An Act To Create Jobs in Aroostook and Washington Counties
Maine Legislature, Session 127, LD 0767
Committee Amendment CA_A-HA_B_H497 (House)
Amends: 30-A MRSA §5250-I, 36 MRSA §6753

MAINE STATE LEGISLATURE 
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Date:{~;J3-/S~ 
L.D.767 
(Filing No. H-ijLl
ll) 
Reproduced and distributed under the direction of the Clerk of the Hquse. 
127TH LEGISLA TVRE 
HOUSE AMENDMENT ,,/3 " to COMMITTEE AMENDMENT "A" to H.P. 520, 
L.D. 767, Bill, "An Act To Create Jobs in Aroostook and Washington Counties" 
Amend the amendment in the first paragraph after the title by striking out evelything 
after the following: "Amend the bill" and inserting the following: 
'by striking out everything after the enacting clause and before the summary an<;l 
inserting the following: 
'Sec. 1. 30-A MRSA §5250-I, sub-§5-B is enacted to read: 
5-B. Call center. "Call center" means a busines~ enterprise tha~ ~lnl?loys 50 or more 
full-tillIe employees for the pUlJ)ose of customer se,rvice. 
Sec. 2. 30-A MRSA §S2S0-I, sub-§18, as amended by PL 2005, c. 351, §4 and 
affected by §26, is fUliher amended to read: 
18. Qualified Pine Tree Development Zone employees. 
~iHe4 Except for 
employees in call centers in Aroostook at;ld Washhlgt,on cOl1nties, "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 the most recent annual per capitl:! personal income in the county in which 
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. 
For employees in call centers in Aroostook and Washington counties, "qualified Pine 
Tree Development Zone employees" means new, full-time emploxees hired in this State 
by a qualified Pine Tree Development Zone busine~s for work directly ,in one or more 
qualified business activities for whom a retirement prognim 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 fro111 
HOUSE AMENDMENT 
HOUSE ArvlENDMENT 0" to COrvilvlTTTEE AlVlENDrvfENT "A" to H,P, 520, L.T), 767 
el11[lloyment within the Pine Tree DevelQpment Zone, calculated on a weeki), basjs, is 
greater than the avercwe vveeldD~'1£,~ for the l~lost recerlt available calend(lLJ'-~?r as 
derived from the qua~·terly cet1~us of ~lnploynlent and W'!R~, and proyidecl annually QY 
the D~artment of LulJor. The calcul<ition of the avelJ!R~ weelDy w~unust include dat1! 
from the counties of Androscog~6roostQok, Franklin, Hancocl(, I<-ennebec,-1(no~ 
Lincoln, Oxford, Penobscot,piscataquis, Sa,g<ic!a!lOC, Som~rset, Wald() and vyashington. 
Notwithstanding (}lis, sUbsection,vvith respect to e.lnpl()yees in call c~nters in Aroostook 
and Washington counties, in acount~vhich the avel:<:!Ke amlUall1nemployment rate at 
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the time of certitIcation for the most recent calendar year is water than the state average 
fo~' tl~~ sa'me year,til~~ tbreshoidis 90910 of the aY~I:ag~ \~e~kly ~vageas derived fl~om 
theguarterlycensus of en!pioYl~:el~La~d ~ages .. ~ot~itl~stamlil1ithis subsecti~n, with 
respect to a call center in Arqostook or Washington county and It.pon approval of the 
commission~'!...Jlllalified b\lSipess loi;ated in a countyj1Lwhich the average annual 
une~plOXl11ellt r~te at the~in~eofcerti~'cati()n 'for the n~ost recent 9ale~dar year is greater 
thaIl. the state average for that sameY~l!Ullalifies fora phase-iI} of salary threshold 
I~.ftuirements. A qualified bllsiness u.l!d..~.Jhis-wovisLon nll)st llle~t 70% of th,e average 
weekly ,,(age as der~ved fro,\! the gUst1:le,1;1y cens~lsof enlp)QymellLW,1iL:wages i~ the first 
year of certification,) 80% of the (lverag~ w.e~lcly' wag~ ,~s derive~ from the quarterly 
cens!ls. of el!!ployme,nt ard wages in the,2n.4.ye~r of e~rtification and ?O% 0 [the avera.g~ 
weekly wage as derived from the quart~rly census of employment and wages in all 
folIQwing y~ar~' of ce~·tifi~~don. 
