An Act To Create Jobs in Aroostook and Washington Counties
Maine Legislature, Session 127, LD 0767
Committee Amendment CA_A-HA_A_H481 (House)
Amends: 36 MRSA §6753

HOUSE AMENDMENT ,It "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 everything 
after the following: "Amend the bill" and inserting the following: 
'by striking out everything after the enacting clause and before the summary and 
inserting the following: 
'Sec. 1. 30-A MRSA §S2S0-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 Except for 
employees in Aroostook and Washington counties, "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 capita 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 Aroostook and Washington counties, "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 weekly basis, is greater than the 
average weeldy wage for the most recent available calendar year as derived from the 
quarterly census of employment and wages and provided annually by the Department of 
Labor. The calculation of the average weekly wage must include data from the counties 
of Androscoggin, Aroostook, Franklin, Hancock, Kennebec, Knox, Lincoln, Oxford, 
HOUSE AMENDMENT 
HOUSE AMENDMENT'~ to COMMITTEE AMENDMENT "A" to H.P, 520, L.D, 767 
Penobscot, Piscataquis, Sagadahoc, Somerset, Waldo ang Washi!1gton, NQtwithstanding 
this subsection, with respect to Aroostook and Washing~on counties, ill a cOlllltyjn which 
the average annual unemployment rate at the time 9f cerqficatiQn for the most recent 
calendar y~ar is greater than the state average for the same ,Year, the wage threshold is 
90% of the average weekly wage as derived from the quarterly gens~f employment and 
wages. 
Notwithstanding this subsection, with resnect to Aroo~took ~nd Washington 
counties and upon approval of the commissioner, a qualified busil1ess locatetd in a county 
in which th.e average annual unemplQyment rate at the time gf c$!1jfication for the most 
recent calendar year is greater than the state average for that. same year qualifies for a 
phase-in of salary threshold require~ents. A qua~ifi~4 9usi~ess,vnderthispro"is~()~ must 
meet 70% of the average weekly wage as derived from. the quarterly census of 
employment and wages in the first year of certification, 80% of the average weekly wage 
as derived from the quarterly cens~s of emploYITl~nt anq. wages in the 2nd year of 
certification and 90% gf the average weekly wage as qerived from the quarterly census of 
enjployme~t and wages in all following years ofcertif1cation, Failure to tne(;)tany of 
th~se requirements results in automatic rev9,cation of CSirtification. 
"Qualifi~d Pine Tree 
Develgpment Zone employees" does not include xml?~~es shift~d, to, a qualified 
business activity from a nonqualified activity of the qualified Pine tree Development 
Zone business or an affiliated Qusiness .. The co~missioner shall determine whether' a 
shifting of employees has occurred. 
Sec. 2. 30-A MRSA §S2S0-I, sub-§lS-A is enacted to read: 
18-A. 
Quarterly census of employment and wages. 
"Quarterly census of 
emnloYment. and wages" means the comprehensive tabulation of employment and wage 
informati9n for workers produced by the quarterly censlls of employment and wages 
12rogram, a coonerative program involving the federal Department of Labor, Bureau of 
Labor Statistics and the state employment security agencies. 
Sec. 3. 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 Aroostpok County 
or Was~ington County, "qualified employee" means a new, full-time employee hired in 
this State by a qualified business, for whom a retirement program subject to the 
Employee Retirement Income Sec\lfity Act of 1974, 29 United States Code, Chapter 18 
and group health insurance are provided, and whose income derived from employment 
with the applicant, calculated on a calendar year basis, is greater than the most recent 
annual per capita personal income in the county in which the qualified emplQyee is 
employed, as long as Maine income tax withholding attributed to the qualified employee 
is subject to reimbursement to the qualified business under this chapter. 
"Qualified 
employee" does not include an employee who is shifted to a qualified business from an 
affiliated business. The commissioner shall determine whether a shifting of employees 
has occurred. 
