A little groundhog has told us to expect another six weeks of winter! Already a tough season, many of us experienced firsthand or saw news coverage of winter storms bringing cities and counties to a virtual standstill. Whether you live in a winter weather state or are just visiting, snow and other winter weather can drastically effect your ability to get around and keep to your plans. Learning some basic driving safety measures and coping tips can help alleviate some of the aggravation. Also, although varying by state, understanding winter related laws or ways laws are interpreted to include winter conditions is vital to enjoying a safe winter. Below is some safety information we hope you find useful and keeps you safe and warm this winter.

Winter Driving Safety & Tips

Winter Inspection: Prepare you car ahead of time for winter road conditions. Check the levels of antifreeze, oil and wiper fluid. Examine your windshield wipers for wear and replace them if necessary.

Got Wheels? Review your tire tread. If you get snow tires or studs, get your appointment scheduled before the tire stores are inundated. If you are in a state where you may use chains or cables, inspect these when you pull them out of storage. Take time to review how to put them on before the snow comes.

Journey Prep: Before driving out into a winter wonderland, make sure you are prepared. Clear you car of any snow and ice so you can see clearly - this includes any snow around your headlights and break lights. How much gas is in the tank? If you are getting low, plan your route to make this your first stop. Stop and consider your physical condition, are you awake and alert?

WEK: Don't be weak - have an Winter Emergency Kit! Some items to include in your kit are:

• First Aid Kit T
• Travel Tool Kit
• Blanket(s)
• Gloves, Hat, Scarf, Sweatshirt, etc.
• Jumper Cables
• Flashlight and Spare Batteries
• Road Flares
• Matches
• Sand and/or Salt
• Ice Scraper and Snow Brush
• Small Shovel
• Water
• Energy Bars or Other High Calorie Foods (Nonperishable)
• Cell Phone and Charger

Dress for Success: As we hop from one heated building to the next, we don't often consider how we are dressed for the winter weather. Adjust your wardrobe for unexpected winter weather. If you insist on traveling in the car in flip flops because the are comfy, make sure you pack thick socks and hiking boots in the back seat in case your car does break down. Dress in layers and have spare gloves, a hat, and a scarf in the car.

Know before you go! Check for road condition updates and possible closures. Before driving in winter weather make certain to check the local forecast. Some of the key weather words are:

S-L-O-W: Everything slows down: accelerate slower, brake slowly, turn slowly, and travel at slower speeds. Enter the time warp willingly and keep your patience and wits about you. Trying to rush through anything during poor winter weather is the number one reason people slide off roads or skid into other cars.

Personal Bubble: Allow those around you plenty of space. Do not crowd other cars and increase the car lengths between you and the next car.

It's Ice Ice Baby! If there is ice rain the best option is not to be on the road period. But there are other patches of ice and black ice that may pop up when you consider the roads drivable again. Keep in mind that ice forms quickest on bridges and overpasses. Also, as the temperatures begin to rise the thawing ice will be much slicker as it melts. If you see the ice ahead of time keep your speed slow. DO NOT hit the breaks! If you suddenly can't hear the road, often the case if you hit black ice, continue forward and take your foot off the accelerator. DO NOT hit the breaks!

Look Up! Many times the winter weather makes us concentrate on the road in front of us so much that we forget to look ahead. During this weather is exactly when you should be looking up and ahead; look farther then you may normally. This will give you more time to react to possible sliding cars or hazards in front of you.

Keep it on Main Street: Plan your routes on main roads. These will be traveled more and are the first to be cleared and sanded.

Share the Road: Give plows and sanders plenty of space. Three car lengths is the standard suggestion. Be patient, many will get over to let traffic pass. Always pass with extreme caution and never pass them on the right as that is where all the sludge is going!

Double Your Time: As a general rule, double your travel time for all your commutes and usual destinations.

Tell Your Peeps: Let others know of your travel plans - especially for long distances or during a weather event. Let either family or friends know where your are going and the route you expect to take.

No Cruising: As you shouldn't in heavy rain, do not use cruise control on winter roads. If you begin to slide you may not be able to get out of cruise control quickly. Also, depending on the slide/skid, tapping the break may be the last thing you should do!

Find Your Pack: Have a commute group for severe weather. You can alternate drivers as you battle the extra stress and fatigue of driving in bad weather. Encourage it in your community and this can help keep more cars off the road.

Think Outside Your Car: Consider other modes of transportation altogether. If available, consider the bus or train. Get really inventive - do you like to cross country ski? Just stay on the sidewalk!

Flex Time: Check to see if you employer will let you change your hours or work from home. Wait until the plows have had a chance to move through the neighborhood and go in late. Or plug in the computer and work in your PJs and fuzzy slippers.

The Great Melt: Still be cautious after the snow begins to melt away. Puddles can easily be hiding monster potholes that grew under the ice during the storm. Not only jarring these can do some real damage to your car. Besides potholes, be careful of hydroplaning as well. As the water melts it may be caught between mounds of slush leaving the perfect amount of water to send your tires for a little ride.

If the Worst Happens: "If a blizzard traps you in your car, pull off the road, set hazard lights to flashing, and hang a distress flag from the radio aerial or window. Remain in your vehicle; rescuers are most likely to find you there. Conserve fuel, but run the engine and heater about ten minutes each hour to keep warm, cracking a downwind window slightly to prevent carbon monoxide poisoning. Exercise to maintain body heat but don't overexert. Huddle with other passengers and use your coat for a blanket. In extreme cold use road maps, seat covers, floor mats, newspapers or extra clothing for covering--anything to provide additional insulation and warmth. Turn on the inside dome light so rescue teams can see you at night, but be careful not to run the battery down. In remote areas, spread a large cloth over the snow to attract the attention of rescue planes. Do not set out on foot unless you see a building close by where you know you can take shelter. Once the blizzard is over, you may need to leave the car and proceed on foot. Follow the road if possible. If you need to walk across open country, use distant points as landmarks to help maintain your sense of direction." (Tips provided by FEMA)

Legal Concerns

The Car Snowball: When your car is covered with snow it makes for safer driving if you clear all the snow off - but are you required to legally? Technically, in most states, there is not a "snow on the car" law. Instead, other laws may be interpreted to include snow. Be safe and get your car uncovered completely so you can clearly see around you and don't inadvertently cause hazards.

