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SF 327

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 02/14/2017 08:48am

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

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Current Version - 1st Engrossment

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.

[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, 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.

(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) 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.

Subd. 3.

Penalties; remedies.

Enforcement of this section through a private action or
by action of the attorney general is in the public interest. A military beneficiary may bring
a private action under section 8.31 for violations of this section. A person who is found to
have violated this section is subject to the penalties and remedies provided in section 8.31.

EFFECTIVE DATE.

This section is effective August 1, 2017. Subdivision 2, paragraph
(b), is effective August 1, 2017, for contracts entered into on or after that date.

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