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SF 327

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 06/21/2017 11:31am

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 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 any of the following:

(1) a current or former member of the armed forces of the United States or a reserve
component of the armed forces of the United States, who receives pay or benefits from the
United States, or any state, for service in the armed forces of the United States or a reserve
component of the armed forces of the United States;

(2) the spouse of the member as described in clause (1); and

(3) any individual considered a beneficiary of the military benefits of the member as
described in clause (1).

(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.

A person who is found to have violated this section is
subject to the penalties and remedies provided in section 8.31. A private action taken to
enforce this section pursuant to section 8.31 is in the public interest.

EFFECTIVE DATE.

This section is effective August 1, 2017, for contracts entered
into on or after August 1, 2017.

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