Tax – Transportation: Would have reallocated existing severance tax revenues from mineral,
fuel and energy extraction in Colorado to include the establishment of a transportation fund that emphasizes improving
congestion on the I-70 corridor. Most business owners favor
this proposal over Gov. Ritter’s severance tax proposal.
Amendment 53 – due to sponsor action,
votes were not counted
Liability of Business Entities and Their Executive Officials
– Criminal Liability (Corporate Fraud): Creates a new class
of criminal offenses that would be committed if a business
executive knowingly fails to perform a specific act the law
requires a business to do. Executives included in the offense
are officers, directors, managing partners, managing members
and sole proprietors. An offense would be misdemeanor and
subject to corresponding fines and imprisonment. Establishes
that an affirmative defense can be raised by a defendant if he/
she reported the criminal failure to perform to the Attorney
General prior to being charged.
Amendment 54 – PASSED
Restrictions on Campaign Contributions from
Government Sole-Source Contractors: Prohibits
contributions by sole-source contract holders to political
candidates and parties during the term of the contract and
for two years following the completion of the contract. The
prohibition extends to family members and applies to direct
and indirect contributions. Only sole-source contracts over
$100,000 are included.
Just Cause for Employee Discharge or Suspension:
Prohibits terminating or suspending an employee without first
establishing “just cause” for the disciplinary action. Just cause
is defined as incompetence, substandard performance or
November 2008
2008 Colorado Ballot Races & Issues
neglect of assigned duties, repeated violations of an employer’s
written policies and procedures relating to job performance,
gross insubordination or willful misconduct that affects job
performance, conviction of a crime involving moral turpitude,
employer bankruptcy filing or economic circumstances that
directly and adversely affects the employer and is documented.
Protected employees or those who worked full-time for at least
six consecutive months in a business with at least 20 full-time
employees.
Employer Responsibility for Health Insurance: Requires all
employers in Colorado with 20 or more “regular” employees to provide major medical health care for all employees.
Employers would be allowed to directly provide health care,
or indirectly by paying into a new Health Insurance Authority
that would cover uninsured employees. To directly provide
health care an employer must pay no less than 80 percent of
the insurance premium for employees and no less than 70
percent of the premium for dependants. Premiums for indirect
insurance will be set at the discretion of the Authority. The
requirement would take effect no later than November of 2009.
Safe Workplaces: Requires employers to maintain a safe and
healthy work environment and allows injured employees to
file lawsuits in addition to any remedies available under the
workers’ compensation system. Allows employees to claim
monetary damages such as compensatory past and future
damages, punitive damages, and non-monetary damages
including, but not limited to pain and suffering, emotional
distress, inconvenience, mental anguish and loss of enjoyment
of life. Applies to businesses with 10 or more employees.
K-12 Educational Funding: Would have established
a savings account within the State Education Fund
created in 2000 by Amendment 23.
Referendums L – FAILED
Age Qualification for Serving in General Assembly:
Would have lowered the minimum age requirement
to serve in the Colorado General Assembly to 21 years old
when they take office.
Referendums M – PASSED
Elimination of Obsolete Constitutional Provisions Regarding Land Value Increase: Removes an
outdated arboreal planting land valuation program from the
constitution.
Referendums N – PASSED
Elimination of Obsolete Constitutional Provisions
Regarding Intoxicating Liquors: Removes outdated
prohibitions on the sale of liquor from the constitution.
Referendums O – FAILED
Initiative Petition Requirements: Would have
changed the petition signature requirements for citizen
initiatives. Changes to Colorado’s constitution will require more
signatures, and that those signatures must be equally gathered in
all seven of Colorado’s congressional districts.
Severance Tax for Education: Would have increased
the severance tax on oil and gas extracted in Colorado. The increased tax revenues will be directed to scholarships
to state universities and colleges, wildlife habitat preservation,
renewable energy projects and clean drinking water efforts.
The severance tax revenues will establish a permanent fund
that distributes them to the areas listed under the formula
specified in the Amendment.
November 2008
9
75th Anniversary
CADA CELEBRATES
DIAMOND ANNIVERSARY
(Above) The first state-wide gathering of a group of Colorado dealers in
1934 at the Shirley Savoy Hotel in Denver. (Below) Ed Eisenhauer of Grand
Junction, Hayes Holloway Sr, president of CADA, Clive Bradford, CADA
manager, and Sterling auto dealers Don Armstrong, Bill Pospicil and Hayes
Holloway Jr. gather
in 1962 at a CADA
meeting in Sterling.