• In many states you can be cited if your windshield, rear window and windows are obstructed so you cannot see the road. This is often interpreted to include snow, ice and fog that disrupt the drivers view.
• How about the snow on your roof or hood that you left there? In many states you will not be cited for this alone, however, if this snow flies off and damages another car (i.e. smacks into and cracks the windshield of the car behind you) then you are liable for any damages. Some states are clever and cite snow falling from your car as littering! 
• While you are at it, make sure to clear any snow from your headlights and break lights. This not only helps you light your path, but no doing so may be a citation waiting to happen in some states.

Snow tires, studs, and chains, oh my!

NOW TIRES: Standard in many snowy states usually there are not penalties for having these tires on past a certain date. Check with your local tire stores as they will often store your summer tires during the winter season and vice versa. STUDDED TIRES: States that allow these tires for winter travel often have a set timeline when they may be used (i.e. In Alaska they may be on by September 15th and are due off by May 1st - most states in the lower 48 will have a shorter time allotment). This information can be found at your state Department of Transportation website (see list to the right) CHAINS: Especially if traveling in mountainous states, learn if chains are often required, make sure you have them and learn how to put them on before you go. Some flat states also allow chains under certain conditions. Check with your state Department of Transportation for specific requirements or limitations. The following YouTube video illustrates how to put on cable style chains. It is sponsored by the Oregon Department of Transportation (http://www.youtube.com/watch?v=_8RVbDuyOcY):

The summer has a pull for us, no matter our age. It is a time to take a few days off work, barbeque in the backyard, go for a picnic, a hike, a swim, a bike ride or go out on the water on our boat. It is also a time to mow and weed the lawn, plant flowers and finish countless chores around the home that have been put off until the weather "cooperated." Needless to say, summer is a busy time when we do more activities and chores and can very easily overexert ourselves. That is why this month we are focusing on some tips that can help you have a fun and safe summer. Part of having fun is being aware of what precautions you should take and how you should plan ahead for whatever you choose to do. But we know you are busy, so here is the quick list for a safe summer!

Barbeque and Food Safety:

Always check your grill before using it after a long seasonal break. If propane is used make sure to check all the connections! Check your individual user manual for your grill; all of these will have a checklist of items to review that are specific to your make/model.

Grills are for outdoor use only. NEVER bring a grill indoors to cook. Carbon monoxide will accumulate and can be fatal.

Always set up the grill away from the home (at least 5 feet or more).

If using a charcoal grill, use a charcoal lighting fluid instead of gasoline. Make sure to let the fluid be absorbed by the coals before lighting. Move the lighter fluid away from the grill before lighting. Once you light the fire, stay with the grill, never leave a cooking grill unattended.

That goes for all of you - NEVER leave a cooking grill unattended! Have baking soda handy for a grease fire and a fire extinguisher on hand as well.

For safest results, always grill with a meat thermometer. See the recommended meat temperatures to the right.

Before cooking or preparing anything - wash your hands! In between working with different dishes - wash your hands!

Invest in some long cooking utensils for the grill - this will help prevent burns!

For best grilling results, thaw frozen meats before cooking them on the barbeque. The safest way to thaw foods is slowly in the refrigerator.

If you use the microwave to defrost meats, then make sure you are grilling them shortly afterwards and not storing them again before cooking.

If marinating food then do so in the refrigerator - not on the counter! If you want to have extra marinade to use as a sauce later, make sure to separate a portion ahead of time. Never reuse marinating sauces!

Use one plate for taking meats to the barbeque and another clean plate to take cooked items to the serving area. Never use the same plate. The raw juices can contaminate your cooked meats and side dishes.

When hosting a barbeque, make sure to supply plenty of clean plates and utensils. Encourage guests to get a new plate if theirs has been sitting out in the sun and became a playground for flies, ants, etc. as they waited between helpings.

That evil mayo - did you know according to the Department of Health, it is not really the mayo that is making that potato salad a dangerous game of chance. Instead it is the fact that when making salads usually the ingredients are mixed together when still warm creating a breeding ground for bacteria. Instead, chill all your ingredients separately before mixing them together.

Refrigerate any left over food within 2 hours of its initial serving. If the temperatures are higher, then 1 hour or earlier. Meat should be be kept hot for serving (140°F) and unused meat should be refrigerated immediately as it cools. If you have too much left over meat, make sure to freeze whatever you won't eat within the next 2 days.

When you shut off the grill make sure to shut off the propane as well.

For a charcoal grill, let coals burn out completely. The ashes should sit 48 hours before being disposed of in aluminum foil in a noncombustible container.

Food Safety on the Road:

Wash all fruits and vegetables. Even those with tough outer skins that you do not eat. When slicing these the knife may pick up bacteria from the outer skin.

Pack drinks and food in separate containers. The drink cooler is opened more often changing the internal temperature. This way the food container is disturbed less often and can remain colder.

Once at your destination, keep the cooler(s) out of the direct sun. Keep them in the shade, covered with a blanket. If on the beach, burry it partially in the sand in a shady spot or under an umbrella.

If grilling at the park and you need to dispose of ashes, make sure to place them in heavy duty aluminum foil and soak them in water before placing them in a noncombustible container.

If you use a recreational vehicle such as a camper, always review any canned foods that may have been left there. If temperature fluctuated and cans were frozen and thawed then they need to be discarded. Make sure to thoroughly clean the refrigerator out before using it this travel season.

