Senate Bill 2370

(As Sent to Governor)

AN ACT TO CREATE NEW SECTION 25-33-25, MISSISSIPPI CODE OF 1972, TO REQUIRE NOTICE TO THE PUBLIC UNDER CERTAIN CIRCUMSTANCES WHEN A NOTARY PUBLIC IS NOT AN ATTORNEY; TO CREATE NEW SECTION 25-33-27, MISSISSIPPI CODE OF 1972, TO PROHIBIT FALSE ADVERTISING BY A NOTARY PUBLIC THAT THE NOTARY PUBLIC IS AN IMMIGRATION CONSULTANT; TO CREATE NEW SECTION 25-33-29, MISSISSIPPI CODE OF 1972, TO PROVIDE EXCEPTIONS; TO CREATE NEW SECTION 25-33-31, MISSISSIPPI CODE OF 1972, TO PROVIDE PENALTIES FOR VIOLATION OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 25-33-25, Mississippi Code of 1972:

25-33-25. Notice that a Notary Public is not an Attorney.

A notary public who is not an attorney licensed to practice law in this state and, who advertises in any language the person's services as a notary public by radio, television, signs, pamphlets, newspapers, telephone directory or other written or oral communication, or in any other advertisement, shall include with such advertisement the notice set forth in this section in English and/or in any other languages used in the advertisement. The notice shall be of conspicuous size and shall state: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF MISSISSIPPI, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."

An advertisement on radio or television must include substantially the same message.

SECTION 2. The following shall be codified as Section 25-33-27, Mississippi Code of 1972:

25-33-27. Prohibited Representations or Advertising.

A notary public who is not an attorney licensed to practice law is prohibited from representing or advertising that the notary public is an immigration consultant, immigration paralegal or expert on immigration matters unless the notary public is an accredited representative of an organization recognized by the board of immigration appeals pursuant to 8 CFR Section 292.2(a-e) or any subsequent federal law.

SECTION 3. The following shall be codified as Section 25-33-29, Mississippi Code of 1972:

25-33-29. Exceptions.

The provisions of Sections 25-33-25 through 25-33-31 shall not apply to:

(a) Notary services offered by a state or national bank, trust company, savings and loan association, savings bank or by any affiliate or subsidiary of such state or national bank, trust company, savings and loan association or savings bank or any agent or employee thereof; or

(b) Any offering of notary services or listing of fees for notary services as a part of the closing of any loan transaction, extension of credit, security instrument or transfer of title.

SECTION 4. The following shall be codified as Section 25-33-31, Mississippi Code of 1972:

25-33-31. Compliance.

(1) Failure to comply with the provisions of Sections 25-33-25 through 25-33-29 constitutes an unfair or deceptive act as provided in Section 75-24-5.

(2) Any person who knowingly and willfully violates any provision of Sections 25-33-25 through 25-33-29 shall be guilty of a misdemeanor, and upon conviction shall be fined in an amount not to exceed One Thousand Dollars ($1,000.00).

(3) Upon a second conviction of any person under Sections 25-33-25 through 25-33-29, the offenses being committed within a period of five (5) years, the person shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in the county jail for a period not to exceed one (1) year or a fine not to exceed One Thousand Dollars ($1,000.00), or both.

(4) Upon a third or subsequent conviction of any person for a violation of Sections 25-33-25 through 25-33-29, the offenses being committed within a period of five (5) years, the person shall be guilty of a felony, and upon conviction shall be punished by confinement in the custody of the Department of Corrections for a period not to exceed five (5) years, or fined in an amount not to exceed Five Thousand Dollars ($5,000.00), or both.

(5) Criminal convictions in other jurisdictions for violations of substantially similar provisions to those contained in Sections 25-33-25 through 25-33-29 shall be counted in computing whether a violation under Sections 25-33-25 through 25-33-29 is a first, second, third or subsequent offense.

SECTION 5. This act shall take effect and be in force from and after July 1, 2004.