Fail~lre t~ ,;eet' any . ~f' th~se requirements results i~ 
autom~t'ic revoc~tion or' certificatiQ~.i'Qualified Pine Tree' Development Zone 
errpi,oy~es",dQ~s ',!o,t inclu~e, employ~~s . ~~i~ted to a. gu,alifl,~4 ]2usin~0~ activity from a 
nongualifi~d activity of thequaJified Pil1e "Tree Deve,lopment Z()11e ,business or an 
affiliated business. The commissioner shall detennine whether a shiftirig of employees 
ha~ oCc~l1Ted.· 
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Sec. 3. 30~A MRSA §5.250~I, sub-§18~A is enacted to read: 
18-A. 
Quarterly census of emploxment and '\YaMS. 
"Qualierly census of 
employment a~d wages" means the c'oml?re~ensive tabul~do.n of employment and wage 
information for worker~, produced by the ,quaIierly census of employmel1t Cind wages 
program, a cooperative progral11 inY,2-lving the federal Department of Labor, Bureall of 
Labor Statistics and t~e state el~ployme~lt se9u~ity agenc;ies. 
Sec. 4. 36 MRSA §6753, sub-§5~Ais enacted to read: 
S-A. Call center. "Call center" means a business enterprise that employs 50 or more 
full-time el11pl~yees for th~punJose of customer service.' 
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Sec. 5. 36 MRSA §6753, sub-§12, as amended by PL 2009, c. 434, §82, is 
further amended to read: 
12. Qualified employee. "Qualified Except for an employee in a call center in 
Aroostook County or Washington County, "qualified employee'll means a new, full-tin~e 
employee hired in this State by a qualified business, for whom a retirement program 
subject to the Employee Retirement Income Security Act of 1974, 29 United States Code, 
Chapter 18 and group health insurance are provided, and whose income derived from 
employment with the applicant, calctllated on a calendar year basis, is greater than the 
most recent annual per capita personal income in the county in which the qualified 
HOUSE AMENDMENT 
HO(JSE AtVlENDIVIENT:b " to COlvlMITTEE AMENDi\lfENT "A" to H.P. 520, L.D. 767 
employee is employed, [\8 long as j\,;laine income tax withholding Llttribl.lted to the 
qualified employee is s\lbject to reimbl.1rsement to the qualified business lwder this 
chapter. "Qualified employee" does nqt include an employee "vho is shifted to a qualified 
business from an· ()ffiliatecl bl)siness. 
The commissioner shall clet~rmine whether a 
shifting of emplQyees has Qcc\med. 
for aq-SlllPl~~lJ1 a call cen~er inAroostook County or Wasllington CountXL~mLalified 
~llilllO:Xc;e" n}ealls£L!,1e~~Jul1-tkDe emQLoyee hired in th)s Statf~~~n.!~lified business, 
for 'YhonJ~a reti!~L.l1ent prOf£am sldQLe~t t.o the En,1Rloyee Retirement Ipcome Secllri.1Y.,6ct 
9J)91;!, 2~ 1JnjJ9d ~ates (~oclc, Chewter 18 al1d m1Ull2 he~lth inslll:ill.\c;e ar~.-J?)Q~{?ed, aru.i 
wl:ose inc()l~lesi~.rivcd from emp'19yn:lCl~t '(Vith the aI?plican~, ~~lculaJ~~!1 a W,eekly basis; 
~.r~ater th.afj. theav~rage weekly ~ctg.~ for the. mgst recel1~ ava,ilable calendar year as 
dedyed fr0111~~_guarterly C~n~l)S ()f ernm.oyment aIld wages all,cL12J,()vide9 ai1nual~ 
the Department of Labor, as long as Maine income tax withholding attributed to the 
quali'fred el1~plo~e . is s~~ct ~~ rei~1b'llrsem~nt to' th~ quali'fi~d bllsine'ss~ll;ct;thls 
chapter .. "Qualified employee" dQes not include an employee WhQj§~lif~g toa qualified 
biisiness fr0111 an affiliated business. . The commissioner shall determine whether a 
s~ifttbi~f~nQl0yees't~as occUl~e~·th~, 'calculati?,11of the!li~J-~e \veekly wage must 
include data from the counties of Androscog~~roostooL Franklin, HancQck, 
I(el1l~ebe~, 'I(~lo~, Lin~oln, Oxt~rc!: Pen06sc~t, Pisc~~~qui~, Sagad~hoc, Somerset,Waldo 
~nd Washi;lgton. 