Bug Prevention:

The best insect repellents contain DEET. However, they should not be used on children under 2 months of age. Also, bug repellent should be applied once per day. Do not get a sunscreen/bug repellent combo as you will need to reapply the sunscreen every two hours.

Avoid using scented soaps and perfumes. Also be careful with bright colored clothes as they attract certain bugs as well. Be extra careful around stagnate pools of water, heavily flowered areas and unused areas as these are more likely to be nesting areas or feeding areas for bugs.

Wear hats and long sleeves in the woods. Make sure to examine clothing and scalp for ticks. If you find a tick gently pull it out with tweezers. Do not use your fingers as you may squeeze it too hard. The methods of burning ticks with matches or suffocating the tick with nail polish don't work for removing ticks from the skin. If you live in a wooded area, try to keep your yard well maintained, ticks do not like direct sun and are looking for overgrowth areas.

Lawn Mower Safety:

Nearly 75,000 Americans are seriously injured in lawn mower accidents each year. About 10,000 of those injuries involve children. Data from University of Michigan

Always read and review your owner's manual at the start of the mowing season. There will be specific checks you will need to perform.

If you can, get a mower with an easy kill switch, a double handle that stops the motor when dropped is a good design to have.

Keep children and pets indoors or well away from the lawn mower at all times. Don't let children ride on the mower for "fun" and it is recommended that children not operate mowers until 16 years of age.

Pick up debris before mowing the lawn.

Wearing protective eye gear is also recommended.

Wear sturdy shoes when mowing. Never move the mower back towards your feet, always go forward.

Sun Safety:

The harshest time to be out in the sun is between 10:00am-4:00p.m. This includes cloudy days as the sun still penetrates the clouds although you may not feel it. During these hours of the day you should have a sunscreen of 15SPF or higher. Sunscreen should be applied 30 minutes before going outside and reapplied every two hours. During really hot hours, stay indoors as much as possible.

Sunglasses that protect you from at least 90% of UV sunlight should be worn.

Dress for the heat. Wear light colored clothes of a breathable fabric, such as cotton. Wear a hat or use an umbrella if in direct sun for long periods of time.

Drink plenty of water, drink water even if you do not feel thirsty as you need to keep your body hydrated. Avoid drinks with caffeine or alcohol as these will only aid dehydration.

Eat smaller meals more often. Eat less protein to reduce metabolic heat.

Avoid strenuous activity. If you are going to be doing really strenuous work or sports, do them early or late in the day. Take breaks often!

Need to know "HEAT" definitions:
Heat definitions from www.redcross.org

• Heat Wave: More than 48 hours of high heat (90°F or higher) and high humidity (80 percent relative humidity or higher) are expected.
• Heat Index: A number in degrees Fahrenheit that tells how hot it really feels with the heat and humidity. Exposure to full sunshine can increase the heat index by 15°F. Heat cramps:
• Heat cramps are muscular pains and spasms due to heavy exertion. They usually involve the abdominal muscles or the legs. It is generally thought that the loss of water and salt from heavy sweating causes the cramps.
• Heat Exhaustion: Heat exhaustion is less dangerous than heat stroke. It typically occurs when people exercise heavily or work in a warm, humid place where body fluids are lost through heavy sweating. Fluid loss causes blood flow to decrease in the vital organs, resulting in a form of shock. With heat exhaustion, sweat does not evaporate as it should, possibly because of high humidity or too many layers of clothing. As a result, the body is not cooled properly. Signals include cool, moist, pale, flushed or red skin; heavy sweating; headache; nausea or vomiting; dizziness; and exhaustion. Body temperature will be near normal.
• Heat Stroke: Also known as sunstroke, heat stroke is life-threatening. The victim's temperature control system, which produces sweating to cool the body, stops working. The body temperature can rise so high that brain damage and death may result if the body is not cooled quickly. Signals include hot, red and dry skin; changes in consciousness; rapid, weak pulse; and rapid, shallow breathing. Body temperature can be very high--sometimes as high as 105°F. Call 911 or your local EMS number. Move the person to a cooler place. Quickly cool the body by wrapping wet sheets around the body and fan it. If you have ice packs or cold packs, place them on each of the victim's wrists and ankles, in the armpits and on the neck to cool the large blood vessels. Watch for signals of breathing problems and make sure the airway is clear. Keep the person lying down

Sun Safety for your Pet:

Dogs and cats don't sweat to lose excess heat, instead they pant. Most of our pets know better and will not over exert themselves in high heat. However, if chained in the sun or locked in a car, there is little they can do to avoid it. Never leave you dog unattended in a car. Although it is only 75°F outside, in the car it can reach up to a 100°F in one half hour. If you return to your car and your pet is agitated, wide-eyed and panting rapidly they may have heat stroke.

Always provide shade and water for your pet on hot days. If there are heat wave warnings bring them inside with you.

Animals have a natural higher temperature than humans (100°-102°F for both cats and dogs). However, anything 105°F is a sign of heat stroke. Other signs of heat stroke in animals include rapid panting, wide eyes, salivating, pale and dry gums, staggering and weakness. They may even become unconscious.

The best way to treat heat stroke is to get them wrapped in wet towels and fan them as you would a human. Some suggest immersing them in cold water, but depending on the severity this may be too much too quickly. Also run cold water in their mouth. Keep track of their temperature, get them down to 103°F. Call your vet or animal hospital immediately.

Hiking Safety:

Plan ahead for any hiking trip. Take a look at the route and consider what equipment and skills you may need. Discuss emergency plans with your group before heading out. Know where the nearest ranger station is from where you start. Also, leave a detailed itinerary with someone back home. Let them know what car you are taking, where you will be starting and how long you expect to be.

Always hike with at least one other person. In more remote areas it is suggested that you hike with at least four people in your group. This way you will have one to stay with an injured person and two to go for help.

