IADA Holds President's Club Appreciation Event in Conjunction with Spring Board Meeting & Reception 

Rep. Nicole LaHa & John Alfirevich

Last week, IADA welcomed all our Illinois dealers who are members of the NADA President’s Club along with our Board of Directors.  A cocktail hour and program was hosted at the Lincoln Presidential Library and Museum. Paul Metrey, NADA Executive VP of Public Policy and Gary Gilchrist, 2024 NADA Chairman, addressed the members and then the museum was open exclusively for Illinois President's Club donors.  The event was designed to thank all our dealers who participate at a high level to support the legislative efforts of NADA.

Click here for a short video on the importance of "being in the game" to defend our dealership franchise model.

Rep. Amy Elik & Jamie Auffenberg

IADA offers our sincere thanks to all dealers who participate and support both our State IADA and National NADA PACs. We offer special gratitude to Jamie Auffenberg, Auffenberg Auto Mall, Shiloh and Ryan Gremore, O’Brien Auto Group, Bloomington, who serve as NADA National PAC Director and NADA IL Director, respectively.

IADA also held our Annual Spring Board of Director meeting and reception the following day at our Association Office.  The Reception is a nice way for us to thank the state legislators, staff and other government agency personnel for their support of our efforts throughout the year.  Thanks to all our Directors who offer their time and efforts to steer IADA in the direction to best support and strengthen the dealership franchise model!

Motor Vehicle Review Board Finalizes Decision In Favor of Dealers on Ford Model e Protest.  Decision Is a Home Run for Dealers!

Today, the Motor Vehicle Review Board Hearing Officer issued a final Decision in favor of the protesting dealers, and in addition, required Ford to reimburse all legal fees involved with the case. 

Your State Association funded and coordinated the Ford dealer Model e protest through the IADA Legal Defense Fund, strongly supporting the protesting Ford dealers who challenged Ford’s attempt to usurp the dealers’ role in selling vehicles by:

  • Requiring dealers to route EV advertising, sales, and service appointments through the OEM website
  • Requiring non-negotiable pricing on EV sales and trade-in valuations; and
  • Requiring dealers to purchase and install expensive EV chargers for public use, including during non-business hours. 

In short, Ford Motor Company attempted to take over dealership functions and turn its dealers into delivery points.  

The Illinois protest is one of the first challenges to the Model e program to reach a decision and will help “set the market” for the rest of the country.  Other manufacturers have been closely watching this protest for potential ways to take over dealer functions.  IADA funded this protest to maintain hard-earned dealer rights under the Motor Vehicle Franchise Act for Ford dealers as well as dealers representing other line makes.  

With your membership, and equally important, your partnership in our Association programs like IADA-CVR and others, we are able to reinvest back in our Illinois dealership industry by supporting dealers who stand up for their rights under the Motor Vehicle Franchise Act.  Thank you for your support. 

Motor Vehicle Review Board Rules In Favor of Dealers on Right of First Refusal

The Motor Vehicle Review Board also finalized the hearing officer's decision regarding Mercedes-Benz's attempt to circumvent the Right of First Refusal. 

In our January 30, 2024, bulletin, we reported on Mercedes-Benz’s attempt to do an end-around the Motor Vehicle Review Board hearing process created under the Illinois Motor Vehicle Franchise Act.  In Mercedes-Benz USA, LLC v. JP Motors, Inc., 2023 U.S. Dist. Lexis 211132), Mercedes-Benz exercised a right of first refusal (ROFR) upon a dealer who was selling a combined Mercedes-Benz/Nissan/Chevrolet store and demanded that the seller apportion the percentage of the selling price that was attributable to the Mercedes franchise.

The U.S. District Court judge abstained from hearing the case, holding that the dispute was a matter of state law interpretation that should properly be heard by the Illinois Motor Vehicle Review Board.  After the dispute was remanded to the Board, the matter was litigated, and the Hearing Officer’s decision provides Illinois dealers with another resounding success.  The decision is now final.  (Read the full report)

Legislation sponsored by IADA created the Motor Vehicle Review Board to preside over disputes under the Illinois Motor Vehicle Franchise Act.  The Board hearing officers have expertise in the act, which is a specialized area of Illinois law, and the creation of the Board has provided an efficient means for dealers to seek resolution of Motor Vehicle Franchise Act disputes.  This Mercedes-Benz protest is another case where a dealer has been able to stand up for his statutory rights against overbearing manufacturer actions. 

Final Weeks of the 2024 Spring Legislative Session

As we approach the final two weeks of the 2024 spring legislative session, both chambers have indicated that the Spring Session may extend past the original May 24 adjournment date as the General Assembly and the Governor attempt to hammer out a budget deal. 

