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SF1909 (Legislative Session 94 (2025-2026))

County attorneys authorization to use administrative subpoenas in wage theft investigations

Related bill: HF689

AI Generated Summary

This bill amends Minnesota Statutes 2024, Section 388.23, Subdivision 1, to expand the authority of county attorneys in public safety investigations. Specifically, it grants county attorneys and their authorized deputies or assistants the power to issue administrative subpoenas to obtain records relevant to wage theft investigations.

Summary of Key Provisions:

  1. Expanded Authority for Investigations

    • County attorneys can already subpoena records from certain entities (such as telecom providers, utilities, financial institutions, and transportation companies) for specific criminal investigations (like welfare fraud and identity theft).
    • The amendment allows them to also subpoena wage and employment records for wage theft investigations.

  2. Types of Records that Can Be Subpoenaed for Wage Theft Investigations

    • Accounting and financial records (e.g., payroll records, banking transactions, money transfers).
    • Employer records required under Minnesota Statute 177.30, which mandates businesses to keep wage and employment records.
    • Other employment-related records that pertain to wages, hours, and working conditions of employees.

  3. Limitations on Administrative Subpoenas

    • Subpoenas must be relevant to an ongoing law enforcement investigation.
    • In welfare fraud and identity theft cases, subpoenas require probable cause of a crime.
    • The new authority applies only to business entities, not private individuals or their homes.

Purpose & Impact:

The bill aims to strengthen wage theft enforcement by giving county attorneys a new investigative tool to obtain employer records without a court order. This helps law enforcement gather evidence more efficiently in wage theft cases, where workers may not have access to pay or employment records.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 26, 2025SenateFloorActionIntroduction and first reading
February 26, 2025SenateFloorActionReferred toJudiciary and Public Safety
March 26, 2025SenateFloorActionAuthor added

Citations

 
[
  {
    "analysis": {
      "added": [
        "Subpoena power for records related to wage theft investigations."
      ],
      "removed": [],
      "summary": "This bill authorizes county attorneys to issue administrative subpoenas in wage theft investigations by amending the existing authority in section 388.23.",
      "modified": [
        "Expanded list of entities from which records may be subpoenaed."
      ]
    },
    "citation": "388.23"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This bill references section 177.30 to require records to be kept by employers in the context of wage theft investigations.",
      "modified": [
        "Cites existing record-keeping requirements needed for wage theft investigations."
      ]
    },
    "citation": "177.30"
  }
]

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