PRINTER'S NO. 2272
No. 1663 Session of 1990
INTRODUCED BY SALVATORE, JUNE 7, 1990
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JUNE 7, 1990
AN ACT
1 Requiring the licensing of locators of missing persons;
2 regulating the practice of locators.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Missing
7 Person Locator Licensing Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Department." The Department of State of the Commonwealth.
13 "Locator agency." Any individual, partnership, association
14 or corporation which, for consideration, is engaged in the
15 business of obtaining information with reference to the
16 whereabouts of missing persons, including heirs to estates,
17 abandoned property or escheated property.
1 Section 3. License required.
2 No individual, partnership, association or corporation shall
3 engage in the business of locator, notwithstanding the name or
4 title used in describing the business, for consideration,
5 without having first obtained a license so to do as provided in
6 this act.
7 Section 4. Application for license.
8 (a) General rule.--Any individual, partnership, association
9 or corporation intending to conduct a locating business shall,
10 for each agency and each person involved in the business, file
11 with the department a written application, duly signed and
12 verified, as provided in this section.
13 (b) Applications in general.--
14 (1) If the applicant is an individual, the application
15 shall be signed and verified by the individual. If the
16 applicant is a partnership or association, each individual
17 composing or intending to compose the partnership or
18 association shall file a separate application.
19 (2) The application shall state:
20 (i) The full name, age, residence, social security
21 number and present and previous occupations of each
22 individual signing the application and that he is a
23 citizen of the United States.
24 (ii) The name of the city, borough, township or
25 incorporated town, stating the street and number if the
26 premises have a street and number, and otherwise such
27 description as will reasonably indicate the location
28 thereof, where is to be located the principal place of
29 business and the bureau agency, subagency, office or
30 branch office in this Commonwealth for which the license
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1 is desired.
2 (iii) Such further facts as may be required by the
3 department to show the good character, competency and
4 integrity of each individual signing the application.
5 (3) Each individual signing the application shall,
6 together with application, submit to the department his
7 photograph, in passport size, and also fingerprints of his
8 two hands, recorded in such manner as may specified by the
9 department. Before approving the application, it shall be the
10 duty of the department to compare the fingerprints with
11 fingerprints of criminals filed in the records of the
12 Pennsylvania State Police.
13 (4) Every applicant shall establish, to the satisfaction
14 of the department that the applicant, if he is an individual
15 or, in the case of a partnership, association or corporation,
16 at least one member of the partnership, association or
17 corporation, has been regularly employed as a locator for a
18 period of not less than three years or upon submission of a
19 completed application an applicant may be employed as an
20 intern for three years before the application is approved.
21 (c) Applications by corporations.--
22 (1) If the applicant is a corporation, the application
23 shall be signed and verified by the president, secretary and
24 treasurer thereof.
25 (2) The application shall specify the name of the
26 corporation, the date and place of its incorporation, the
27 corporate FEIN, the location of its principal place of
28 business and the name of the city, borough, township or
29 incorporated town, stating the street and number if the
30 premises have a street and number, and otherwise such
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1 description as will reasonably indicate the location thereof,
2 where is to be located the bureau, agency, subagency, office
3 or branch office in this Commonwealth for which the license
4 is desired.
5 (3) The application shall be accompanied by a duly
6 certified copy of its certificate of incorporation.
7 (4) Each requirement of subsection (a) as to an
8 individual member of a partnership or association shall apply
9 to all officers and employees of the corporation.
10 Section 5. Enforcement.
11 The department shall have the power to enforce the provisions
12 of this act, and, upon complaint of any person or on its own
13 initiative, to investigate any violation thereof or to
14 investigate the business, business practices and business
15 methods of any person, partnership, association or corporation
16 applying for or holding a license as a locator if, in the
17 opinion of the department, such investigation is warranted. Each
18 such applicant or licensee shall be obliged, on request of the
19 department, to supply such information as may be required
20 concerning his or its business, business practices or business
21 methods or proposed business practices or methods.
22 Section 6. Advisory council.
23 The department shall designate an advisory council to be
24 composed of not less than three members nor more than six
25 members. The advisory council shall organize, elect a chairman
26 and thereafter meet upon the call of the chairman through the
27 department. The advisory council shall advise and counsel with
28 the department and make recommendations relative to the
29 operation and regulation of the locator industry. The advisory
30 council shall serve without pay and shall all be licensed
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1 members of the profession.
2 Section 7. Effective date.
3 This act shall take effect in 60 days.
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