(Below Left) A
board meeting of
CADA members
in the 1960s.
About the same time when gold and silver were still
being actively mined in Colorado, another gem was
uncovered in the Centenital State. In 1933 a group of
auto dealers banned together to form what is now the
Colorado Auto Dealers Association. While mining
may be a thing of the past in our state, CADA is still
going strong. The association was originally called
the Colorado Motor Car Dealers Association and
was formally incorporated in 1938. The name was
officially changed to Colorado Automobile Dealers
Association in 1942. Featured here are some images
from The Colorado Car Book by Bud Wells, longtime automotive repoter for The Denver Post and the
Rocky Mountain News newspapers.
(Left) At a Colorado
Springs CADA convention
were Jesse Boyce, Will McConnell and Robert Foss.
(Left) George McCaddon,
George Irvin, Allen Burt
and Russ Lyon played at
the annual golf event.
(Left) Attendees at the 1991 CADA convention
include (top row from left) Nan and Jerry Cash,
Sue and Pat Yerby, Trina and Alan Pfannenstiel,
(middle row from left) Ken and Jeannie Fritz
and Jess and Lorian Carraway, Jack and Gail
Sampson, (bottom row from left) Sharon and
Bill Wilcoxson, and John Clatworthy and Bill
Barrow. (Right) Bill Barrow served CADA from
1978 to 2005 in various leadership roles as
president and also served as EVP of MDADA.
Bill developed the modern Denver Auto Show.
10
November 2008
75th Anniversary
(Below) Attendees at the 1991 CADA convention pictured here
are (top row from left) Sandy and Hugh Tighe, Dean Dawson,
Krystyna and Swede Ehrlich, (middle row from left) Dean
Jones, Al and Martelle Smith, (bottom row from left) Gloria
Mauro and Steve Elliott, Veronica and Owen Faricy.
(Above) Attendees at the 1983 CADA convention pictured here are
(top row from left) Bill and Roseanne Garnsey, Bill and Susanne
Benway, (second row from left) Debi and John Medved, Linda
and Doug McDonald, (third row from left) Phil and Ann Winslow,
Valorie and Craig Fisher and Madelyn and Bob Fisher, (bottom
row from left) Verl and Darlene Vette, and Debbie and Paul Suss.
Annual Membership Meeting
Tuesday, Nov. 25, 2008
11 a.m. - Lunch Meeting (General Session)
Please arrive at 10:45 a.m.
JW Marriott Denver at Cherry Creek
150 Clayton Lane, Denver 80206
Keynote Speaker: Eric Chester, Generation Why
"How to Get Your Front Line to
Care About Your Bottom Line"
Attendees can register via
Phone: 303.831.1722
FAX: 303.831.9100
E-mail: [email protected]
Online: www.coloradodealers.org/registration
November 2008
11
From the NADA Director
NADA BOARD ELECTS JOHN McELENEY
AS 2009 CHAIRMAN
John P. McEleney was recently elected NADA’s chairman for 2009. McEleney, owner of
McEleney Autocenter, Inc., in Clinton, Iowa, and McEleney Autoplex, Inc., in Iowa City,
has been part of NADA’s leadership for the past five years and is the current vice chairman.
McEleney’s election comes amid economic turmoil and concerns about access to credit,
and he says he views the credit issue as one of NADA’s top priorities.
“It’s important for consumers to know that credit is available,”
McEleney said. “It may be a tough time for business, but it’s a great
time for consumers who have a stable job and solid credit scores.
There are plenty of incentives that lower costs. Dealers can help find
financing. And the quality of today’s vehicles is the best ever.”
Jeff Carlson
Glenwood Springs Ford
Colorado NADA Director
Chairman, NADA Convention
McEleney and
Tonkin will
officially take
office in
January after
an induction
ceremony
at the NADA
convention in
New Orleans.
12
McEleney joined his family’s car business after receiving a business administration
degree from the University of Notre Dame in 1973. He worked in the dealership in various
capacities—including sales consultant and body shop estimator—before becoming general
manager in 1976. His two stores in Iowa sell Chevrolet, Buick, Pontiac, GMC, Cadillac,
Toyota and Hyundai vehicles.
