| | The word "person" as used in this section and sections 1745 to | 1749 shall mean means and include includes any individual, | copartnership, association, corporation or joint stock company, | and their lessees, trustees or receivers appointed by any court | whatsoever. |
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| | Sec. 2. 23 MRSA §52, as amended by PL 1997, c. 52, §1, is repealed | and the following enacted in its place: |
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| §52. General powers and duties |
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| | The Department of Transportation, referred to in this chapter | as "the department," may from time to time make and shall enforce | rules and regulations relating to the planning, design, | engineering, construction, improvement, maintenance and use of | transportation infrastructure.__The department may from time to | time make and shall enforce rules relating to the manner of | conducting all investigations and hearings and the administration | of its office, powers and duties.__The department shall direct | the expenditure of all money for the planning, design, | engineering, construction, improvement, demolition, maintenance | and use of all transportation infrastructure for which state | funds are provided by law. The department may obtain leases for | such land and office space as the department considers necessary | for the performance of its duties.__As used in this section, | "transportation infrastructure" means infrastructure related to | all modes of transportation, including highways, bridges, | railroads, ferries, mass transit, airports and bicycle and | pedestrian facilities, as well as all buildings, utilities, | facilities and other appurtenances related to such modes. |
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| | The department has full power to purchase all supplies, | materials and equipment that are incidental to, or necessary for, | project-specific construction, improvement or maintenance of | transportation infrastructure.__The purchase of supplies, | materials and equipment for nonproject-specific purposes must be | made through the State Purchasing Agent as provided by law. For | the purposes of this section, unless the context otherwise | indicates, "project-specific" means relating to a specific | location for a limited duration, as opposed to perennial, | nonlocation-specific activities.__The department may be consulted | by and shall, without charge, advise municipal officers and road | commissioners on the subject of construction, improvement and | maintenance of public highways, bridges and other structures. The | department shall whenever practicable give preference in | employment to the inhabitants of the town in which such highways | are located. |
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| | The department may adopt its own guidelines for determining | the reasonableness and permissibility of various cost factors, |
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