| | 17. Qualified Pine Tree Development Zone business. "Qualified | Pine Tree Development Zone business" or "qualified business" | means any for-profit business in this State engaged in financial | services, manufacturing or a targeted technology business that | adds at least one qualified Pine Tree Development Zone employees | employee above its base level of employment in this State and | that meets the following criteria: |
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| A. It demonstrates that the establishment or expansion of | operations within the Pine Tree Development Zone would not | occur within the State absent the availability of the Pine | Tree Development Zone benefits. The department shall | investigate determine whether the business has met the | requirements of this paragraph and provide an advisory | opinion to the Executive Director of the Bureau of Revenue | Services in the Department of Administrative and Financial | Services, who shall make the final determination; and |
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| B. It has received a certificate as a qualified business | pursuant to section 5250-O. |
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| | Sec. 5. 30-A MRSA §5250-J, sub-§1, as enacted by PL 2003, c. 688, Pt. | D, §2, is amended to read: |
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| | 1. Creation. One or more units of local government, or an | organization representing one or more units of local government, | may apply to the commissioner for the designation of a Pine Tree | Development Zone within the boundaries of the unit or units of | local government in accordance with the requirements of this | subchapter. County governments may apply on behalf of | unorganized territories. Groups of units of local government may | apply for multijurisdictional or joint projects. | Multijurisdictional applications require designation of one unit | of local government as the lead applicant and consent for that | designation by each participating unit of local government. | Counties may also apply on behalf of a consortium of units of | local government. The designation of a Pine Tree Development Zone | may not conflict with the provisions of a municipal or other unit | of local government charter. Zones that meet the requirements of | subsection 2 are authorized for designation as follows: |
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| A. Aroostook County, including up to 100 acres of land | reserved for the Aroostook Band of Micmacs and the Houlton | Band of Maliseet Indians; |
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| B. The Androscoggin Valley region, including the Lewiston | Enterprise Community Zone as designated by the federal | Agriculture, Rural Development, Food and Drug | Administration, and Related Agencies, Appropriations Act, | Public Law 105-277 (1999); |
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