(2)__Has received a certificate as a qualified business pursuant to section 5250-O; or

B. It has received a certificate as a qualified business pursuant to section 5250-O.

C.__A for-profit business in this State engaged in financial services, manufacturing or a targeted technology business that retains the jobs of Pine Tree Development Zone employees through significant capital investments and that:

(1)__Demonstrates that the capital investment retains the jobs of the remaining employees and demonstrates that the capital investment 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 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

(2)__Has received a certificate as a qualified business pursuant to section 5250-O.

Sec. 3. 30-A MRSA §5250-I, sub-§18, as enacted by PL 2003, c. 688, Pt. D, §2, is amended to read:

18. Qualified Pine Tree Development Zone employees. "Qualified Pine Tree Development Zone employees" means new, full- time employees hired or employees retained 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 (2003) and group health insurance are provided and whose wages derived from employment within the Pine Tree Development Zone are greater than the average annual per capita wages in the local labor market area in the county in which the qualified employee is employed. Qualified Pine Tree Development Zone employees must be residents of this State.