HF689

Purpose

• This bill would give county attorneys (and certain deputies or assistants they authorize in writing) in Minnesota the authority to issue administrative subpoenas to obtain specific records during wage theft investigations, welfare fraud investigations, and identity theft cases. The goal is to improve the ability of law enforcement to gather information needed to pursue wrongdoing in these areas.

What the bill changes

• It amends Minnesota Statutes 2024 section 388.23, subdivision 1.
• It explicitly authorizes county attorneys to subpoena and require production of a wide range of records from various kinds of businesses and organizations.
• It places limits on when administrative subpoenas can be used and who can be targeted (see Safeguards and Limitations).

What records can be subpoenaed (categories)

• Records from communications and private networks:
  • Telephone companies, cellular phone companies, paging companies, and subscribers of private computer networks including Internet service providers or bulletin board systems.
• Utility and service records:
  • Electric, gas, and water utilities.
• Suppliers and transportation-related records:
  • Chemical suppliers.
  • Hotels and motels.
  • Pawn shops.
  • Airlines, buses, taxis, and other entities that transport people.
  • Freight companies, warehousing companies, self-service storage facilities, package delivery companies, and similar transport/storage/delivery entities.
• Financial and banking records:
  • Records showing the existence of safe deposit box accounts and customer savings and checking account numbers held by financial institutions and safe deposit companies.
• Insurance records:
  • Records relating to the monetary payment or settlement of insurance claims.
• Financial and identity-related records:
  • Banking, credit card, and other financial records of a person who is the subject of an identity theft investigation or a vulnerable adult, including related documents such as loan and account applications, agreements, signature cards, statements, checks, transfers, safe deposit access, and fraud documentation.
• Welfare and public assistance records:
  • Wage and employment records of someone applying for or receiving public assistance who is the subject of a welfare fraud investigation (relating to eligibility for public assistance programs).
• Employer and wage-related records:
  • For the subject of a wage theft investigation, records of an employer or other person that may include:
  • Accounting and financial records (books, registers, payrolls, banking records, credit card records, securities, and money transfer records).
  • Records required by law to be kept (e.g., specific wage-and-hour record-keeping statutes).
  • Other records related to wages, hours, and other conditions of employment of employees.

Limitations and safeguards

• Administrative subpoenas may only be issued for records that are relevant to an ongoing legitimate law enforcement investigation.
• In welfare fraud and identity theft cases, administrative subpoenas may be issued only if there is probable cause to believe a crime has been committed.
• These provisions apply only to records of business entities; private individuals or their dwellings are not covered.

Significance and impact

• The bill expands the scope and tools available to county prosecutors in wage theft cases and related welfare/identity theft investigations.
• It creates a broad list of potential records that can be requested from many types of businesses and service providers, increasing the ability to uncover improper wage practices and fraud.

Relevant Terms administrative subpoenas; county attorney; deputy county attorney; assistant county attorney; wage theft; welfare fraud; identity theft; public assistance; records; records categories; ongoing legitimate law enforcement investigation; probable cause; business entities; private individuals; private dwellings; Minnesota Statutes 2024; section 388.23; subsection 1; subpoenas for records; financial records; wage and employment records; records of transport and logistics; utility records; telecommunications records; insurance records; safe deposit box records; payroll records; accounting records.