If a trail is marked as closed DO NOT go there. If an area requires special permits - DO NOT go there unless you have already obtained them.

Be prepared for bad weather and extreme weather changes. You should have enough supplies to get you through a night if needed.

Always assume the water from streams and rivers is NOT safe for drinking.

A Hiking Backpack Checklist:
Info from www.redcross.org

• Candle and matches
• Cell phone
• Clothing (always bring something warm, extra socks and rain gear)
• Compass
• First aid kit Food (bring extra)
• Flashlight
• Foil (to use as a cup or signaling device)
• Hat
• Insect repellent
• Map
• Nylon filament
• Pocket knife
• Pocket mirror (to use as a signaling device)
• Prescription glasses (an extra pair)
• Prescription medications for ongoing medical conditions
• Radio with batteries
• Space blanket or a piece of plastic (to use for warmth or shelter)
• Sunglasses
• Sunscreen
• Trash bag (makes an adequate poncho)
• Water Waterproof matches or matches in a waterproof tin
• Water purification tablets
• Whistle (to scare off animals or to use as a signaling device)

Survival Pack - one pack should be carried by EACH person in your group and should include: a pocket knife, compass, whistle, space blanket, nylon filament, water purification tablets, matches and candle in a waterproof container.

Bicycle, Skateboard & Scooter Safety:

Always wear a helmet when bicycling. If on a scooter or skateboard, wear the proper protective gear such as knee and elbow pads and a helmet.

Only ride a bike that is properly fitted for you. If not fitted correctly you may hurt your knees, back, arms and will not be able to maneuver or stop as well as you should be able.

When entering the roadway from the driveway - always look! This is a high accident area as many cars do not see those coming out of driveways on bikes, skateboards and scooters.

If traveling on the road, make sure to follow all the road signs and lights. Bicyclists should follow the same rules as cars and use standard hand signals. Skateboard and scooter users should be extra carful on roads as well. HOWEVER, it is strongly suggested that scooters users stay on sidewalks and skateboarders stay well away from roads, preferably skate at the skate park.

Be predictable. Do not weave in and out of the roadway or cars. If you come to an obstruction in your path, stop and look around and behind you before going around it. A sudden swerve out into the road will not be anticipated by automobiles that are traveling much faster than you are.

Pay attention at all times. Obstructions such as wet leaves or loose gravel may come upon you quick if you are not paying attention. Also be careful around parked cars, you may not see someone opening the car door until you are right on top of it.

Try to avoid being out on the road at night or in bad weather. If you are out, be extra careful; imagine the cars cannot see you and ride defensively. You should have bright colored clothing and reflectors or battery operated lights as well.

All skateboarders should learn out to fall. Considering fractures and breaks from falls are the most common skateboard injuries, knowing how to brace yourself is important. If starting out in the sport, start small, skateboarding is just like any other sport, it takes practice and time to develop the skill.

When riding on the trails always give pedestrians the right of way. If passing from behind let them know by using a bell or stating "on your left," before passing. Keep a controlled speed on trails as you do not always know who is there around the bend. If the trail is shared with horses, slow down and give them a wide space when passing. Again, let them know you are coming by stating "on your left."

Water Safety:

Learn to swim! This is a skill everyone should take time to learn. Even the basic knowledge can help!

Children and inexperienced swimmers should use an approved floatation device/life jacket when in or, in the case of children, near the water.

Never leave a child alone around water. Make sure someone is watching them at all times!

Never swim alone. Always swim with a friend or in a supervised area. Never snorkel alone. Never surf alone.

Read and OBEY all posted signs. Do not dive in the water unless the area is clearly marked as safe. Even when marked, make sure to check for any person or debris below before diving. If the area is not marked, always enter feet first.

If swimming in lakes, rivers, or the ocean, be familiar with these bodies of water. Make sure you are aware of risks such as debris, under tows, and currents. Also, always be aware of your energy level; you need enough energy to make it back to shore!

Pay attention to your surroundings. Pay attention to the weather. At the first sign of bad weather, leave the water!

If pulled out by an ocean current do not swim against it. Instead swim parallel to it gradually moving towards the shore. You have to move out of the current by swimming across it before you can head back inland. Think of an arc instead of a straight line.

Check surf conditions before entering the water. Keep away from piers and pilings when in the water. Watch out for wildlife and have some basic knowledge of what animals and plants are in the water. Know what you need to avoid and leave wildlife alone!

Do NOT mix alcohol and swimming activities - they do not mix!

If you own your own pool, make sure it is supplied with emergency equipment and first aid. Keep a phone nearby and have instructions for emergencies posted. Have CPR instructions and make sure to take lessons in CPR. Every adult responsible for watching kids around the pool should have CPR training.

Take lessons before attempting SCUBA diving. Never dive alone. Only dive for areas you are trained for. Be familiar with your equipment and check it often.

Boating & Watercraft Safety:

Always have on life jackets. Make sure they properly fit everyone on your boat - especially children!

Learn to swim! Also, take a boating class, learn everything from navigation rules to information about your particular boat.

Do NOT mix alcohol and boating activities - they do not mix!

Let someone on shore know how long you will be gone and where you are going.

When using jet skis or other personal watercraft make sure to know the rules of the water body you are on and obey these rules. Be courteous to others and look out for swimmers, skiers in the water, etc.

Do not water ski at night. Always have someone in the boat to watch and aid the skier. Always approach a skier in the water with the engine off.

If fishing, scale, gut and clean the fish as soon as they are caught. Wrap fish separately in plastic and keep on ice. It is recommended that fish be cooked and eaten within 2 days or frozen. Frozen fish can last up to 6 months. Shellfish should be kept alive until cooked. Lobsters and crabs should be cooked the same day they were caught. Oysters, mussels and clams should be cooked within 5 days.

