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 19900S1663B2272 - 2 -
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 19900S1663B2272 - 3 -
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 19900S1663B2272 - 4 -
1 members of the profession. 2 Section 7. Effective date. 3 This act shall take effect in 60 days. B1L63MRD/19900S1663B2272 - 5 -