BizLawBuz …. The Power of Know

It’s that time of the year again in the village of Wolverine Lake to “tell tall fishing tales” and it’s also “time to show your buddies the one that didn’t get away… and for kids of all ages to hook a nice prize ………”

Wright Penning & Beamer is pleased to be one of the sponsors this year of this fun event for both adults and children on Saturday, August 28th from 6 a.m. until 11 a.m. Prizes awarded during the Festival on September 12, 2010.

“The goal is for adults to take a child out on the lake and spend quality time together,” said Parks and Recreation Board member and fishing tournament organizer Phil Peters.

The “catch-and-release” contest is a tradition in the village, when residents go out in droves to fish for the largest catch of the day.

“You should see the expression on their faces when these kids weigh and measure their fish,” Peters said. “It’s priceless.”

Participants are directed to weigh in their catches at the state Department of Natural Resources and Environment (DNRE) boat ramp behind the village offices or on committee boats anchored in the lake. Yellow flags identify the DNRE weigh-in site and the committee boats. Tournament boats will be situated on Wolverine Lake at the Benstein Road end and another at the Penny Lake arm. Weigh in will be held from 7 a.m. until noon at the DNRE boat ramp; and 8 a.m. until 11 a.m. on tournament boats.

Residents are required to register for the event. The cost is $2 for children and $4 for participants 18 and older. Non-residents pay $3 for children and $7 for adults.

Fish caught must meet DNRE size and weight requirements. Winners are based on the largest fish in various categories according to weight. This year there are eight categories: bass, pike, walleye, pan fish (including sunfish and pumpkin seed), perch, crappie, and the most unusual fish.

Participants are divided into age groupings of 1-7 years of age; 8-12; 12-17, and 18-adult.

First-, second- and third-place prizes are awarded in all categories for participants 17 and under, and one first-place prize will be awarded to the winner of the adult categories.

“I try to get prizes that fit into each age bracket,” Peters said.

Grand prize winners will be published on the village website and listed at the village offices.

Awards will be presented at the village corn roast festival scheduled for September 12th.

The village is encouraging prize donations and volunteers to support the program.

Go out and have a great time and be sure to share some of your stories with us!

Dirk A. Beamer

Still wondering how the federal Patient Protection and Affordable Care Act (”PPACA”) will affect you or your business? Not sure what changes you may need to implement to avoid penalties? You’re not alone. While the nation attempts to navigate the overhaul of the health care system, here are a few key points to help you understand some aspects of this complex law:

Dependent Coverage
For all employer-sponsored health care plans that provide coverage to dependent children of covered employees, PPACA will now require that the dependents’ coverage continue until the dependents turn 26 years old. This requirement is effective for all plan years beginning on or after September 23, 2010.

Penalties for Individuals
Starting January 1, 2014, individuals will incur a penalty for each month that they do not have health insurance coverage. In 2014, that penalty cannot exceed $95 for the year. In 2015 and 2016, the maximum penalty increases to $325 and $695, respectively, for each year.

Penalties for Large Employers
PPACA defines a “large” employer as one that employs 50 or more full-time employees working 30 or more hours per week. Large employers must offer “acceptable” health care insurance to employees starting January 1, 2014, or face penalties. “Acceptable” coverage means coverage that is affordable to the employee.

If a large employer does not provide any coverage, and for that reason an employee qualifies for a subsidy (or “premium credit”), the employer faces a monthly penalty, calculated as follows:
No. of full-time employees – 30 x $166.66 = Monthly Penalty
The $166.66 represents 1/12 of $2,000.

If a large employer does not provide “affordable” health insurance coverage, the monthly penalty assessed for each full-time employee that qualifies for a subsidy because of the lack of affordable coverage is 1/12 of $3,000. This penalty is not based on the number of full-time employees; only the number of employees that qualify for a subsidy.

It is still unclear whether the penalties imposed by PPACA might still be less than the cost of providing acceptable health care insurance, as some critics of the law have suggested.

Julie Pfitzenmaier

Michigan’s New Law and Fines On Texting While Driving in Michigan

Accidents attributed to distracted driving
With a tremendous amount of hoopla, Michigan’s law banning texting while driving took effect this past July 1, 2010. In so doing, Michigan joined somewhere between 14 and 23 states (the reported numbers vary widely) and the District of Columbia, that have taken this approach in an effort to deal with the growing problem of distracted drivers. A summer 2009 study by the Virginia Tech Transportation Institute found that the act of writing a text message while driving substantially increased the chances of becoming involved in an accident. According to figures published by the National Highway Traffic Safety Administration, accidents resulting from some form of distracted driving resulted in 6,000 deaths and 500,000 injuries in 2008. Overall, distracted drivers accounted for almost 80% of all accidents and 65% of near accidents, nation wide. Here in Michigan, some 3,315 accidents were attributed to distracted driving in 2009, with 900 of those specifically linked to some sort of cell phone use.

The new Michigan Vehicle Code
Despite the media attention, reports of that which the law allows, and that which the law prohibits, have varied widely. It’s not all that long and complicated, so I thought it worth while to reprint it here, in its entirety. The law, now part of the Michigan Vehicle Code, can be found at Michigan Compiled Laws Section 257.602b.

257.602b.
Use of wireless 2-way communication device for text messages while operating motor vehicle; local regulation; penalties

Sec. 602b. (1) Except as otherwise provided in this section, a person shall not read, manually type, or send a text message on a wireless 2-way communication device that is located in the person’s hand or in the person’s lap, including a wireless telephone used in cellular telephone service or personal communication service, while operating a motor vehicle that is moving on a highway or street in this state. As used in this subsection, a wireless 2-way communication device does not include a global positioning or navigation system that is affixed to the motor vehicle.

(2) Subsection (1) does not apply to an individual who is using a device described in subsection (1) to do any of the following:

• (a) Report a traffic accident, medical emergency, or serious road hazard.
• (b) Report a situation in which the person believes his or her personal safety is in jeopardy.
• (c) Report or avert the perpetration or potential perpetration of a criminal act against the individual or another person.
• (d) Carry out official duties as a police officer, law enforcement official, member of a paid or volunteer fire department, or operator of an emergency vehicle.

(3) An individual who violates this section is responsible for a civil infraction and shall be ordered to pay a civil fine as follows:

(a) For a first violation, $100.00.
(b) For a second or subsequent violation, $200.00.

(4) This section supersedes all local ordinances regulating the use of a communications device while operating a motor vehicle in motion on a highway or street, except that a unit of local government may adopt an ordinance or enforce an existing ordinance substantially corresponding to this section.

Distracted drivers scare the daylights out of me
Is the law working? It’s too early to tell. I do know this. As someone who rides a motorcycle, distracted drivers scare the daylights out of me. On a motorcycle, I am pretty much at eye level with drivers, and can easily see what they are doing. Just this past weekend, on a trip to the west side of the state, I encountered numerous erratic drivers; you know the ones, driving too slow, too fast, drifting in and out of their lanes, and so on. In every instance, the driver was either talking on a cell phone or texting while driving. Very scary stuff.

The prohibition couldn’t be simpler: don’t read, type or send text messages while driving.

Duane L. Reynolds