This month, for a change of pace, we are bringing you a LAWCHEK™ ALERT! from our partner and legal site Lawchek.com. This article reviews the questionable changes that have occurred relative to bank "holds" on customer deposits. These changes can effect everyone from the individual customer to the small business owner.

CUSTOMER DEPOSITS: ILLEGITIMATE REVENUE STREAM FOR BANKS?
Richard A. Pundt, Attorney at Law

For quite some time now, certain banks and other financial institutions may have been profiting from what some members of Congress are calling an illegitimate revenue stream, namely, the deposits of its' customers. Today, many banks will place “holds” on customer deposits. Such customer deposit “holds” are for ten business days and usually translate into a ½ month use of the funds deposited; In this way, banks are able to benefit from the interest on customer funds. This questionable practice has caused outrage by depositors and has ignited the concern of key members of Congress.

Congressman Michael Oxley (R-Ohio) has stated: “Holding a deposit to ensure its safety and soundness is reasonable. But holding a deposit in order to profit from the interest is completely unacceptable. The latter practice prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions. It unfairly penalizes consumers and should be eliminated from the U.S. payment system.” 1

From an analysis in a report by Ms. Laura Bruce of www.Bankrate.com, it is revealed that there are many concerns relative to the new federal enactment of the Check 21 Act. "Check 21" allows the checks that individuals write to clear within one to two days while the deposit may be held by a bank for up to ½ month when weekends are added to the allowable ten day hold under “exceptional” circumstances of the FED Regulations. As a result, the consumer may get “nailed” for overdraft charges if the consumer was counting on the deposit and, in addition, the banks have been keeping the interest on the funds “held” through the deposit delay. Ms. Bruce also notes in her article 2 that Congresswoman Carolyn Maloney (D-New York) has introduced HR 5410 that would “…redress imbalances between the faster withdrawals permitted under the Check 21 Act and the slower rates for crediting deposits.”

Examples of bank customers delays due to the banks “hold” practices is very wide-spread and, undoubtedly, has accounted for hundreds of millions of dollars worth of profits for banks. Consumers, realtors, businessmen, and attorneys are becoming increasingly aware of these practices by the banks. This author has encountered quite a number of reported instances where consumers experienced an improper deposit delay or hold for an unreasonable period of time.

Of the many instances reported to this author, there are three that merit review in regard to the issue of deposit “holds.” The first instance involved a very well-respected attorney who deposited over $200,000 into his attorney trust account at a well-known bank and was verbally informed, after the deposit had been made, that there would be a ten business day “hold” on the deposit. He did not receive any written notice as prescribed by Federal Reserve Regulation CC (Availability of Funds and Collection of Checks, 12 CFR 229). This particular attorney had never over-drafted his account and has always maintained a sterling reputation with the Bar, as well as other attorneys. Moreover, the deposit consisted of checks from State Farm Mutual Ins. and John Deere Inc. The attorney directed a hand delivered correspondence to this well-known bank, wherein he requested an immediate removal of the “hold” or, in the alternative, an explanation as to whether the bank in question believed that checks from either State Farm Mutual Ins. or John Deere Inc. would not clear or if there was any improper activity by State Farm Mutual Ins. or John Deere Inc. in regard to: (a) any suspected criminal activity, (b) any suspected money laundering, (c) any suspected terrorist activity, or (d) any other improper activity that would mandate the holding of either check. Needless to say, the bank could not accuse either State Farm Mutual Ins. or John Deere Inc. of any such activity, yet the bank continued its “hold” on the deposit to the trust account from December 7, 2005 until December 20, 2005. The attorney has never received a written or an oral explanation, as he requested in writing, for the hold as prescribed by Federal Reserve Regulation CC (12 CFR 229).

The second instance involved a well-respected realtor who deposited between $200,000-$300,000, as a result of a closing, into his account at the aforementioned bank. He was unaware of any “hold” on the deposit. The realtor issued various checks, as customary, to: other financial institutions, the seller, realtors, an insurance company, taxing authorities, and others. When the bank in question refused to release its “hold,” the realtor’s checks bounced and a significant amount of distress and embarrassment was the result for all parties concerned, except, of course, the bank that profited in two ways: from the interest on the deposit and from the overdraft charges.

The third, but surely not final, instance involved a party who received a Cashier’s Check from a centrally located and well-known bank and, on the same day, deposited the Cashier’s Check into an account at a branch of the same bank. The branch placed a “hold” on its' own main bank’s Cashier’s Check. What is especially interesting about this case, other than the fact that it was the bank’s own Cashier’s Check, is the fact that under Federal Reserve Regulation CC (12 CFR 229), a Cashier’s Check, as well as a check drawn on an account held by the same institution, must be made available on the first business day following the day of deposit.

It would seem that compliance with Federal Reserve Regulation CC (12 CFR 229) is being ignored by several of the largest banks. According to the article by Ms. Bruce, as noted above, proposed legislation HR 5410 has been presented in Congress to benefit the consumer. The legislation is being introduced in order to counter the Check 21 Act that allows the checks written by consumers to clear faster than the actual deposits made at the banks. It is noted in the article that Representatives from Wells Fargo Bank and Wachovia Bank have stated that their banks place holds on less than one percent of all deposits. If one were to consider the dollar magnitude of that one percent, especially if such deposits are for more than $5,000, a substantial windfall of interest profits are the likely result for the banks placing the “hold.” Perhaps the one percent accounts for hundreds of thousands of deposits each day and, if the average dollar amount of such deposit is $10,000 (most likely it is much more), the money on hold by the large banks at any one time would be in the hundreds of millions of dollars for which the banks gain interest on consumers assets, as noted by Congressman Oxley.

Under the Federal Reserve Regulation CC (12 CFR 229), it is mandated that interest should be paid to the consumer (See Regulation CC (12 CFR 229.14)). It is, therefore, understandable why Congressman Oxley has stated that such practice by the banks “…prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions."

