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ARIZONA STATE LEGISLATURE
Forty-eighth Legislature – Second Regular Session
ORGANIZED RETAIL THEFT TASK FORCE
Minutes of Meeting
Chairman Mirand called the meeting to order at 10:00 a.m. and attendance was noted by the secretary.
John Meza
Steve Schieman
Jon Smith (Roger Nelson, designee) Andrew Thomas (Philip MacDonnell, designee)
Roger Vanderpool (Bruce Campbell, designee)
Steve Waugh (Scott Mascher, designee)
Michael Mirand, Chair
PRESENTATION:
Public Testimony:
John Thomas, representing Mesa Marketplace and Goodyear Marketplace, explained that the difference between swap meets and flea markets is geographical; swap meet is a term used west of the Mississippi, while flea markets are east of the Mississippi. He related that the Mesa swap meet and the Goodyear swap meet have over 80,000 people attending in the winter. In all, they pay over $5 million in State and city taxes. The National Flea Market Association represents $1.5 billion in tax revenue across the country and flea markets represent the third largest retailer in the country. He said the Association is aware of organized retail theft problems that occur at all swap meets.
Chairman Mirand asked whether there is a formal process to notify law enforcement if the seller is engaging in questionable sales practices. Mr. Thomas replied that security is generally made up of off-duty officers who notify law enforcement.
Chairman Mirand queried whether all swap meets have representation. Mr. Thomas answered that there is no state association. Some of the smaller swap meets have no representation.
Michelle Ahlmer, Executive Director, Arizona Retailers Association, reviewed the recommendations to the proposed legislation made at previous meetings on organized retail theft (Attachment 1):
This applies to the burglary statute. It was previously in statute and then removed. This puts the language back into statute.
This is eliminated in that section because it is included in the new section that defines organized retail theft.
The new section creates organized retail theft with the intent to resell. It specifies that the crime is the intent to resell; not just the crime of shoplifting.
Chairman Mirand reminded members that this is a work in progress and has to go through the legislative process. Support for these recommendations means that members support the efforts of the task force and they identify organized retail theft as a problem within the State.
Recommendations:
Mr. MacDonnell moved that the Organized Retail Theft Task Force recommend to the Legislature to adopt the plan to change Arizona Law to make organized retail theft a separate offense. The motion carried by voice vote.
Mr. Schieman moved that the Organized Retail Theft Task Force recommend to the Legislature to require AzPOST to train all law enforcement officers regarding retail theft. The motion carried by voice vote.
Mr. MacDonnell moved that the Organized Retail Theft Task Force recommend to the Legislature that a statewide organized retail theft proactive law enforcement task force be formed to combat organized retail theft on a full-time basis.
In response to Mr. Nelson’s concern about bundling the recommendations, Chairman Mirand noted that each recommendation is separate, and these are recommendations the Committee will make to the Legislature.
Mr. Campbell asked whether this is another unfunded proposal. He stated that the Department of Public Safety will have trouble with them if they are not funded.
Chairman Mirand reiterated that these are three separate recommendations. He said it would be helpful if there is a task force but that proposal may not be accepted in these economic times since this will be unfunded.
Mr. Meza spoke of the need to bring law enforcement together when it comes to organized theft. He feels there is a real need to coordinate efforts throughout the Valley.
Mr. Campbell pointed out that organized retail theft is perpetrated by organized crime, including gangs. He said he does not want to put something forward that is so narrowly focused that it will not be worked on if it falls outside of certain areas. He expressed reservations that it would be something that would just be focused narrowly on, when in reality the scope is much wider.
Mr. Schieman commented that everything is looked at globally. It is a way for people to communicate and work together on one focus but is not limited to one thing.
Question was called on Mr. Schieman’s motion. The motion carried by voice vote.
Chairman Mirand advised that Senator Linda Gray is the sponsor for these legislative changes. He thanked her for her efforts and thanked members of the task force for their work on this issue.
Without objection, the meeting adjourned at 10:30 a.m.
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Joanne Bell, Committee Secretary
July 6, 2016
(Original minutes, attachments and audio on file in the Chief Clerk’s Office; video archives available at http://www.azleg.gov)
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ORGANIZED RETAIL THEFT TASK FORCE
2
December 16, 2008
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