News Letter 2007 02

M. A. SMITH

A PROFESSIONAL LAW CORPORATION

MASAPLC.COM

Michael A. Smith, Attorney at Law

E-mail: masaplc@hotmail.com

319 E. Foothill Blvd., #C Voice - (626) 357-1177

Arcadia, CA 91006 Facsimile - (626) 357-4588

February 2007 No. 20

Car-key Replacement: SB1542 will make it easier for newer vehicle owners whose chip encoded keys are lost, stolen or broken to obtain replacements from manufacturers.

Emergency Vehicles: SB1610 requires drivers approaching a stationary, authorized, emergency vehicle or tow-truck with its siren or emergency lights activated to move into an available lane at least two lanes away from the emergency. If such a move is not safe, practical or legal, the driver must slow to a reasonable and prudent speed.

Right of Way: SB1021 requires the DMV driver handbook and traffic-violator school curriculums to include information on respecting the right-of-way of others; specifically pedestrians, cyclists and motorcyclists. It increases fines for right-of-way violations resulting in bodily injury or great bodily injury.

Wireless Telephones: SB1613 prohibits the use of handheld cellular telephones while driving. Starting July 01, 2008, drivers may use a cell phone only if it has a hands-free listening and speaking system.

Smog Check: AB1870 vehicles emitting visible smoke from the tailpipe or crankcase during a smog inspection will fail testing.

Driver Assessment: AB2542 requires the DMV to implement its evaluation system for identifying drivers with medical problems and functional limitations. Westways, Auto Club of America

The driver of a vehicle is responsible for passengers wearing their seat belt. If stopped and a passenger (even an adult) is not wearing a safety belt, the driver will be cited.

When you or your accountant prepare your 2006 federal tax return do not overlook the federal excise tax refund credit. Claim it on line 71 of form 1040. A similar line will be available if you file form 1040A. If you no longer file tax returns AND have your own land line phone AND have been paying a phone bill for years, make sure you complete form 1040EZ-T.

The federal excise tax is an old tax, assessed on toll calls. It was based on the distance the call was made and how much time you talked. With the onset of flat fee phone service, challenges to the excise tax ended up in federal court. The challenges pointed out, flat fee phone service had nothing to do with the distance and the length of calls. Therefore, the tax should not be assessed. Hence a credit. Thanks Don C.

The cost of living in CA is draining us. In 2005, more people left CA for other states than the number of people moving here; the outflow is expected to continue, for the foreseeable future. This outflow, however, is considered small. As the most populous state and the capital of the west, CA is experiencing an outward migration more about maturation than decline. CA’s population is still on the increase due to a surplus of births over deaths and because of foreign immigration. Thanks Fred C.

In September 2002, the McDonald Corporation (MCD) announced it would lower trans fats (TF) in its cooking oils. They said the switch would be complete in five months. In February 2003, they announced there would be a delay.

BanTransFats.com filed suit against MCD, alleging the company neither disclosed it had not switched to a healthier cooking oil nor adequately informed consumers of the delay. MCD will pay $8.5 million to settle the suit; $7 million to the American Heart Assoc. to educate the public about TF; $1.5 million in publicizing non-compliance; and $7,500 each to BanTransFats.com and Katherine Fettke. Thanks Fred C.

If you get a call and your caller ID says 859-283-3673 or 859-283-3678 and you hear an automated message telling you to call 1-800-388-2200, hang up. It is a scam. The message claims to be from CitiCards but CitiBank does not have a subsidiary called CitiCards. They will ask for your credit card account number and may ask for your mother’s maiden name or even your social security number. Be aware! These people are not CitiBank. Thanks Fred C.

If you get an e-mail from Social Security (SS) with the subject line “Cost-of-Living for 2007 Update,” you would do best not to open it. However, if you do, it will say, “NOTE” we now need you to update your personal information” and goes on to say SS, “Will be forced to suspend your account indefinitely” if you do not comply.

Clicking on the link in the e-mail will take you to a website designed to look like SSA’s home page where you will be asked to provide your SS number, bank account and credit card information.

This is an internet “phishing” scam where con artists develop realistic web pages in an attempt to steal your personal information and money. DO NOT OPEN THIS E-MAIL or any others purporting to be from the SSA. Remember SSA does not contact people by e-mail. Contact SSA’s inspector general at (800) 269-0271. Thanks Fred C.

Class-action status was granted to a lawsuit filed on behalf of more than 700 female employees at Costco claiming the retailer systematically discriminated against women seeking jobs as managers. It is alleged, Costco discriminated against women in promotions because 13 percent of the company’s store managers are women, while nearly half its employees are women. Status change was granted because plaintiffs presented strong evidence of a common culture which is a disadvantage to women. Thanks Fred C.

