| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 30-A MRSA §5250-I, sub-§16, as enacted by PL 2003, c. 688, Pt. | | D, §2, is amended to read: |
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| | | 16. Qualified business activity. "Qualified business | | activity" means a business activity that is conducted within a | | Pine Tree Development Zone and is directly related to financial | | services, manufacturing or a targeted technology business for | | which the business receives a certificate from the commissioner | | pursuant to section 5250-O. Notwithstanding any provision of law | | to the contrary, to the extent that a qualified business activity | | has an effect on any waters of the State, that qualified business | | activity is a designated use of those waters for the purposes of | | Title 38, chapter 3. |
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| | | Sec. 2. 30-A MRSA §5250-I, sub-§17, as enacted by PL 2003, c. 688, Pt. | | D, §2, is amended to read: |
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| | | 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 qualified Pine Tree Development Zone employees 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 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 | | business in this State engaged in financial services, | | manufacturing or a targeted technology business that adds | | qualified Pine Tree Development Zone employees above its | | base level of employment in this State and that: |
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| | | (1)__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 | | 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 |
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