Whereas, this proposal clarifies the status, rights and benefits of employees of the Governor Baxter School for the Deaf; 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. 5 MRSA §285, sub-§1, ķA-1 is enacted to read:

A-1.__Any employee of the Governor Baxter School for the Deaf, unless a binding agreement signed by the employer and the employee or the employee's representative otherwise provides;

Sec. 2. 5 MRSA §17001, sub-§40, as amended by PL 1999, c. 152, Pt. E, §3, is further amended to read:

40. State employee. "State employee" means any regular classified or unclassified officer or employee in a department, any employee of the Maine Technical College System, except those who make the election provided under Title 20-A, section 12722, any employee of the Governor Baxter School for the Deaf unless a binding agreement signed by the employer and the employee or the employee's representative otherwise provides, any employee of the Northern New England Passenger Rail Authority and any employee transferred from the Division of Higher Education Services to the Finance Authority of Maine who elects to be treated as a state employee, but does not include:

A. A judge, as defined in Title 4, section 1201 or 1301, who is now or later may be entitled to retirement benefits under Title 4, chapter 27 or 29;

B. A member of the State Police who is now entitled to retirement benefits under Title 25, chapter 195; or

C. A Legislator who is now or later may be entitled to retirement benefits under Title 3, chapter 29.

Sec. 3. PL 1999, c. 775, §15, sub-§5 is repealed and the following enacted in its place: