California Democrats threaten to repeal retail theft bills over Prop. 47 changes, angering GOP

California Democrats are facing blowback from Republicans over amendments to a package of retail theft bills that would void them if voters approve a ballot measure changing portions of Proposition 47.

Assembly Republican leader James Gallagher of Yuba City and Senate Minority Leader Brian Jones of San Diego on Thursday sent a letter to Assembly Speaker Robert Rivas, D-Hollister, and Senate President Pro Tem Mike McGuire, D-Healdsburg, saying the amendments “threaten to do grave damage to the bipartisan progress we have made with the retail theft package.”

“The poison pill amendments — specifically, an urgency clause and the automatic repeal of retail theft bills should voters adopt the (ballot) initiative — undermine these efforts,” the letter said. “These amendments set a dangerous precedent, forcing our constituents into a false choice between legislative reforms and necessary modifications to Proposition 47.”

Republicans are angry about amendments Democrats want to add to some bills that would cause them to take effect immediately after Gov. Gavin Newsom signs them and would repeal them if voters approve the ballot measure in November.

It’s unclear whether Republican influence will do much damage to the measures in a Legislature with a Democratic supermajority. But it shows ballot measure backers may be concerned about whether the bill package could affect support for their initiative.

Nick Miller, a Rivas spokesman, said leaders don’t plan to add the repeal amendments to all the bills. For example, they wouldn’t amend Assembly Bill 1972 from Assemblyman Juan Alanis, R-Modesto, which expands the regional property crimes task force to include cargo theft.

Retail theft politics

Democrats in recent months have put forward dozens of bills meant to address retail theft. The package is Rivas and McGuire’s answer to the initiative changing Proposition 47. The 2014 voter-approve initiative reduced penalties for some drug and theft crimes. It set a $950 threshold for misdemeanor shoplifting, which some attribute to a perceived uptick in retail theft.

Some of the bills in the retail package mirror aspects of the ballot measure. However, a key difference is a provision in the initiative that would increase penalties for someone convicted of shoplifting who has two or more prior theft-related convictions.

Leaders’ goal is to get the bill package to the governor during the next two weeks, Miller said.

The amendments would allow Democrats to head off the ballot measure by immediately enacting their policies, which may satisfy some groups clamoring for increased theft penalties, such as the California Retailers Association. The repeal amendments could push those who support the legislation over the initiative to lean on proponents to remove it from the ballot.

Rachel Michelin, president of the Retailers Association, said Republicans’ reaction is “a little bit of an admission that the package is a strong package.”

In a statement, Miller said Republicans’ threats to pull support represents “political grandstanding.” He said the amendments “will ensure that there are no conflicts and inconsistencies in policies that move forward, no matter what voters decide.”

McGuire said in a statement that “these 14 (Senate) bills that will move next week aren’t about partisan politics, they’re about keeping the people of California safe.”

The measures are set for hearings in the Assembly and Senate Public Safety committees next week.

Retailers ‘boxed in’ by changes

Rivas and McGuire are rushing the retail theft measures ahead of a June 27 ballot measure qualification deadline. Californians for Safer Communities, a group pushing changes to Proposition 47, will likely see their initiative — the Homelessness, Drug Addiction and Theft Reduction Act — cleared to go before voters in November.

The legislative leaders and Newsom oppose the ballot measure, saying they can address retail theft without going to voters with substantial Proposition 47 changes. Their package attempts to address the concerns of the big box store chains that have backed the ballot measure.

But Californians for Safer Communities has continued to push the initiative, insisting its changes are necessary. The amendments seem intended to add stakes to the ballot measure and potentially act as a negotiating stick.

Michelin of the Retailers Association said she has long backed an urgency clause enacting the retail theft bills immediately. But she is “kind of boxed in” by the amendment repealing them if the ballot measure passes.

“We’re supporting the package,” she said. “I’m just hopeful that we are going to be able to find some kind of conclusion that we can get that out between now and by the time these bills get to the governor’s desk.”

Michelin said her group and the California District Attorneys Association, which backs the ballot measure, met with Assembly leadership on Monday and learned of the amendments then.

She said she’s “frustrated, because this shouldn’t be a political game.”

“Now it’s all blown up because everyone’s using it for politics,” Michelin said. “Which I think, at the end of the day, is nothing really to do about putting tools in the toolbox to combat retail theft.”