The Governor’s Office of Management and Budget (GOMB) recently increased FY24 revenue projections by $250 million despite shortfalls in tax collections, offset by better-than-expected federal revenues and other sources. Looking ahead, GOMB forecasts a potential revenue increase of $295 million for FY25 if the General Assembly approves $1 billion in new taxes proposed by the Governor. Without this, a $700 million deficit looms in the state budget.

Measures like capping the retailer’s discount for collecting sales tax are central to the Governor's budget proposal, which we strongly oppose due to its detrimental impact on businesses. These fiscal strategies, aimed at filling budget gaps, could hinder economic stability and growth.

In anticipation of a potential shortfall, the Governor has directed State agencies to prepare for up to $800 million in cuts, focusing on grant programs and discretionary spending. This approach underscores a critical need for cautious fiscal management without overburdening businesses.

As we continue to track these developments, we remain critical of measures that impose undue tax burdens on businesses to compensate for governmental spending. We are committed to informing our members about these crucial budgetary discussions and their implications for our industry. Stay connected for ongoing updates as we navigate these decisive final weeks of the legislative session.

 

Retail Discount/Vendor Collection Allowance Update Amid Budget Negotiations

As we continue to monitor legislative developments that impact our industry, we want to inform you about HB 4071, which will undergo a subject matter hearing in the House Revenue Committee on May 14th. This bill proposes creating the Working Families Fund, financed partly by capping the vendor discount—the rebate retailers receive for collecting sales tax—to $1,000 per calendar year. According to the Governor's Office, this significant change from current practices aims to generate an estimated $100 million in new revenue for the State.

Although no vote will occur at this hearing, the discussions will play a vital role in shaping legislative and public perspectives on the bill’s impact, particularly as the legislature races to finalize the State budget in the coming two weeks.

The Illinois Automobile Dealers Association (IADA) strongly opposes the proposed cap on vendor discounts, as it would negatively impact the financial stability of dealers and have broader harmful effects on the state's economy. By reducing the rebate dealers receive for collecting sales tax, this cap would increase operational costs and potentially lead to higher prices for consumers. 

Despite opposition to the bill, the need to address budget shortfalls may lead legislators to consider this and other revenue-raising measures. We believe this approach is wrong for business and will continue to advocate against it for our members.

 

Update on the "Junk Fee" Legislation, HB 4629

We want to inform you about the ongoing developments regarding HB 4629, also known as the "Junk Fee" bill. Scheduled for discussion last week in the Senate Judiciary Committee, the bill faced significant opposition and unresolved issues, leading to another vote postponement. Proponents of the bill are actively working on drafting an amendment that addresses the concerns but has yet to succeed.

The Illinois Automobile Dealers Association (IADA) continues to oppose the bill in its current form, particularly due to its implications for documentary service fees (DOC fees). DOC fees are essential to our operations, covering administrative costs related to compliance with state and federal regulations on vehicle sales. Any legislation that impacts these fees could harm our industry's efficiency and cost structure.

We are closely monitoring the situation and will actively oppose any amendments that adversely affect DOC fees. Our commitment remains vital in ensuring that legislative changes do not undermine the financial health of our dealerships and the broader automotive industry. We will provide further updates as more developments occur, ensuring you are well-informed on this critical issue.

IADA Offers Dealerships an EV Charging Program

For a unique way to complete the EV selling process, offer your customers assistance with their home charging.  Provide one-stop shopping at your dealership.  

For 75 years, Schumacher has been known for delivering innovative products of exceptional quality at great value.  Now, when it comes to EV charging, Schumacher offers home units with superior power and excellent design.

For more details, contact the Program Director, Kurt Stuckenbrock at kmsmetrosales@gmail.com

 

 

Register now for a VSC Boot Camp! 

In appreciation for your support of IADA, we are offering an exclusive Vehicle Service Contract workshop presented by Ethos Group. 

Choose from two convenient dates: May 22nd or May 23rd. Sessions will begin at 9 am and conclude by 1:30 pm on both days. 

Prepare for a world-class presentation experience; master the art of handling objections, and learn the secrets to captivating your customer’s attention.

Click here to register!

The Next CVR Training Seminar is May 16th

An important part of the IADA-CVR program is to offer continued training to ensure you have all the tools to best manage your title and registration process.  CVR continues hosting training bootcamps in multiple areas across the state throughout 2024. These sessions are an opportunity to learn from our subject-matter experts at CVR, the premier provider of electronic title and registration services.

Next class will be held at:
Hampton Inn Carbondale - 2175 Reed Station Parkway, Carbondale IL 62901

Email your request to il@cvrreg.com or contact your Account Executive to attend.

NADA Webinar: Clean Vehicle Tax Credits and IRS Energy Credits Online

Thursday, May 16, 1-1:45pm CST

Learn how to provide clean energy tax credits to your customers at the time of sale. Get a refresher on registering for IRS Energy Credits Online. Learn how to navigate the system, register for advanced payments, and submit time-of-sale reports. Officials will also provide an update on the adoption of the program since it launched on the first of the year. REGISTER.