Notwitl~sta~ding ti~i~'~ubsectio,n, with l:espe~t to a call center ill 
Aroostook orWa~hington county,JD.,a GQJJU!x in which the average annual unemployment 
rate at the time of certification for the most recent calendar year is greater than the state 
av~ra.g~ ~or ,th~ '~ame year, th~wag~h.r¥s,~~ld is 90% of t~e ~~~'ge weekly 0age ~s 
deriyed frQl1! t.I.!,~,quarterly census .of ~1,11J2loymen~ fi,nd wag~s, ,}.T0twithstandil}g this 
subsectiqn,. ,,:,it~ respect to a Gall cel1~~r in Aroostook or Vv'~shing,tQn county and upon 
.@J2roval of ~he commissioner, a qual~fied business located in. a county in which the 
average annual unemJ2loyment rate at the time of certification for the most recent 
calel1dar ye~r is greater than.: the state average for thalsame year qualifies for a phase-in 
.Qf~'llf,lIY threshold reglltrements. 
Aq~<!lified bus~r,tess .. und~r t~is provisi()l~ ~~l~~ nieet 
70% of iPs a\fera~weekly wage as deriveci from the quarterly census of em.p0vw.e~t and 
wages in the first year of certification, 80% of the average weekly wage as derived from 
thfSlliarterly cen~us ofemploy~e~t ~nd wages in the 211d year of certification'~nd 9(Y% of 
the averageweekiy V/age ;;8 ckrived' frOll1 the qUatterly~en.su~ gfeinployment [il1d wa~ 
!!1 all following years of celtification. Failure to meet any of th~se requirements res]llts in 
ai.ltomatiGr~vocation~ltification:' . .' 
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Sec. 6. 36 MRSA §6753, sub-§12-A is enacted to read: 
p~Q,.R,a,~tel:ly census of employment and 'Y~~~. "Quarterly cenSllS of 
emploxn~ent an~ wages" m.eans the comprehensive tabulation of employment at1d wage 
informaticm. for vvorkers produced by the qualterly cerisus ()f employment atliLFj!@§. 
program, a cooperative program involving the federal Depattment of Labor, Bureau of 
LabQr 'Statistics an~ the st~te elllploym~nt'se~~n'ity ~gyncies;'" 
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SUMMARY 
Current law requires that a qualified ~mployee in a Pine Tree Development Zone or 
under the Maine Employment Tax Increment Financing AGt be paid a wage great~r than 
HOUSE AMENDMENT 
Df} 
HOUS8 Al'vIENDMENT" 
." to COMMITTEE AMENDIVIENT "i\." to H.P. 520, L.D. 767 
the annual per capit:" personal income in the county in which the q~wlifiecl employee is 
employer;!. This amendment changes this requirement to reqllire that such an employee in 
a call center in Aroostook County or Washington County be paid a weekly wage greElter 
than the average weekly wage in certain counties. With respect to employees in call 
centers in Aroostook and Washington counties, in a cmmty in which the average annual 
unemployment rate is greater than the state average, this wage threshold is 90% of the 
average weekly wage in certain counties, 
Upon approval of the Commissioner of 
Economic and Community Development, a qualified business qualifies for a phase-in of 
this wage threshold, 
TOWN: EagJ 
HOUSE AMENDMENT