Establishes the New York state organized retail crime task force to provide the governor and the legislature with information on organized retail crime and various countermeasures to counter losses from such crime in the state.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6568B
SPONSOR: McDonald TITLE OF BILL:
An act in relation to establishing the New York state organized retail
crime task force; and providing for the repeal of such provisions upon
expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
To create an organized retail crime task force that will review current
laws and provide legislative and regulatory recommendations to help
prevent such crime, enhance consumer protections and address the econom-
ic impact in New York State.
SUMMARY OF PROVISIONS:
Section 1. Creation of the task force;
Section 2. Fifteen, members including: Eight members appointed by the
governor, six without recommendation including one member of law
enforcement; one member appointed by the governor upon the recommenda-
tion of the Retail Council; one member appointed by the Governor upon
the recommendation of the Retail, Wholesale, and Department Store Union;
two members appointed by the majority leader of the Senate; two members
appointed by the speaker of the Assembly; one member appointed by the
minority leader of the Senate; one member appointed by the minority
leader of the Assembly; and one member appointed by the attorney gener-
al;
Section 3. Requires the task force to submit a report to the governor,
Legislature, and attorney general;
Section 4. Effective Date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSIONS:
Amendments to add minority leadership appointments to the task force and
adjust the appointment structure.
JUSTIFICATION:
Organized retail crime is estimated to be a $100 billion problem for the
retail industry in the United States, according to the 2022 Retail Secu-
rity Survey. Retailers, on average, experienced a 26.596 increase in
organized retail crime incidents from 2021 to 2022. Most importantly,
eight in ten retailers reported that violence and aggression associated
with organized retail crime increased in 2021. This trajectory cannot
continue and a resolution is critical. This legislation will empower a
task force to provide independent and expert opinion on the most effec-
tive ways for the state to combat organized retail crime activity in
stores and local communities. In order to address this complex problem,
it is necessary to formalize collaboration among all stakeholders - law
enforcement, prosecutors, retailers and retail employee advocates. Many
other states, including New Jersey, have created a task force to
research and explore solutions to reduce organized retail crime. It is
important to stop organized retail crime and protect businesses, employ-
ees and consumers.
PRIOR LEGISLATIVE HISTORY:
2022: A.6790 (Cusick) / S.3742 (Gaughran)
2020: A.8380 Referred to governmental Operations / S.5643 Referred to
crime victims, crime and correction
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6568--B
R. R. 384
2023-2024 Regular Sessions
IN ASSEMBLY
April 19, 2023
___________
Introduced by M. of A. McDONALD, BUTTENSCHON, THIELE, ZACCARO, GUNTHER,
BENEDETTO, ZEBROWSKI, OTIS, ROZIC, FAHY, McDONOUGH, DeSTEFANO, MCGOW-
AN, K. BROWN, JOYNER, WALLACE, SAYEGH, COLTON, SLATER, ANGELINO, DAVI-
LA, WOERNER, FLOOD, GALLAHAN -- read once and referred to the Commit-
tee on Governmental Employees -- reported and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
reported and referred to the Committee on Rules -- amended on the
special order of third reading, ordered reprinted as amended, retain-
ing its place on the special order of third reading
AN ACT in relation to establishing the New York state organized retail
crime task force; and providing for the repeal of such provisions upon
expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The legislature hereby establishes the New York state
2 organized retail crime task force (referred to hereinafter as the "task
3 force") to provide the governor and the legislature with information on
4 organized retail crime and various countermeasures to counter losses
5 from such organized retail crime in the state.
6 § 2. 1. The task force shall consist of fifteen members as follows:
7 a. eight members appointed by the governor as follows:
8 i. six members appointed by the governor without recommendation, one
9 of whom shall be an individual who represents state or local law
10 enforcement;
11 ii. one member appointed by the governor upon the recommendation of
12 the Retail Council of New York State; and
13 iii. one member appointed by the governor upon the recommendation of
14 the Retail, Wholesale and Department Store Union;
15 b. two members appointed by the temporary president of the senate;
16 c. two members appointed by the speaker of the assembly;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07652-13-3
A. 6568--B 2
1 d. one member appointed by the minority leader of the senate;
2 e. one member appointed by the minority leader of the assembly; and
3 f. one member appointed by the attorney general.
4 2. The members of the task force shall receive no compensation for
5 their services, but shall be allowed their actual and necessary expenses
6 incurred in the performance of their duties pursuant to this act.
7 Appointed members shall, to the greatest extent practicable have, by
8 education or experience, knowledge of organized retail crime.
9 3. Any vacancies in the membership of the task force shall be filled
10 in the same manner provided for in the initial appointment.
11 4. The task force may consult with any organization, government enti-
12 ty, or person, in the development of its report required under section
13 three of this act.
14 § 3. On or before December 15, 2025, the task force shall submit to
15 the governor, attorney general, the temporary president of the senate,
16 the speaker of the assembly, the minority leader of the senate and the
17 minority leader of the assembly a report containing, but not limited to,
18 the following information based on available data:
19 1. a review of laws and regulations on organized retail crime used by
20 other states, the federal government, foreign countries, and foreign
21 political and economic unions to regulate the marketplace;
22 2. the impact of organized retail crime on state and local tax
23 receipts, employee, and community safety;
24 3. the need for interagency coordination of public education and
25 outreach and prevention programs for business owners; and
26 4. legislative and regulatory recommendations, if any, to increase
27 transparency and security, enhance consumer protections, prevent organ-
28 ized retail crime, and to address the long term economic impact related
29 to the prevalence of organized retail crime.
30 § 4. This act shall take effect immediately and shall expire December
31 15, 2025 when upon such date the provisions of this act shall be deemed
32 repealed.