Exercise will not only buff you out now but it may keep you alive later. Italians in their 70s and 80s who engaged in vigorous activity earlier in life scored better on fitness tests than those who were not as active.

Honey is composed of fructose, glucose and water. It gets its nutritional boost from minerals, vitamins, enzymes and amino acids. and, research is finding honey contains a good dose of antioxidants as well, which means it could be a healthy alternative to refined sweeteners. The darker varieties offer the most antioxidants.

For years, coffee has been shown to be a guilty pleasure and a major health hazard. Scientific evidence now supports the notion that moderate coffee consumption offers a number of “perks” for the body and brain.

Coffee may not be classified as a health elixir, but since it is made by brewing beans, there is no denying it is a plant-based beverage. Like other plant foods, including fruits and vegetables, coffee is rich in disease-fighting antioxidants. While antioxidants in fruits, vegetables, beans, berries and nuts are higher than those in a cup of coffee, most Americans do not eat beans and berries regularly enough to derive the disease-fighting benefits. We do, however, drink plenty of coffee. According to the National Coffee Association, more than 80 percent of adults consume coffee at least occasionally, and over half the population drinks it on a daily basis.

Coffee’s greatest claim to fame may be its ability to boost brainpower. After a jolt of java, individuals tended to do better on tests measuring concentration, memory and learning.

Coffee may have even greater benefits on the human brain, protecting it from degenerative disorders leading to dementia. Recent studies suggest habitual coffee drinkers have a lower risk for Alzheimer’s and Parkinson’s disease than those who abstain. It also appears to offer a measure of cancer protection. Thanks Fred C.

Since July 2004, California workers have been able to file for benefits under the state’s groundbreaking paid family-leave program. The program allows workers to take time off to be with a newborn baby, to get to know an adopted child or to care for an ill family member. The benefit comes from employee payroll taxes so anyone who has paid into that pool is eligible for family leave.

While thousands of fathers have taken leave, it remains underused, particularly among new fathers. Most workers are unaware of the program. Some do not use it because the state pays only 55 percent of their salary during the six-week leave. Many employers are unaware of the program.

Statewide, only 29 percent of workers know about the program, according to a survey by UCLA’s Institute of Industrial Relations.

New mothers are the most likely to use family leave; many tack it on to their six or eight weeks of traditional maternity leave. And with people living longer, the program is expected to become more of an option for baby boomers caring for aging parents.

Under the law, the state pays 55 percent of a person’s salary, up to $882 per week. There is a risk: employers are not required to hold your job if you take the leave.

For more information on California’s paid family-leave program, visit www.edd.ca.gov or call (877) 238-4373. Thanks Fred C.

Effective January 23, 2007, the Department of Homeland Security (DHS) and the U.S. Department of State have announced citizens and nonimmigrant aliens from Canada, Mexico and Bermuda must present a passport to enter the U.S. when arriving by air from any part of the Western Hemisphere. This requirement is designed to strengthen border security by designating verifiable, secure documents that may be used at air ports of entry. The requirement does not currently apply to travel by land or sea. The passport requirement applies regardless of age. Thanks Fred C.

Toronto scientists say they have proof the body’s nervous system helps trigger diabetes, opening the door to a potential near-cure of the disease. Diabetic mice became healthy overnight after researchers injected a substance to counteract the effect of malfunctioning pain neurons in the pancreas.

Researchers caution they must confirm their findings in people, but expect results from human studies in a year or so; and, any treatment that may emerge to help at least some patients would likely be years away from hitting the market.Thanks Fred C.

What do you do if you are traveling and need access to your medical records? Prepare yourself by asking your doctor’s office to download the information to a USB drive. if you need medical attention on the road, you can quickly and easily provide a local medical facility with your latest diagnostic test results and information on medications and insurance coverage. Another option is to scan the records into your computer and e-mail the information to yourself. Travel, Nov/Dec 2006

Wine lovers visiting Monterey can board the Monterey-Salinas Transit’s Carmel Valley Grapevine Express to visit wineries and tasting rooms. The bus runs hourly, Friday through Sunday, between the Monterey Bay Aquarium and Carmel Valley Village. Aficionados can sample the wares at some of the 11 wineries and tasting rooms along the way, and leave the driving to the bus driver. A daily pass is $5.40. Call (888) 678-2871 or visit mst.org for more information. Travel, Nov/Dec 2006