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HF 368

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 05/09/2018 10:33am

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - 2nd Engrossment

A bill for an act
relating to consumer protection; prohibiting the assignment of military pay or
benefits; providing remedies;proposing coding for new law in Minnesota Statutes,
chapter 325F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

[325F.992] PROHIBITION OF ASSIGNMENT OF MILITARY PAY OR
MILITARY BENEFITS.

Subdivision 1.

Definitions.

(a) For the purposes of this section, the terms in paragraphs
(b) and (c) have the meanings given.

(b) "Military beneficiary" means a current or former enlisted member or officer of the
United States Army, Navy, Air Force, Marine Corps, Coast Guard, or National Guard; the
spouse of the member or officer; and any individual considered a beneficiary of the military
benefits of the member or officer.

(c) "Person" has the meaning given in section 325F.68.

Subd. 2.

Prohibition.

(a) A person shall not enter into or attempt to enter into an
agreement with a military beneficiary that assigns the military beneficiary's military pay or
military benefits in violation of United States Code, title 37, section 701, or United States
Code, title 38, section 5301.

(b) A person shall not enter into or attempt to enter into any agreement, device, scheme,
or other artifice with a military beneficiary, including but not limited to a purchase and sale
agreement, that assigns or sells all or a portion of the military beneficiary's military pay or
military benefits.

(c) An agreement prohibited by paragraph (a) or (b) is void, and a military beneficiary
is not required to disgorge or repay any consideration received under the agreement.

Subd. 3.

Penalties; remedies.

In addition to any other remedies available under the law,
the military beneficiary injured by a violation of this section may bring a cause of action to
recover damages, reasonable attorney fees and costs, or equitable relief related to a violation
of subdivision 2.

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