Office of the Revisor of Statutes
SF 1909
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/28/2025 09:37 a.m.
Bill Text Versions
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Introduction
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Posted on 02/26/2025 |
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A bill for an act
relating to public safety; authorizing county attorneys to use administrative
subpoenas in wage theft investigations; amending Minnesota Statutes 2024, section
388.23, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 388.23, subdivision 1, is amended to read:
Subdivision 1.
Authority.
new text begin (a) new text end The county attorney, or any deputy or assistant county
attorney whom the county attorney authorizes in writing, has the authority to subpoena and
require the production ofnew text begin :
new text end
new text begin (1)new text end any records ofnew text begin :
new text end
new text begin (i)new text end telephone companies, cellular phone companies, paging companies, new text begin and new text end subscribers
of private computer networks including Internet service providers or computer bulletin
board systemsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (ii)new text end electric companies, gas companies, new text begin and new text end water utilitiesdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (iii)new text end chemical suppliersdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (iv)new text end hotels and motelsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (v)new text end pawn shopsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (vi)new text end airlines, buses, taxis, and other entities engaged in the business of transporting
peopledeleted text begin ,deleted text end new text begin ;new text end and
new text begin (vii)new text end freight companies, warehousing companies, self-service storage facilities, package
delivery companies, and other entities engaged in the businesses of transport, storage, or
deliverydeleted text begin , anddeleted text end new text begin ;
new text end
new text begin (2)new text end records of the existence of safe deposit box account numbers and customer savings
and checking account numbers maintained by financial institutions and safe deposit
companiesdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end insurance records relating to the monetary payment or settlement of claimsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (4)new text end the banking, credit card, and financial records of a subject of an identity theft
investigation or a vulnerable adult, whether held in the name of the vulnerable adult or a
third party, including but not limited to safe deposit, loan and account applications and
agreements, signature cards, statements, checks, transfers, account authorizations, safe
deposit access records and documentation of frauddeleted text begin , anddeleted text end new text begin ;
new text end
new text begin (5)new text end wage and employment records of an applicant or recipient of public assistance who
is the subject of a welfare fraud investigation relating to eligibility information for public
assistance programsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(6) any of the following records of an employer or other person who is the subject of a
wage theft investigation:
new text end
new text begin
(i) accounting and financial records such as books, registers, payrolls, banking records,
credit card records, securities records, and records of money transfers;
new text end
new text begin
(ii) records required to be kept pursuant to section 177.30, paragraph (a); and
new text end
new text begin
(iii) other records that in any way relate to wages, hours, and other conditions of
employment of any employee.
new text end
new text begin (b)new text end Subpoenas may only be issued for records that are relevant to an ongoing legitimate
law enforcement investigation. Administrative subpoenas may only be issued in welfare
fraud and identity theft cases if there is probable cause to believe a crime has been committed.
This provision applies only to the records of business entities and does not extend to private
individuals or their dwellings.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end