ALBANY — The beginning of 2008 brings new laws that took effect Jan. 1.

Tax rebates The tax rebates for 2008 represent the second year of a three-year expansion of the property tax rebate program. This year, the state is expected to provide approximately $1 billion in rebate checks to homeowners. In the fall, the program is expected to provide rebates totaling $1.3 billion, with scheduled expansion for 2009 set at $1.53 billion. Airline Passenger Bill of Rights The Airline Passengers’ Bill of Rights is now in effect to provide passengers stranded on airplanes at New York airports with basic amenities to make their wait more tolerable. Under the new law, all airlines at New York airports will be required to provide snacks and water, fresh air and power, and working restrooms for passengers on planes that leave the gate and sit on the tarmac for more than three hours. The measure would also create an Office of Airline Consumer Advocate within the New York State Consumer Protection Board to provide the public with a New York State-based consumer advocate to help coordinate with appropriate airline industry officials, federal agencies and the Port Authority of New York and New Jersey in the event an incident occurs. The Airline Consumer Advocate would refer any violations of the new law to the New York State Attorney General’s Office, who could seek a civil penalty of up to $1,000 per passenger per violation by an airline. However, New York’s first-in-the-nation law is being challenged by the Air Transport Association of America, Inc. (ATA), which represents the major airlines. U.S. District Judge Lawrence E. Kahn conducted a hearing recently in Albany, at which the ATA fought to keep the New York law from taking effect. Kahn indicated that he will make a decision before the new year. Mortgage Lending Accountability The new law improves oversight and accountability of mortgage lenders. The new law provides for the registration of individual mortgage loan originators and set educational standards to increase professionalism within the lending industry. New York’s Banking Department, and regulators in other states, have identified that individuals who engage in abusive mortgage practices tend to move from company to company, and also from state to state. As a result, state regulators, through the Conference of State Bank Supervisors, are developing a nationwide registry of mortgage companies and their employees. Such a system would assist regulators in identifying and tracking any devious actors in the mortgage industry. The following laws enacted during the 2006-2007 Legislative sessions also went into effect on Jan. 1: 2007 Laws • As part of a comprehensive Workers’ Compensation Reform bill, enacts alterations to the method of calculation of the state assessment for group self-insurers, generally seeking to treat group self-insureds as a category unto themselves as opposed to considering them in with single-employer self-insureds. • As part of the comprehensive Public Employee Ethics Reform Act of 2007, which reforms the ethical standards that apply to public officials and strengthens the oversight bodies charged with enforcing those standards, newly requires certain registered lobbyists to report their lobbying activities in relation to grants, loans, and other disbursements of public funds over $15,000 other than specified governmental procurements. • As part of the 2007-2008 State Budget, Education, Labor and Family Assistance Article VII bill, strengthens and establishes in statute the Office of the Ombudsman within the State Office of Children and Family Services, to protect and promote the rights of youth under the jurisdiction of OCFS and to assist in providing oversight of children and to investigate complaints. • As part of the 2007-2008 State Budget, Education, Labor and Family Assistance Article VII bill, revises statutory provisions relating to the collection of certain motor vehicle surcharges and the use of such funds by municipalities for their local criminal justice programs and purposes. • As part of the 2007-2008 State Budget, Health and Mental Hygiene Article VII bill, streamlines the recertification and eligibility determination process for Medicaid by requiring that the Commissioner of Health verify income and residence data. • Revises existing provisions of law relating to hospital acquired infection reporting, requiring that hospitals report a suspected or confirmed incident associated with another hospital to the originating hospital, mandating that documentation of reporting be maintained for six years, and requiring hospitals to report HAIs to the State Department of Health monthly rather than every six months. • Relates to licensing and certification of real estate appraisers; requires minimum qualifications as set forth pursuant to the Financial Institution Reform, Recovery and Enforcement Act of 1989; increases required continuing education hours from 20 to 28 hours. • Clarifies the scope of protections against discrimination on the basis of disability under the Human Rights Law in the areas of public accommodations to be consistent with the federal Americans with Disabilities Act and the current policies and practices of the Division of Human Rights. • Requires the Department of State (DOS) to post or maintain a link on its website to an unofficial version of the New York Codes, Rules, and Regulations at no cost to the user and directs all state agencies that have adopted rules and regulations to maintain a link to the DOS Web site link. • Authorizes the conduct of bingo games without a license, where no participant or other person pays anything of value for the opportunity to participate, when such game is conducted in a municipality that authorizes licensed bingo, and such games are conducted in a private home or certain residential complexes, or by certain bona fide charitable organizations and entertainment businesses; makes such free bingo subject to regulation and civil penalties. • As part of a larger bill that enhances consumer rights and protections relating to health insurance, establishes new provisions in the insurance law governing preauthorization of health care services and the circumstances under which payment for preauthorized services may be denied; amends existing provisions of the Health Information and Quality Improvement Act relating to the collection and dissemination of health care plan data by the Department of Health and adds new provisions to the statutes governing the time limits on the submission of claims for payment under Child Health Plus (CHP), Family Health Plus (FHP), and Medicaid managed care plans. • Authorizes communities to establish community preservation funds and to impose a real estate transfer tax that will be deposited into those preservation funds. •Provides that if an undistributed asset is found after the original probate and distribution of the assets of the estate, the Surrogate’s Court that granted such original probate petition is to maintain jurisdiction and must not require any additional service of notice by the estate, unless such undiscovered asset has an estimated value of more than $5,000 or more than seven years has passed since the original probate and distribution of assets. 2006 Laws • Requires immunization against pneumococcal disease (pneumonia) of every child in New York State born on and after Jan. 1, beginning with enrollment in any public, private, or parochial child caring center, day nursery, day care agency or nursery school.