The NADA board of directors also elected Edward C. Tonkin as 2009 vice chairman.
Tonkin is vice president of Ron Tonkin Family of Dealerships in Portland, Ore., and
represents Oregon’s franchised new-car dealers on NADA’s board of directors. He became
an auto dealer in 1981 and an NADA member that same year.
“I am totally energized to represent the dealer body and take on the challenges we face
today,” Tonkin said.
The Tonkin dealerships sell and service Acura, Chevrolet, Dodge, Ferrari, Honda, Hyundai,
Kia, Lotus, Maserati, Mazda, Nissan, Scion and Toyota vehicles and Ducati motorcycles.
The election was held at NADA’s board of directors meeting last month in San Diego.
McEleney and Tonkin will officially take office in January after an induction ceremony at
the NADA convention in New Orleans.
Convention Golf Tournament Still Has Open Spots
Registration for the “Dealers for Charity” golf tournament in New Orleans is starting to
pick up, says Lin Peacock, vice president of NADA Insurance. The tournament, hosted by
NADA’s hole-in-one insurance partner, ACECO, is slated for Friday, Jan. 23, 2009, before
the opening of the NADA Convention and Exposition. Proceeds from the event will benefit
the Brees Dream Foundation, a charitable organization founded by New Orleans Saints
quarterback Drew Brees. The tournament, open exclusively to NADA members, will be
held at TPC Louisiana. Registration fees are $300 per
player. Participation is limited to the first 144 golfers
who sign up. The registration deadline is Nov. 9.
Visit www.ACECOinsurance.com and click on
the “Dealers for Charity” logo to sign up.
November 2008
NADA News
NADA has urged the federal government to implement the $700 billion economic rescue
plan as quickly as possible to ease the credit crisis, NADA Chairman Annette Sykora said last month when addressing the
Automotive Press Association in Detroit. “If the country can break the credit freeze on Wall Street, then [dealers] can help
revive the economy on Main Street,” she said. “The rescue package is designed to free up credit markets. But it’s too early
to know whether the fix will work. The credit crunch on Main Street is real.” The credit crisis and other economic factors
already have forced some auto dealers to close. “We’re likely to lose up to 700 dealerships this year,” Sykora said. “Some of
these [closings] stem from the challenges faced by the Detroit Three.” Before the financial crisis set in, some profitable dealers closed because the value of their land was high, she said, but many other closings are being driven by the real estate meltdown. (For the full text of Sykora’s speech to the Automotive Press Association in Detroit, contact NADA at 703.821.7121.)
NADA has begun a national campaign to promote “Itʼs a Good Time to Buy a Car.”
The following talking points should be used at every opportunity. NADA is using them with the national media and encourages
members to use them with state and local media.
• Yes, it’s a tough time for business, but it’s a great time for the consumer who has a stable job
and solid credit scores.
• It’s important for consumers to know credit is available. Don’t look to the headlines to
decide whether to buy a car. Look to your local dealer. Each market is different. Your local
dealer knows the market. And your local dealer can help get financing that meets your needs.
• The fact is, for many people this may be the best time to buy a car in years. There are
plenty of incentives to lower the costs. Dealers can help find financing. And the quality and
fuel-efficiency of today’s vehicles are the best ever.
• You’ve heard the saying “All politics is local.” The same is true for credit. All credit is local.
The dealer has access to multiple sources of financing, including many community banks
and credit unions that have plenty of money to lend. That’s why if you’re in the market for
a car, it’s important to go to your local dealership.
If you are currently receiving NADA Headlines in both the weekly fax and the daily e-mail
formats, you will no longer get the fax version after Oct. 28. NADA Headlines fax version is more
condensed than the daily e-mail and also does not offer the top industry news stories or NADA video reports found in the
e-mail version. This move will help cut paper waste as well as fax costs for NADA and its members. For those who are still
receiving NADA Headlines only in printed form — either by fax or regular mail — NADA encourages you to sign up for the
e-mail version and cancel the printed ones. Visit www.nada.org/Publications/NADA+Headlines to subscribe to the NADA
Headlines e-newsletter online. To cancel your fax or mail subscription, contact NADA membership at [email protected].