Under Federal Reserve Regulation CC (12 CFR 229), the following deposits must be made available on the first business day following the banking day of deposit: (1) Cash, (2) Electronic Payments, (3) U.S. Treasury Checks, (4) U. S. Postal Service Money Orders, (5) Federal Reserve Bank and Federal Home Loan Bank Checks, (6) State or Local Government Checks, (7) Cashier’s, Certified or Teller’s Checks, (8) Checks drawn on an account held by the same institution upon which the check is drawn, and (9) the first $100, or if less than $100 the entire amount, of all other checks. In the case of the individual who had deposited a Cashier’s Check into an account that was held by the same bank upon which it was drawn, both subsection 7 and subsection 8, as noted above, were ignored.

On other deposits that are not listed above, including the proceeds of local and non-local checks, the checks must generally be made available for withdrawal by the second and fifth business day respectfully following the deposit (See Regulation CC (12 CFR 229.12)). In the case of the attorney, and in the case of the realtor, as noted above, if the deposited checks were local, the deposit should have been credited within two days, and if the checks were non-local, the checks should have been credited within five days. There should not have been an arbitrary hold for ten business days or a ½ month total hold on the deposits.

However, there are exceptions set forth under Regulation CC (12 CFR 229.13), and those exceptions involve: new accounts,3 large deposits, repeatedly overdrawn accounts, or emergency conditions. The only exception of the above examples involving the attorney or the realtor, as given, would be the exception of a large deposit since our investigation ruled out any other scenario. In the case of large deposits, the bank must provide a notice to the consumer (See Regulation CC (12 CFR 229.13)), and that notice must be in writing (See Regulation CC (12 CFR 229.15), (12 CFR 229.16), (12 CFR 229.17) and (12 CFR 229.18)). Additionally, and under Regulation CC (12 CFR 229.14), interest must be paid on interest bearing accounts no later than the day the bank receives credit for the funds deposited.

It would appear that certain banks may be circumventing the requirements of Federal Reserve Regulation CC (12 CFR 229), and that is undoubtedly one of the reasons that Congressman Oxley has expressed concern, and why Congresswoman Maloney is reintroducing HR 5410. As a practical matter, most customers drop the issue once they actually receive their funds, which have been held by the bank, because they wish to maintain a good standing relationship with the bank. So does that mean that nothing can be done? The answer is no. Something can be done, but it requires positive action by the customer.

First, the customer may file a complaint with the Federal Reserve at: The Board of Governors of the Federal Reserve System, Division of Consumer and Community Affairs at 20th and C Streets, N.W., Stop 801, Washington, DC 20551. Additionally, the consumer may file a complaint with the respective State Banking Commissioner in the state where the violation occurs. Also, contacting the proper parties within Congress, such as Congressman Michael Oxley (R-Ohio) or Congresswoman Carolyn Maloney (D-New York).

Finally, there is a civil remedy expressly set forth under Federal Reserve Regulation CC (12 CFR 229.21). The civil remedy allows for both individual and class actions. See Regulation 12 CFR 229.21 (a) (2) (i) and (ii). The statute provides a limitation on class actions that includes actual damages up to $500,000 or 1% of the net worth of the bank involved (the lesser of the two) plus costs and attorney fees.

Q. About six months ago we bought a new home and the builder provided a one year home warranty. Recently we discovered a defect, but when we contacted the builder, he said that because we did not discover the defect during the final walk-through that it would not be covered under the warranty. Is this common practice?

A. No, this is definitely not common practice. Most builders will repair defects that are found at any time during the warranty period, provided that they are covered by the terms of the warranty, and are obviously the fault of the builder. Read your warranty contract carefully to see if you are indeed bound by the condition your builder is citing. He may be counting on the fact that you have not thoroughly read the contract. In any event, you may want to seek the advice of an attorney. When inspecting a new home, I always advise my clients to discuss the terms of the home warranty with the builder before closing, and to make sure that they fully understand those terms and conditions.

Q. We recently bought an older home which has undergone some renovation. The sellers installed three-pronged outlets throughout the house and GFCI circuits in the kitchen, bathrooms and on the exterior. Our home inspector said that the house wiring is the original two wire non-grounded system, and that even though we have three-prong plugs they are not grounded. He also said that the GFCI receptacles would not function correctly, because there is no ground wire. Do you agree with his assessment?

A. Your home inspector is correct in telling you that your outlets will not be grounded. A third or ground wire is necessary for proper grounding of receptacles and fixtures. Having a two-wire system is not a problem in and of itself unless you are using electrical equipment specifically designed to be grounded. The three-prong plugs are more of a convenience since nearly all electrical devices now come with a grounded plug. Regarding the GFCI (Ground Fault Interrupter Circuit) outlets, they need not be grounded in order to work properly. Simply put, the GFCI is a safety device that protects people from electric shocks by sensing current moving in a way that it should not, and instantly shutting down the circuit. On a grounded circuit, it does this by sending the current to ground. On an ungrounded (two-wire) circuit, it does the same thing by sending the current back to ground through the neutral wire. A properly wired GFCI will work just fine on a two-wire circuit. The GFCI outlets have test and reset buttons on their face. To test for proper operation, simply push the test button. If you hear a snap, the circuit has tripped, and you can test it by plugging in a lamp or radio. To turn the power back on, simply push the reset button. If you are still not sure, call a qualified electrician and have him check all your GFCI receptacles.

Perhaps it wasn't the wind that slammed the door shut or there really is no one to match the footsteps down the hall? Or maybe it is a great marketing ploy for bed and breakfast inns and historical societies? Or maybe people are comforted or enjoy the idea of hauntings? Okay, so not all of us believe in ghosts, but the stories and histories behind many haunted homes can be just as unique as their "spiritual" residents. For a little fun and change of pace, we have compiled a short list of famous haunted homes and buildings in America. Dim the lights, sit back and enjoy a little Halloween-flavored fun and learn a little history too!

