Sec. 5. 5 MRSA §13120-G, sub-§2, as enacted by PL 2001, c. 703, §6, is amended to read:

2. Authority for transfers of interest in land to authority. Notwithstanding any other provision of law, upon the authority's request, on reasonable and fair terms and conditions and without the necessity for advertisement, order of court or action or formality other than the regular and formal action of the authorities concerned, counties, municipalities, public agencies or instrumentalities of the State, public service corporations and special districts may lease, lend, grant or convey to the authority real or personal property or rights in that property that may be necessary or convenient for the effectuation of the authorized purposes of the authority, including real and personal property or rights in that property already devoted to public use. As used in this subsection, the term "public service corporation" includes a public utility as defined in Title 35-A, section 102, subsection 13 and a corporation as defined in Title 13-A 13-C.

Sec. 6. 5 MRSA §17001, sub-§40, as amended by PL 2001, c. 239, §2 and affected by §5 and amended by c. 374, §4 and amended by PL 2003, c. 20, Pt. OO, §2 and affected by §4, is repealed and the following enacted in its place:

40.__State employee.__"State employee" means any regular classified or unclassified officer or employee in a department, any employee of the Maine Community 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 except as provided in Title 20-A, section 7407, subsection 3-A, any employee of the Maine Military Authority, 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.