NADA Insurance is offering a new Identity Theft Insurance Plan to NADA members.
The plan will provide dealers and their employees with the financial resources needed in case they are implicated in an
identity theft incident. The wide use of data processing, electronic loan origination, e-signature and Web-based transactions
has dramatically increased the incidence of identity theft. Since 2005, more than 88 million Americans have been victims of
identity theft. “Identity theft is one of the fastest growing crimes in America,” says Lin Peacock, vice president of NADA
Insurance. The insurance plan covers the following identity theft expenses:
• Legal Liability
• Identity Theft Recovery Services
• Regulatory Action Expenses
• Defense Costs
• Notification Costs
• Crisis Expenses
“An identity theft case could cost your dealership hundreds of thousands of dollars and negatively
impact your dealership’s reputation,” Peacock added. The new plan also protects dealers and employees individually in case
a customer files a civil suit against specific employees. The plan’s coverage ranges from $100,000 to $5 million. For more
information or to apply for coverage, contact NADA Insurance at 888.302.4342, or go to www.nadainsurance.com.
November 2008
13
CADA Board of Directors & Staff
OFFICERS
Chair of the Board
Nancy Ariano
New Country Auto Center, Durango
Bill Wilcoxson
Wilcoxson Buick Cadillac GMC
Pueblo – District #9
Jim Morehart
Morehart Chevrolet
Durango – District #10
Vice Chair
Mike Faricy
The Faricy Boys, Colorado Springs
Secretary
Don Hicks
Shortline Auto, Denver
Treasurer
Don Gerbaz
Berthod Motors, Glenwood Springs
Robert Fuoco
Jim Fuoco Motor Company
Grand Junction – District #11
Steve Nilsson
Glenwood Springs – District #12
Jeff Carlson
Colorado NADA Director
Chairman, NADA Convention
Immediate Past Chair
Bob Ghent
Ghent Motor Co., Greeley
CADA STAFF
DIRECTORS
President
Tim Jackson
[email protected]
303.282.1448
Gregg Stone
Kuni Lexus
Englewood – District #1
Vice President
Tammi L. McCoy
[email protected]
303.282.1449
Jim Suss
Suss Buick Pontiac GMC
Aurora – District #2
John Schenden
Pro Chrysler Jeep
Thornton – District #3
Bond Coordinator
Linda Toteve
[email protected]
303.457.5122
Jack TerHar Jr
Sill TerHar Motors
Broomfield – District #4
Ed Tynan
Tynan’s Fort Collins Nissan-Kia-Saab
Ft. Collins – District #5
Wes Taber
Honda of Greeley
Greeley – District #6
Jon Lind
Burlington Ford Lincoln Mercury
Burlington – District #7
Elizabeth Daniels-Winston
Daniels Chevrolet
Colorado Springs – District #8
Insurance Services - Account Manager
Deb Lay
[email protected]
303.282.1453
Insurance Services - Account Manager
Bob Kogel
[email protected]
303.282.1457
Executive Assistant/Member Resources Coordinator
Lauren Stadler
[email protected]
303.457.5123
Services Coordinator
George Billings
[email protected]
303.457.5117
CADA Headquarters • William D. Barrow Building
290 E. Speer Blvd. • Denver, CO 80203
Phone: 303.831.1722 • Fax: 303.831.4205
14
November 2008
Calendar of Upcoming Events & Seminars
EVENT DESCRIPTION
MDADA Annual
Membership Meeting
Tuesday, Nov. 25
Denver
11 a.m. – Lunch
Meeting and General
Session
Red Flags and Safeguards/Privacy
Training by Paul Metrey, NADA
Regulatory Affairs
Friday, Jan. 9, 2009,
7:30 a.m.
Denver
Breakfast meeting
Annual Colorado Dealers
Legal Counsel Lunch and
Issues Briefing
Friday, January 9, 2009
Denver
Lunch included
11:30-1:30
Information has been mailed
to members.