*Many haunted houses seem to get their start from murder or untimely death. Although we have not gone into graphic details here, please note that if you follow any of the links to the right, some of these sites do go into much more (sometimes gruesome) detail!

Alcatraz Island - San Francisco Bay, CA

The History: Not a house per se, but people "lived" there right? Anyway, Alcatraz started as a military fort in 1850. It was used as a military prison and then a federal prison after 1934. In 1963 the prison was closed due to the cost of operations. As a prison, Alcatraz had a reputation of being a hard place to live in which prisoners were there to be shut away rather than rehabilitated. Punishments could be harsh such as restricted diet, solitary confinement, and hard labor. There were the now infamous solitary cells like the "strip cell" and the "hole" that even made the most hardened prisoners think twice about breaking any rules.

The Haunting: This place was creating ghost stories before being shut down. Guards retell odd tales of ghosts attacking inmates or making noises. Today, there are still many haunting "hot spots" on the island. There is the utility corridor where three escapees were gunned down; this doorway is now welded shut but many say there is the sound of clanging against the door; perhaps something wants out... There are also reports of running in the corridors, voices in the cells and medical ward and screams from the dungeons and isolation units.

How to see it: Tours are available of the island and complex. Depending on the time of year, you may have to use different ferry system to the island. 

Driskill Hotel - Austin, TX

The History: Jesse Lincoln Driskill opened this hotel in 1886. The hotel was grand and luxurious, funded by his success as a cattle baron. In 1888, the family lost its fortune due to drought and a cold winter that killed most of the cattle. The hotel then changed from owner to owner with the most recent change of hands in 1995.

The Haunting: Driskill is claimed to still wander the hotel, puffing cigar smoke and turning lights on and off. There is the ghost of a small girl, daughter of a Senator who was left unattended and fell to her death while playing with her ball - she can still be heard bouncing the ball today.

How to see it: The hotel is open to guest today and offers all kinds of luxury and pampering. 

The History: Hannes Tiedemann built the house in 1865. Unfortunately, they lost four children in a short amount of time leading to some speculation of unnatural deaths. The house architecture aids in the mystery of the house as there are secret passageways and hidden rooms throughout. There are also rumors of Tiedemann having affairs that lead to jealousy and ultimately, to murder. One of the most tragic tales is that of Tiedemann hanging his niece to put her out of misery from her insanity or to punish her for her promiscuity.

The Haunting: Past residents have heard a small child crying and heard footsteps out in the corridor. There is also claim that the tower room where the "woman in black" can be heard choking. Lights also swing around and some objects have been moved or thrown.

How to see it: Today the mansion houses a private club restricted to members and their guests. It was rumored at one time they would eventually start tours to the building, however, nothing is posted on their website about this yet.

Heceta House - Yachats, OR

The History: This house accompanies a lighthouse on the Oregon coast built in 1894. Many families occupied the house complex over time which included a post office, school and the light house. But it is only the keeper's house that has tales of hauntings. Many believe this is the mother of child who fell off the cliffs back at the turn of the century.

The Haunting: The ghost named Rue is said to be an extra caretaker of the house. She makes it known if she is displeased with any activity in the house. One of the more humorous accounts was of her screaming in the middle of a card game, she didn't want them playing cards in her house!

How to see it: This house is now a bed and breakfast. It also has guided tours from its interpretive center. Although the current owners don't play up and advertise the ghost they have said guests have told them of strange encounters. 

Hickory Hill House - Equality, IL

The History: This house was built in 1842 by John Crenshaw. Although it was illegal to own slaves in the state of Illinois, it was legal to lease slaves from slave states to work in salt mines. John Crenshaw leased slaves from nearby states to work in his salt mines. It is also said that he would kidnap free blacks and force them to work in his mines and eventually sell them into slavery. All the slaves where kept in the upstairs attic in horse stall-like cells that opened to one large corridor. John Crenshaw had a particularly nasty reputation for cruelty and abuse.

The Haunting: The house opened as a tourist attraction in 1930 and many claimed to hear the rattling of chains and muffled cries from the attic. The home had the reputation that no one could spend the night. In 1978, a reporter named David Rogers was the first to spend a whole night in the house.

How to see it: Currently the house is protected by the Illinois Historic Preservation Agency and closed to the public. A grant was received in late spring 2006, hopefully it will be able to reopen soon!

Lemp Mansion - St. Louis, MO

The History: This house was purchased by William Lemp around 1864 to use as a residence and office for the family brewery. William's father had used a family recipe/method to create a lager beer. This beer quickly became popular and William's father abandoned his grocery store to become a full time brewer. The beer continued to be made by the family until 1922 when family mishap and prohibition forced them to shut down and sell for good. The mansion itself has a sorrowful history with one brother dying under mysterious circumstances and three other men of the family committing suicide inside.

The Haunting: With three suicides one can easily guess where the idea of ghosts haunting the mansion started. However, the families odd history of tales also leads to the idea of more ghosts. There is the rumor that William Lemp had an illegitimate son with down syndrome who was kept hidden in mansion attic his whole life. He is now said to be seen haunting the mansion and has the nickname "Monkey Face Boy." Tales of haunting first started after 1949 when the mansion was sold and turned into a boarding house. Strange knocking and footsteps throughout the mansion scared the tenants away so the house started to run into disrepair. In 1975, the mansion was saved and renovated and turned into a restaurant and inn. All types of sights and sounds have continued and are still reported today.

How to see it: Spend the night! Or take a tour if you're too scared... The mansion is a bed and breakfast that offers tours and a restaurant to those who don't want to spend the night. They also host a Halloween Party and Murder Mystery Dinner Theater. 

