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.