79-11-519. Powers and duties of district attorneys and county prosecuting attorneys; administrative hearing by Attorney General; appeals; costs; attorney fees.

MISSISSIPPI CODE OF 1972 As Amended

SEC. 79-11-519. Powers and duties of district attorneys and county prosecuting attorneys; administrative hearing by Attorney General; appeals; costs; attorney fees.

(1) It is the duty of the district attorneys and county prosecuting attorneys of this state to prosecute all violations of the provisions of Sections 79-11-501 through 79-11-529. In addition, actions for violations of Sections 79-11-501 through 79-11-529 may be prosecuted by the Attorney General.

(2) Sections 79-11-501 through 79-11-529 shall not be construed to limit or restrict the exercise of the powers or the performance of the duties of the Attorney General which he otherwise is authorized to exercise or perform under any other provision of law by statute or otherwise except the rendering of interpretative opinions in accordance with Section 79-11-503 which shall be limited to the Secretary of State.

(3) Whenever the Secretary of State shall have reason to believe that any charitable organization, professional fund-raiser, or professional solicitor is operating in violation of the provisions of Sections 79-11-501 through 79-11-529, or if any of the principal officers of any charitable organization has refused or failed, after notice, to produce any records of such organization or there is employed or is about to be employed in any solicitation or collection of contributions for a charitable organization any device, scheme or artifice to defraud or for obtaining money or property by means of any false pretense, representation or promise, or any false statement has been made in any application, registration or statement required to be filed pursuant to Sections 79-11-501 through 79-11-529, in addition to any other action authorized by law, he may request the Attorney General to institute an administrative hearing or the Attorney General may institute such proceedings on his own initiative. Said hearing shall be named on behalf of the State of Mississippi against such charitable organization and any other person who has participated or is about to participate in such solicitation or collection by employing such device, scheme, artifice, false representation or promise, to enjoin such charitable organization or other person from continuing such solicitation or collection or engaging therein or doing any acts in furtherance thereof, or to cancel any registration statement previously filed with the Secretary of State.

(4) The Secretary of State and the Attorney General may exercise the authority granted in this section against any charitable organization or person which or who operates under the guise or pretense of being an organization exempted by the provisions of Section 79-11-505, and is not in fact an organization entitled to such an exemption.

(5) In any action brought under the provisions of Sections 79-11-501 through 79-11-529, the Attorney General is entitled to recover costs and reasonable attorney's fees for the use of this state. These costs and reasonable attorney's fees shall include those incurred by the Secretary of State in relation to the action. Any such costs and fees collected on behalf of the Secretary of State shall be remitted to the Secretary of State upon collection by the Attorney General.

SOURCES: Laws, 1991, ch. 515, Sec. 10; reenacted and amended, 1992, ch. 446, Sec. 10, eff from and after July 1, 1992.

1997 Amendment:

SECTION 12. Section 79-11-519, Mississippi Code of 1972, is amended as follows:

79-11-519. (1) It is the duty of the district attorneys and county prosecuting attorneys of this state to prosecute all violations of the provisions of Sections 79-11-501 through 79-11-529. In addition, actions for violations of Sections 79-11-501 through 79-11-529 may be prosecuted by the Attorney General.

(3) It shall be a violation of Sections 79-11-501 through 79-11-529 for any person:

(a) To misrepresent the purpose or beneficiary of a solicitation;

(b) To misrepresent the purpose or nature of a charitable organization;

(c) To use or exploit the fact of registration so as to lead the public to believe that such registration constitutes an endorsement or approval by the state;

(d) To misrepresent that any other person sponsors or endorses a solicitation;

(e) To use the name of a charitable organization, or to display any emblem, device or printed matter belonging to or associated with a charitable organization without the express written permission of the charitable organization;

(f) To make any false or misleading statement on any document required by Sections 79-11-501 through 79-11-529 or any rule or order thereunder;

(g) To fail to comply with the requirements of Sections 79-11-501 through 79-11-529 or any rule or order thereunder;

(h) To commit any unfair or deceptive act or practice; (i) To fail to provide complete and timely payment to a charitable organization of the proceeds from a solicitation campaign or a charitable sales promotion;

(j) To employ any device, scheme or artifice to defraud;

(k) To make any false or misleading statements in the solicitations of contributions in this state or to omit to state any fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading; (l) To engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon any person;

(m) To refuse or fail, after notice, to produce any records required to be kept under Sections 79-11-501 through 79-11-529, or any rule or order promulgated thereunder;

(n) To obtain money or property by means of any false pretense, representation or promise; or

(o) To violate any provisions of Sections 79-11-501 through 79-11-529 or any rule or order thereunder.

(4) It shall be a violation of Sections 79-11-501 through 79-11-529 for any charitable organization:

(a) To engage in any financial transaction which is not related to the accomplishment of its charitable purpose, or which jeopardizes or interferes with the ability of the charitable organization to accomplish its charitable purpose;

(b) To expend an unreasonable amount of money for solicitation or management;

(c) To use the name which is the same as or confusingly similar to the name of another charitable organization unless the latter organization shall consent in writing to its use;

(d) To represent itself as being associated with another charitable organization without the express written acknowledgment and endorsement of such other charitable organization;

(e) To use the services of an unregistered professional fund-raiser or fund-raising counsel or professional solicitor; or (f) To violate any provisions of Sections 79-11-501 through 79-11-529 or any rule or order thereunder.

(5) It shall be a violation of Sections 79-11-501 through 79-11-529 for any professional fund-raiser, professional fund-raising counsel or any professional solicitor:

(a) To perform any services on behalf of an unregistered charitable organization;

(b) To violate any provisions of Sections 79-11-501 through 79-11-529; or

(6) It shall be a violation of Sections 79-11-501 through 79-11-529 for any person, in connection with a public safety organization solicitation:

(a) To use any representation that implies that the contribution is for or on behalf of a public safety agency or a public safety organization, or using any emblem, device, or printed matter belonging to or associated with a public safety agency or organization, unless authorized in writing to do so by the agency or organization;

(b) Using a name, symbol, or statement that is similar to that used by a public safety agency or organization in a manner that is intended to confuse or mislead a person being solicited;

(c) Representing or implying that the solicitor is a peace officer or member of a public safety agency or public safety organization if the solicitor is not;

(d) Soliciting for a public safety organization, independent promotor, public safety publication, or cause by representing that those who respond affirmatively to the solicitation will receive favored treatment by public safety personnel; or

(e) To violate any provisions of Sections 79-11-501 through 79-11-529 or any rule or order thereunder.

(7) A misrepresentation may be accomplished by words or conduct or failure to disclose a material fact. Regardless of a person's intent or the lack of injury, the above acts and practices are prohibited in the planning, conduct or execution of any solicitation or charitable sales promotion.

(8) The Secretary of State or the Attorney General may exercise the authority granted in this section against any charitable organization or person which or who operates under the guise or pretense of being an organization exempted by the provisions of Section 79-11-505, and is not in fact an organization entitled to such an exemption.

SOURCE: 1997 Laws, Chapter 444, Sec. 1, SB2563, Effective July 1, 1997.

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