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November
23, 2005
IN THIS ISSUE:
Georgia Supreme Court Reverses ID Theft Ruling
NRF Launches Retail Loss Prevention Intelligence Network
Last Call For Ad Valorem Inventory Tax Hearing
We would like to wish you a Happy Thanksgiving from the Board of
Directors and staff of the Georgia Retail Association. The GRA office
will be closed Thursday and Friday, November 24-25 for the holiday
and will reopen Monday, November 28.
Justices Reverse ID Theft Decision
On Monday, November 21, 2005 the Georgia Supreme Court said that
identity theft cases should be tried where the victim lives, a ruling
the state's top lawyer said is critical in combating identity theft.
In a 4-3 ruling, the court changed an earlier decision that would
have allowed ID theft cases to be tried where the alleged thief
obtained the information, not the victim's home county.
"Regardless of where the records were accessed, the use of
the information obtained therefore is consummated in the county
where the victim lives," wrote Justice George Carley.
However, in a dissenting opinion, Justice Harold Melton said the
ruling created "a dangerous precedent allowing this court to
rewrite the Constitution." He was joined in his dissent by
Chief Justice Leah Ward Sears and Justice Harris Hines.
The justices reconsidered the case after Attorney General Thurbert
Baker and a host of prosecutors contended that the ruling could
threaten identity theft prosecutions.
In a motion filed in October, Baker and the state's district attorneys
argued the change would leave citizens vulnerable to ID theft committed
by thieves who never set foot in the state.
The ruling stems from the case of Willie C. Mayze, who was accused
of taking a Clayton County man's wallet and then accessing his credit
history in DeKalb County. Last month, in a 7-0 ruling, the court
found unconstitutional part of the law that allows identity-theft
cases to be tried in the county where the victim lives. That decision
relied on the Georgia Constitution, which says that criminal cases
must be tried in the county where a crime was committed.
It is unusual for the Georgia Supreme Court to change its mind after
publishing an opinion, and almost unheard of for it to reverse a
unanimous decision. But the court did just that on Monday, when
four justices defected from the initial ruling.
Writing for the new 4-3 majority, Justice George Carley said that
identity fraud can be committed in the county where the victim lives
"because that act is the unauthorized use of the victim's personal
information."
Baker applauded the court's change of heart. "Our identity
theft statute remains one of the strongest laws against identity
theft in the nation, and today's decision reinforces the core concept
that identity theft will not be allowed to flourish in Georgia,"
Baker said in a statement.
NRF Responds To Organized Crime By Launching Retail Loss
Prevention Intelligence Network
ON November 18th the National Retail Federation (NRF) announced
that they have launched the Retail Loss Prevention Intelligence
Network (RLPIN), a secure, web-based computer database that will
allow retailers to share information with each other and with law
enforcement.
RLPIN is expected to become the national standard for sharing information
in a secure and confidential manner, giving retailers and law enforcement
the ability to collaborate like never before. NRF began developing
RLPIN from the ground up in January 2005 and took council from retailers,
law enforcement, data privacy, and technology experts in creating
a robust technology platform.
The network will help Loss Prevention executives track and report
major crime incidents, ranging from credit card theft or burglaries
to organized retail crime. In addition, RLPIN allows retailers to
share information with law enforcement agencies nationwide, affording
detectives the opportunity of researching crimes in neighboring
cities, counties and states. To this point, nearly 200 retail companies
have expressed an interest in using the system.
The RLPIN system is available to retailers, regardless of NRF member
status, for $1200 per year and for a one-time per user set-up fee
of $200. Early adopters of RLPIN will receive special attention
from the help desk and benefit from an introductory price. Each
week, NRF will be adding several retailers to the system based on
an implementation and training schedule. For more information, visit
www.nrf.com\rlpin.
Final Ad Valorem Tax Hearing Time Change
The third and final hearing on HR 486 – the Ad Valorem Tax
Study Committee will be held on Wednesday, November 30, 2005 at
6:00 PM (new time) in Room 111 of the Coastal Georgia Center, 305
Fahm Street, Savannah, Georgia.
FROM I-16 East
1. Exit on Martin Luther King, Jr. Blvd. - LEFT off exit
2. Continue straight past Visitors Center
3. Turn LEFT @ traffic light onto Oglethorpe Street
4. Turn LEFT @ traffic light - Fahm Street
5. Straight 2 blocks - dead ends into Coastal Georgia Center (parking
to the right)
6. It is very important that we have a strong showing at this final
hearing. Please let me know if you will be able to attend.
Thank you.
John C. Heavener, MSM, CAE
President
johnh@georgiaretail.org
Telephone – 770-484-3449, ext. 21
Fax – 770-484-5727
Georgia Retail Association
About GRA: The Georgia Retail Association, with
membership that comprises all retail formats and channels of distribution
including department, specialty, discount, catalog, Internet, independent
stores, and grocery stores has been serving the state’s business
community since 1961. The Georgia Retail Association represents
an industry with more than 71,300 retail establishments, and more
than 715,000 employees - about one in five of Georgia’s workers
- and 2004 sales of $115.2 billion.
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CRR November 23, 2005
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