For an employee in Aroostook County and Washington County, "qualified employee" 
means a new, full-time 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 12rovided" and whose 
income derived from employment with the applicant, calculated on a weekly basis~ 
HOUSE AMENDMENT 
20, 
HOUSE AMENDMENT ,,11< to COMMITTEE AMENDMENT "A" to H.P. 520, L.D. 767 
greater than the average weekly wage for the most recent ayailable calendar year as 
derived from the quarterly census 9f employment and wages and provided annually by 
the Department of Labor, as long as Maine incQme tax withholding attributed to the 
qualifiegemployee is subject to reimbursement to the ~ualified business under this 
chapter. "Qualified employee" doys not include an employee who is shifted to a qualified 
business from an affiliated business. 
The commissioner shall determine whether a 
shifting of employees has occurred. The calcl~lationof tlle a"era~weekly wage must 
incluge data from the counties of Alldroscoggin, Aroostook, Fran!s!in, Hancock, 
Kennebec, Knox, Lincoln, Oxford, P~bscot, Pis~at$lquis, Sagagahoc, Somerset, Waldo 
and Washiqg!Qn. 
Notwithstanding this subsection, with res-l2e<;t to AroostQok and 
Washington counties, in a county in whic~ the average annu~l unemploymyntrate at the 
time of certification for the most recent calengar yeClr is greater than the state average for 
the same year, t):1e wage threshold is 90% of the average weekly wage as derived from the 
quarterly census of emplQyment ang wages. 
NotwithstaJ}ding this subsection, with 
respect to Aroostook and Washington counties and llPOll.APproval of the commissiopel:,.J! 
q~alified business located in a county in which the av~rage anfilIal unemployment rate at 
the tillle of certification for the mQst recent calendar year ,iurreat..mJhan_th~~te average 
for that same year qualifies for a phase-in of salary threshgl.dJequirements. A qualified 
business under this provision must meet 70% of the average weekly wage as derived from 
the quarterly census of employment and wages in the first year of certification, 80% of 
the average weekly wage as derived from the quarterly census Qf employment and wages 
in the 2nd year of certification and 90% Qf the average weekly wage' as derived from the 
quarterly census of employment and wages in all fQllQwing years of certification. Failure 
to meet any of these requirements results in automatic revocatiqn...Q.t~Jtification. 
Sec. 4. 36 MRSA §6753, sub-§12-A is enacted to read: 
12-A. 
Quarterly census of employment and wages. 
"9l:larterly census of 
employment and wages" means the comprehensive tabulation of employment and wagtl 
information for workers produced by the quarterly census of employment and wages 
program, a cooperative program involving the federal Department Qf Labor, Bureau of 
Lagor Statistics and the state employment security agencies.' , 
SUMMARY 
Current law requires that a qualified employee in a Pine Tree Development Zone or 
under the Maine Employment Tax Increment Financing Act be paid a wage greater than 
the annual per capita personal income in the county in which the qualified employee is 
employed. This amendment changes this requirement to require that such an employee in 
Aroostook County or Washington County be paid a weekly wage greater than the average 
weekly wage in certain counties. With respect to Aroostook and Washington counties, in 
HOUSE AMENDMENT 
HOUSE AMENDMENT ff" to COMMITTEE AMENDMENT "A" to H.P. 520, L.O. 767 
a county 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. 
SPONSORE1) BY: 
OI1L--P 
~ 
(Representative M~ 
TOWN: Eagle Lake 
FISCAL 1'IOTE REQUIRED 
(See attached) 
.-.~~~ 
HOUSE AMENDMENT 
Approved: 06/18/15 
~ac 
Net Cost (Savings) 
General Fund 
Revenue 
General Fund 
LD767 
LR 1201(04) 
An Act To Create Jobs in Aroostook and Washington Counties 
Fiscal Note for House Amendment ft to Committee Amendment "A" 
Sponsor: Rep. Martin of Eagle Lake 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2015-16 
FY 2016-17 
$0 
$0 
Projections 
FY 2017-18 
$4,750 
Other Special Revenue Funds 
$0 
$0 
$0 
$0 
($4,750) 
($250) 
Fiscal Detail and Notes 
Projections 
FY 2018-19 
$9,500 
($9,500) 
($500) 
This amendment makes ,changes to the wage requirements under the Pine Tree Development Zone credit program for 
Aroostook and Washington counties and would result in a reduction in General Fund and Local Government Fund 
revenue in the 2018-2019 biennium. 
LR 1)01 (04) - Fi.~r.~l Not"  P~a" 1 of 1