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Expanding Options for Marriage, Defense, Medical Marijuana, Amateur Athletes and Rail Workers

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Expanding Options for Marriage, Defense, Medical Marijuana, Amateur Athletes and Rail WorkersRespect for Marriage Act (HR 8404) – Introduced by Sen. Jerry Nadler (D-NY) on July 18, this Act replaces previous provisions that defined marriage as strictly between a man and a woman. It codifies marriage to state that a spouse may be a person of the opposite sex as long as the contract between the two individuals is valid under state law, and prohibits any state from denying out-of-state marriages on the basis of sex, race, ethnicity or national origin. The bill passed in the Senate on Nov. 29 and the final bill passed in the House on Dec. 8. President Biden signed the Act into law on Dec. 13.

James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (HR 7776) – This bill authorizes defense spending at $858 billion, an approximate 10 percent increase over last year and $37 billion more than President Biden requested in his budget. This bill is expected to increase pay for service members and civilians by 4.6 percent and include inflation bonuses for those earning less than $45,000 a year. The bill was initially introduced on May 16 and the final bill was agreed upon by a bipartisan committee comprised of Sens. Jim Inhofe (R-Okla.) and Jack Reed (D-R.I.), and Reps Adam Smith (D-Wash.) and Mike Rogers (R-Ala.) The bill first passed in the House on July 14. It was signed into law by the President on Dec. 23.

Help Find the Missing Act (S 5230) – This Act is designed to facilitate data sharing between the National Missing and Unidentified Persons System and the National Crime Information Center database of the Federal Bureau of Investigation, in order to improve efforts in finding missing persons. The bill was introduced by Sen. Chris Murphy (D-Conn.) on Dec. 8 and passed in the Senate on the same day. It passed in the House on Dec. 14 and is currently awaiting the President’s signature.

Medical Marijuana and Cannabidiol Research Expansion Act (HR 8454) – This legislation was introduced by Rep. Earl Blumenauer (D-Ore.) on July 21. The purpose of the bill is to increase the supply of marijuana that may be used in government studies. It expands the number of registered entities (e.g., academia, practitioners, manufacturers) that may manufacture, distribute, dispense or possess marijuana or cannabidiol (CBD) for the purposes of medical research. The bill also enables physicians to discuss with patients the potential harms and therapeutic potential of marijuana and its derivatives (such as CBD). Going forward, the Department of Health and Human Services will report on marijuana’s impact on various conditions, such as epilepsy; its impact on adolescent brains; and on the ability to operate a motor vehicle. The bill passed in the House on July 26 and in the Senate on Nov. 16. It was signed into law by the President on Dec. 2.

Equal Pay for Team USA Act of 2022 (S 2333) – This bill was introduced by Sen. Maria Cantwell (D-Wash.) on July 13, 2021, and was passed in the Senate on Dec. 8. The legislation would require equal compensation and benefits for all athletes representing the United States in international amateur athletic competitions, regardless of gender. The bill would require each sport’s national governing body to submit annual compliance reports pertaining to this requirement. The bill’s fate currently lies in the House.

To provide for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers’ Conference Committee of the National Railway Labor Conference and certain of their employees (HJ Res 100) – Passage of this bill was successful in averting a nationwide strike of rail workers, but it did not satisfactorily address all of their demands. The Act provides improved healthcare benefits and a 24 percent pay raise, as well as the ability to take limited unpaid sick leave without being subject to penalties. However, the bill failed to provide the five days of paid medical leave sought. The bill was introduced by Rep. Donald Payne Jr (D-N.J.) on Nov. 29, passed in the House on Nov. 30 and the Senate on Dec. 1. It was signed into law on Dec. 2.

Safe Connections Act of 2022 (HR 7132) – Introduced on March 17 by Rep. Ann Kuster (D-N.H.), this bill instructs cell phone service providers to waive separation of contract service fees when requested by survivors of domestic violence, human trafficking and related harms. The Act requires that the requestor present verifying documentation that a cosigner of thecontract committed or allegedly committed an act of domestic violence, trafficking or a related criminal act against the survivor. The requestor must assume financial responsibility for services after a line separation. The bill passed in the House on July 27, in the Senate on Nov. 17 and was signed into law on Dec. 7.

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No-Heir Estate Planning

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No-Heir Estate PlanningEven if you have no heirs, you should have an estate plan. Otherwise, the state will determine the fate of your worldly possessions. In fact, if you pass away “intestate” (without a will), the state can even keep all of your assets for itself – if no heirs are found.

The most basic tenet of no-heir estate planning is to write a will. Every state has different rules about what constitutes a legally enforceable will, so be sure to check out your state’s guidelines. If you move, you’ll need to update your will according to the state you live in when you pass away.

In your will, direct who receives which of your assets. There is no edict that says you must leave possessions to a relative. You can choose a friend, a group of people, or even one or more charitable organizations. You also should choose an executor of your will: someone you trust to carry out your wishes. This person can be an attorney or bank custodian of your assets. You should speak with whomever you choose to make sure they are willing to take on the role of executor. It is generally no small task and might entail distributing and even selling your possessions in order to make cash distributions to the beneficiaries.

If you have any pets, be sure to figure out during the planning process who is willing to take care of your animals after you pass or direct their care to a specific shelter.

Also, consider the beneficiaries you will designate for bank and investment accounts, as well as any insurance policies you own. Note that beneficiary designations you assign on these accounts will supersede your will instructions, even if they preceded when you wrote your will. For example, your employer might pay for a life insurance policy in your name that pays out proceeds equaling two to three times your salary. You might not even remember that you completed this paperwork years ago, naming your girl/boyfriend at the time as your beneficiary. If you don’t keep those designations up to date, you may end up leaving a substantial sum to a woman/man who broke your heart instead of the person who embraces it now.

It is also a good idea to name a “Transfer on Death” (TOD) designation on other types of accounts, such as your bank checking and savings accounts. This designation also supersedes will instructions and allows your money to be distributed once the beneficiary presents your death certificate and proper ID. It’s actually advisable to name the executor of your will as TOD, as he may need to access your funds quickly to pay for funeral and burial expenses. Other assets can take longer to distribute, so a TOD designation is a quicker way for your beneficiary to access cash.

Be aware that even if you have prepared a will, your estate will still be subject to probate, in which a judge makes the final determination of your assets. If you wish to avoid this step, you can fold all or a portion of your assets under one or more trusts, which will distribute them according to the trust directions and avoid probate altogether. A trust is particularly beneficial if you have a large estate or wish to leave a substantial donation to one or more charities.

Another estate planning consideration is what to do if, instead of dying, you become incapacitated and cannot make decisions for yourself. As part of the estate planning process, you should name a power of attorney to make financial decisions for you. This can be anyone – a friend or close neighbor or the person you name as executor of your will.

You should also establish a living will, advanced care directive, and/or healthcare proxy. A living will is a directive that states your wishes regarding medical care should you become incapacitated (e.g., permanently unconscious). An advanced care directive can be more specific, such as establishing a “do not resuscitate” (DNR) order if your breathing or heartbeat stops and if you would like to donate tissues or organs after you pass.

A healthcare proxy, which may be referred to as a medical or durable power of attorney, is the assignment of a person who will make all of your healthcare decisions when you no longer can. Note that with medical instructions as well, states have varying guidelines. It’s important to be familiar with your state’s requirements and update your medical care directives if you relocate to another state.