An Act To Amend the Pine Tree Development Zone Laws To Provide a Better Measurement of Per Capita Income
Maine Legislature, Session 125, LD 1171
Committee: Labor, Commerce, Research and Economic Development
Sponsors: SHAW, DIAMOND, DUCHESNE, EVES, FLOOD, HUNT, TUTTLE, BARTLETT, MARTIN, SAVIELLO
Amends: 30-A MRSA §5250-I

Legislative Document 
No. 1171 
H.P. 869 
House of Representatives, March 17, 2011 
An Act To Amend the Pine Tree Development Zone Laws To 
Provide a Better Measurement of Per Capita Income 
(EMERGENCY) 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative SHAW of Standish. 
Cosponsored by Senator DIAMOND of Cumberland and 
Representatives: DUCHESNE of Hudson, EVES of North Berwick, FLOOD of Winthrop, 
HUNT of Buxton, TUTTLE of Sanford, Senators: BARTLETT of Cumberland, MARTIN of 
Kennebec, SAVIELLO of Franklin. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, income qualifications for Pine Tree Development Zone benefits are based 
on the average per capita income of the county in which the business employs the 
qualifying employee; and 
Whereas, contiguous counties have different average per capita income rates; and 
Whereas, this difference has the largest negative effect, for purposes of qualifying 
for Pine Tree Development Zone benefits, on those businesses close to the border of the 
county; and 
Whereas, this legislation ameliorates that effect; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  30-A MRSA §5250-I, sub-§18, as amended by PL 2005, c. 351, §4 and 
affected by §26, is further amended to read: 
18.  Qualified Pine Tree Development Zone employees.  "Qualified Pine Tree 
Development Zone employees" means new, full-time employees hired in this State by a 
qualified Pine Tree Development Zone business for work directly in one or more 
qualified business activities for whom a retirement program subject to the Employee 
Retirement Income Security Act of 1974, 29 United States Code, Sections 101 to 1461, as 
amended, and group health insurance are provided and whose income derived from 
employment within the Pine Tree Development Zone, calculated on a calendar year basis, 
is greater than either the most recent annual per capita personal income in the county in 
which the qualified employee is employed or the average of the most recent annual per 
capita personal income in all counties having a borderline within 30 miles of the qualified 
business where the qualified employee is employed.  "Qualified Pine Tree Development 
Zone employees" does not include employees shifted to a qualified business activity from 
a nonqualified activity of the qualified Pine Tree Development Zone business or an 
affiliated business.  The commissioner shall determine whether a shifting of employees 
has occurred. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill permits the income calculations that define qualified employees under the 
Pine Tree Development Zone program to be based on the income average of neighboring 
counties for a business located near the county borders.