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S.F. No. 327 - Prohibition of Assignment of Military Pay or Benefits (First Engrossment)
 
Author: Senator Bruce D. Anderson
 
Prepared By: Kathleen Pontius, Senate Counsel (651/296-4394)
 
Date: February 20, 2017



 

This bill prohibits the assignment of military pay or benefits, which is prohibited under federal law, and provides for a remedy under state law.

Section 1, subdivision 1, defines the terms “military beneficiary” and “person.”

Subdivision 2 prevents a person from entering into or attempting to enter into an agreement with a military beneficiary that assigns pay or benefits in violation of federal law.  An agreement that violates this subdivision would be void.

Subdivision 3 contains the penalties and remedies.  A person who is found to have violated this section would be subject to the penalties and remedies under section 8.31, which is the general law establishing attorney general powers and remedies, as well as private actions in certain cases, for violations of consumer protection laws and other laws governing business practices.  A statement that enforcement of this section through a private action or action by the attorney general is in the public interest is included, as well as language specifying that a military beneficiary may bring a private action under section 8.31.

This section is effective August 1, 2017.  The provision making certain contracts void would apply to contracts entered into on or after that date.

 
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