HF 368

as introduced - 90th Legislature (2017 - 2018) Posted on 02/06/2017 04:32pm

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

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

Section 1.

new text begin [325F.992] PROHIBITION OF ASSIGNMENT OF MILITARY PAY OR
MILITARY BENEFITS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

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

new text begin (c) "Person" has the meaning given in section 325F.68.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin (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.
new text end

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

new text begin Subd. 3. new text end

new text begin Penalties; remedies. new text end

new text begin A person who is found to have violated this section is
subject to the penalties and remedies provided in section 8.31.
new text end