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PA Bulletin, Doc. No. 06-1483

THE GOVERNOR

[36 Pa.B. 4170]
[Saturday, August 5, 2006]

PART I. GOVERNOR'S OFFICE

[4 PA. CODE CH. 7]

[EXECUTIVE ORDER NO. 2006-3]

Commonwealth Business License Information Exchange Program

   April 12, 2006

   Whereas, the public depends on licensing agencies within the Commonwealth to provide a measure of security that license applicants and licensees are in good standing and will conduct business fairly, honestly, and in compliance with the applicable licensure requirements and laws of the Commonwealth; and

   Whereas, the public interest requires an efficient and effective program to identify business licensees and applicants for business licenses who have not met their state tax obligations; and

   Whereas, this Administration strongly encourages voluntary compliance of all business licensees and applicants for business licenses with the tax laws of the Commonwealth by providing for the collection of State taxes due to the Commonwealth by licensees in a manner that will minimize disruption to operations of state agencies and their respective licensees.

   Now, Therefore, I, Edward G. Rendell, Governor of the Commonwealth of Pennsylvania, by virtue of the authority invested in me by the Constitution of the Commonwealth of Pennsylvania and other laws, do hereby order as follows:

    
Governor

   Fiscal Note:  GOV 06-5. (1) General Fund; (2) Implementing Year 2006-07 is $500,000; (3) 1st Succeeding Year 2007-08 is $300,000; 2nd Succeeding Year 2008-09 is $300,000; 3rd Succeeding Year 2009-10 is $300,000; 4th Succeeding Year 2010-11 is $300,000; 5th Succeeding Year 2011-12 is $300,000; (4) 2005-06 Program--$N/A; 2004-05 Program--$N/A; 2003-04 Program--$N/A; (7) Department of Revenue--Revenue Enforcement; (8) recommends adoption.

Annex A

TITLE 4. ADMINISTRATION

PART I. GOVERNOR'S OFFICE

CHAPTER 7. MISCELLANEOUS PROVISIONS

Subchapter YY. COMMONWEALTH BUSINESS LICENSE INFORMATION EXCHANGE PROGRAM

Sec.

7.821.Establishment.
7.822.Exchange Committee.
7.823.Cooperation by chief administrators.
7.824.Notice to agency.
7.825.Confidentiality of records.
7.826.Cooperation by State agencies.
7.827.Termination date.

§ 7.821. Establishment.

   The Secretary of Revenue shall develop and operate a Business License Information Exchange Program which identifies applicants for the issuance or renewal of State-issued licenses that have not timely reported or paid all State taxes due and owing to the Commonwealth.

§ 7.822. Exchange Committee.

   The Secretary of Revenue shall establish a Business License Information Exchange Committee (Committee) to oversee the Commonwealth Business License Information Exchange Program. The Committee will consist of representatives of the Department of Revenue, the Department of Labor and Industry and the Office of General Counsel and other agencies the Governor may direct from time to time.

§ 7.823. Cooperation by chief administrators.

   The chief administrators of all Commonwealth agencies under the Governor's jurisdiction shall cooperate with the Secretary of Revenue (Secretary) in implementing the Commonwealth Business License Information Exchange Program by:

   (1)  Providing the Secretary with the necessary information regarding all business licensees and applicants for business licenses of the agency including, but not limited to, the applicant's State Personal Income Tax identification number, State Sales Tax number, State Corporation Tax number, State Employer Withholding Tax number and Unemployment Compensation account number.

   (2)  Providing the Secretary with a statement signed by each licensee and applicant for license under penalty of perjury, indicating that all State tax reports have been filed and paid or, in the alternative, that a deferred payment plan is currently in effect. This statement must also acknowledge a waiver of confidentiality with respect to State tax information disseminated to licensing agencies in their performance of this official tax administration.

§ 7.824. Notice to agency.

   The Secretary of Revenue shall issue a notice to the licensing agency indicating those licensees and applicants who have unresolved State tax obligations.

§ 7.825. Confidentiality of records.

   Agencies, officers and employees shall treat records and files disclosed by the Department of Revenue as confidential and privileged to the extent provided by law and may disclose tax information only as authorized by law. The failure of any agency employee to implement standards safeguarding confidential State tax information will render the employee subject to sanctions as described in statutes dealing with the confidentiality of State tax information.

§ 7.826. Cooperation by State agencies.

   Agencies, officers and employees under the Governor's jurisdiction shall cooperate fully in the implementation of the Commonwealth Business License Information Exchange Program.

§ 7.827. Termination date.

   This subchapter takes effective immediately and continues until rescinded or terminated.

[Pa.B. Doc. No. 06-1483. Filed for public inspection August 4, 2006, 9:00 a.m.]


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