NADA Convention & Exposition
LOCATION
DATE/TIME
JW Marriot Denver at Cherry Creek
150 Clayton Lane
Denver 80206
Attendees can register through
CADA via Phone: 303.831.1722,
FAX: 303.831.9100, or E-mail:
[email protected]
William D. Barrow Building
(CADA/MDADA Headquarters)
290 E. Speer Blvd
(SW Corner of Grant/Speer)
Phone: 303.831.1722
Briefing/update on upcoming
legislative session, compliance and
regulatory matters, and Red Flags/
Safeguards overview from Paul
Metrey, NADA Regulatory Affairs
Baur’s Restaurant
www.baursdenver.com
1512 Curtis Street
Denver 80202
Jan. 24-27, 2009
New Orleans
New Orleans Morial
Convention Center
For more information,
go to http://expo.nada.org/
Denver International Auto Show
Wednesday, April 1
to Sunday, April 5,
2009
Colorado Convention Center
700 14th Street
Denver 80202
Save the date; more details and a
registration will be available soon!
CADA Annual Member Golf Event
Monday, Aug. 24, 2009
Glenmoor Country Club
110 Glenmoor Drive
Cherry Hills Village, 80113
303.781.3000
www.glenmoorcc.org
Save the date!
12 Noon Shotgun Start
To register online
for any CADA seminar
or event, please visit:
www.coloradodealers.org/registration
November 2008
15
Fixed-Ops Growth Strategies State-Wide Seminars
FIXED-OPS GROWTH STRATEGIES
Traditional Thinking Will NOT Bring You New Service Customers
Plan to attend one of these information-packed, thought-provoking, business-changing workshops by a highly renowned consultant,
Don Tipton, who has presented for many state dealer associations and 20-Groups.
✔ Your service department is already perceived to be “high-prices” and “inconvenient,” especially to
customers with older, high mileage, or out-of-warranty vehicles. Traditional pricing and customer handling procedures just
tend to reinforce this persecution.
✔ Your old performance indicators and benchmarks may be in the way. You may be achieving short-tem profit gain at the
expense of long-term customer traffic growth.
✔ It is time to create a new image and find innovative ways to provide service that drives sales and create an environment
that attracts customers...instead of marketing to drive customers.
To register for any of these seminars, go to
www.coloradodealers.org/registration
Colorado Springs*
Tuesday, Dec. 9
8 to 10:30 a.m.
Antlers Hilton Hotel, 4 South Cascade Ave.
Colorado Springs, CO 80903, 719.955.5600
*Colorado Springs dealers should register with CSADA, Ann Winslow,
719.473.1465 or [email protected]
Pueblo
Tuesday, Dec. 9
Noon to 2:30 p.m.
Pueblo Convention Center, 320 Central Main Street
Pueblo, CO 81003, 719.542.1100
Loveland
Wednesday, Dec. 10
7:30 to 10 a.m.
Best Western Crossroads Inn & Conference Center
5542 E. US Highway 34, Loveland, CO 80537, 970.667.7810
Denver
Wednesday, Dec. 10
Noon to 2:30 p.m.
William D. Barrow Building, CADA Headquarters
290 E. Speer Blvd. Denver, CO 80203, 303.831.1722
Glenwood Springs
Thursday, Dec. 11
7:30 to 10 a.m.
Hotel Colorado, 26 Pine Street
Glenwood Springs, CO 81601, 800.544.3998
Grand Junction
Thursday, Dec. 11
12:30 to 3 p.m.
Doubletree Hotel, 743 Horizon Drive
Grand Junction, CO 81506, 970.241.888
AUTO INDUSTRY RESOURCES
•
•
•
Auto Industry Division: 303.205.5746, www.coloradodealers.org/AID
Titles/Registration: 303.205.5608, www.coloradodealers.org/TITLESandREG
Department of Revenue Taxation: www.revenue.state.co.us/tps_dir/home.asp
Bulletin questions or comments? If you have questions about items in this newsletter or suggestions for future
articles, please contact Lauren Stadler at 303.457.5123 or e-mail to [email protected].
DISCLAIMER: CADA IS NOT AUTHORIZED TO DISPENSE LEGAL ADVICE. THE INFORMATION CONTAINED IN THIS NEWSLETTER IS FOR INFORMATIONAL PURPOSES ONLY. CADA ADVISES THAT DEALERS CONSULT LEGAL COUNSEL ON THE SPECIFICS OF ANY LAW OR REGULATION TO
ENSURE FULL COMPLIANCE.

November 2008

Transcription

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