Lizzy Borden House - Fall River, MA

The History: As with so many haunted homes, this story begins with a murder. On the morning of August 4, 1892, Andrew and Abby Borden were murdered by ax in their home. Their eldest daughter, Lizzy was tried and latter acquitted of the murders. However, she was ostracized from the community for the rest of her life. Some consider that she had a split personality, even those close to here recall erratic and violent behavior. And of course there was the creation of the rhyme: Lizzie Borden took an ax Gave her mother forty whacks; When she saw what she had done Gave her father forty-one!

The Haunting: There is a strange woman who tucks guests into bed and perhaps the same woman can be heard weeping in the night. Objects move on their own and electrical equipment such as lights and cameras have some interference. Many claim the most active room is Lizzy's old bedroom - which you can stay in if you want...

How to see it: The home is now a bed and breakfast. You may spend the night, take a tour or even spend a weekend at Ghost Hunter University! To find out more,click here.

Myrtles Plantation - St. Francisville, LA

The History: This home was built by David Bradford in 1794 but stories of hauntings did not start until the 1950's. The house had a long history with many different owners. There is only one recorded murder of William Winter in 1871. However, there are many tales that are told about the home to justify the hauntings. Most of these seem to be fabricated tales, but many say that is just because the house is so haunted, people needed to make up some kind of explanation.

The Haunting: Among the haunting activity is the ghost of a woman in a green turban who some believe to be the ghost of a slave killed for poisoning the head mistress and her two daughters. Others claim that there is a woman but she is not a young slave but an older, unknown woman. There is also a little girl who has appeared as well as a frustrated piano player who continuously practices the same cord over and over on the old piano.

How to see it: You can dine in the restaurant, take a tour or spend the night. The choice is up to you. 

Villisca Ax Murder House - Villisca, IA

The History: On June 10, 1912, the Moore family and two overnight guests were brutally murdered. The ax murder of two adults and six children horrified the community and its story still horrifies people today. Regardless of the unprecedented effort of police, detectives and neighboring departments at the time, the case remains unsolved to this day.

The Haunting: The most common account seems to be of children's voices in the house. Things will also move unexpectedly and lamps won't stay lit regardless that there is no breeze in the home.

How to see it: Tours of the home are available through the Olson Linn Museum. They also offer night tours, but these must be arranged in advance.

Waverly Hills Sanitarium - Louisville, KY

The History: Okay, not a house, but since it has such a grand reputation of being haunted, we thought to include it. Waverly Hills opened as a hospital for tuberculosis patients in 1926. Tuberculosis was a dreaded killer of the time and most of the patients who entered would die there. It is estimated that at the height of the epidemic a patient died every hour. This large complex had a long tunnel nicknamed the "body chute" where the bodies were transferred to a train at the bottom of the hill. It was covered so patients would not be disheartened by seeing the number of dead being removed from the hospital. Because Tuberculosis was not well understood, there were many experiments that occurred, some were beneficial and some were more brutal leading to tales of mistreatment and abuse. In 1982, the hospital was shut down under allegations of abuse.

The Haunting: The tales of hauntings started after the hospital was shut down and allowed into disrepair. Transients, vandals and kids would break in. Stories began to spread of small children playing in the halls, lights going on when there was not power, doors being slammed, voices crying out, and various other ghoulish activities. One specific spot, room 502, is on the floor where the mentally ill tuberculosis patients were housed. This room was the nurses station where two nurses committed suicide on separate occasions for reasons unknown.

How to see it: There are tours run by the Waverly Hills Historical Society. Tours must be arranged as this is a private site and trespassers will be prosecuted. Overnight tours can also be arranged in advance.

Whaley House - San Diego, CA

The History: This house was a home, granary, court house, theater, ballroom, billiard, school and polling center. It was also the site where criminals were hanged before the house was built. Once built, it also had the tragic history of one of the Whaley girls committing suicide inside.

The Haunting: There are many ghosts in the Whaley House. There is "Yankee Jim" who was one of the criminals hanged at the site. He now stomps around the house with a heavy step and even the first family, the Whaley's, reported hearing him in the house. Thomas Whaley, the first owner of the house has been seen lingering around the upper landing. Thomas' wife, Anna, also wanders the downstairs and the garden. There are a few other apparitions and even a little fox terrier ghost dog that is seen on occasion!

How to see it: This house is now a museum and is open for tours on most days. Their website has more details about times and price;

White House - Washington D.C.

The History: The White House became the home to our presidents in 1800 with President John Adams being the first resident. There have been many presidents and first ladies in the home and some have decided not to leave...

The Haunting: President Abraham Lincoln is the most popular ghost with the most sightings. The first to see him was First Lady, Grace Coolidge. He has also been spotted by guards and guests. Other presidents that like to make an appearance are President Benjamin Harrison, President Andrew Johnson, President John Tyler and President Andrew Jackson. First Ladies that have made appearances include Abigail Adams and Dorothea Madison. There is also the apparition of a black cat which has been said to be seen before national tragedies such as the stock market crash of 1929 and before the assassination of President Kennedy in 1963.

How to see it: Of course you can still visit the White House today.  Winchester Mystery House - San Jose, CA

The History: Sarah Winchester, daughter-in-law of Oliver Winchester, manufacturer of the Winchester rifle, began the construction of this house in 1884 and kept the project going until her death 38 years later. The legend says she constructed the house continuously to confuse the bad spirits of those killed by the Winchester rifle. In the end it had 160 rooms, 47 fireplaces and various oddities such as doors leading to a sudden outside drop or staircases leading to the ceiling.

The Haunting: Some of the ghosts are said to have been invited by Sarah Winchester as she is said to have held a séance with them every night to determine the construction for the next day. Reports of footsteps, doors closing and opening, cold spots, and other paranormal behavior have been reported. However, some skeptics in the ghost hunting world believe the mansion is more of an oddity than a true haunting ground. Guess you'll just have to go to find out for yourself!

How to see it: The mansion is open to tours today. You can select a standard tour and see 110 rooms and their various oddities and details or you can also do a behind the scenes tour to see how the house functioned.