1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to public safety; authorizing county attorneys to use administrative |
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3 | 3 | | 1.3 subpoenas in wage theft investigations; amending Minnesota Statutes 2024, section |
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4 | 4 | | 1.4 388.23, subdivision 1. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 388.23, subdivision 1, is amended to read: |
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7 | 7 | | 1.7 Subdivision 1.Authority.(a) The county attorney, or any deputy or assistant county |
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8 | 8 | | 1.8attorney whom the county attorney authorizes in writing, has the authority to subpoena and |
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9 | 9 | | 1.9require the production of: |
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10 | 10 | | 1.10 (1) any records of: |
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11 | 11 | | 1.11 (i) telephone companies, cellular phone companies, paging companies, and subscribers |
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12 | 12 | | 1.12of private computer networks including Internet service providers or computer bulletin |
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13 | 13 | | 1.13board systems,; |
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14 | 14 | | 1.14 (ii) electric companies, gas companies, and water utilities,; |
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15 | 15 | | 1.15 (iii) chemical suppliers,; |
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16 | 16 | | 1.16 (iv) hotels and motels,; |
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17 | 17 | | 1.17 (v) pawn shops,; |
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18 | 18 | | 1.18 (vi) airlines, buses, taxis, and other entities engaged in the business of transporting |
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19 | 19 | | 1.19people,; and |
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20 | 20 | | 1Section 1. |
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21 | 21 | | REVISOR KLL/AC 25-0297701/29/25 |
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22 | 22 | | State of Minnesota |
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23 | 23 | | This Document can be made available |
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24 | 24 | | in alternative formats upon request |
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25 | 25 | | HOUSE OF REPRESENTATIVES |
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26 | 26 | | H. F. No. 689 |
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27 | 27 | | NINETY-FOURTH SESSION |
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28 | 28 | | Authored by Frazier, Greenman, Momanyi-Hiltsley, Smith, Pursell and others02/13/2025 |
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29 | 29 | | The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law 2.1 (vii) freight companies, warehousing companies, self-service storage facilities, package |
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30 | 30 | | 2.2delivery companies, and other entities engaged in the businesses of transport, storage, or |
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31 | 31 | | 2.3delivery, and; |
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32 | 32 | | 2.4 (2) records of the existence of safe deposit box account numbers and customer savings |
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33 | 33 | | 2.5and checking account numbers maintained by financial institutions and safe deposit |
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34 | 34 | | 2.6companies,; |
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35 | 35 | | 2.7 (3) insurance records relating to the monetary payment or settlement of claims,; |
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36 | 36 | | 2.8 (4) the banking, credit card, and financial records of a subject of an identity theft |
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37 | 37 | | 2.9investigation or a vulnerable adult, whether held in the name of the vulnerable adult or a |
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38 | 38 | | 2.10third party, including but not limited to safe deposit, loan and account applications and |
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39 | 39 | | 2.11agreements, signature cards, statements, checks, transfers, account authorizations, safe |
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40 | 40 | | 2.12deposit access records and documentation of fraud, and; |
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41 | 41 | | 2.13 (5) wage and employment records of an applicant or recipient of public assistance who |
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42 | 42 | | 2.14is the subject of a welfare fraud investigation relating to eligibility information for public |
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43 | 43 | | 2.15assistance programs.; and |
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44 | 44 | | 2.16 (6) any of the following records of an employer or other person who is the subject of a |
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45 | 45 | | 2.17wage theft investigation: |
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46 | 46 | | 2.18 (i) accounting and financial records such as books, registers, payrolls, banking records, |
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47 | 47 | | 2.19credit card records, securities records, and records of money transfers; |
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48 | 48 | | 2.20 (ii) records required to be kept pursuant to section 177.30, paragraph (a); and |
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49 | 49 | | 2.21 (iii) other records that in any way relate to wages, hours, and other conditions of |
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50 | 50 | | 2.22employment of any employee. |
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51 | 51 | | 2.23 (b) Subpoenas may only be issued for records that are relevant to an ongoing legitimate |
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52 | 52 | | 2.24law enforcement investigation. Administrative subpoenas may only be issued in welfare |
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53 | 53 | | 2.25fraud and identity theft cases if there is probable cause to believe a crime has been committed. |
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54 | 54 | | 2.26This provision applies only to the records of business entities and does not extend to private |
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55 | 55 | | 2.27individuals or their dwellings. |
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56 | 56 | | 2.28 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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57 | 57 | | 2.29committed on or after that date. |
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58 | 58 | | 2Section 1. |
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59 | 59 | | REVISOR KLL/AC 25-0297701/29/25 |
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