CHAPTER 114 - MOSQUITO CONTROL COMMISSION

AN ACT TO CONTINUE THE CONTROL AND EXTERMINATION OF MOSQUITOES IN THE STATE OF DELAWARE, IN THE INTERESTS OF PUBLIC HEALTH AND COMFORT, AND TO CONTINUE TO PROMOTE PUBLIC WORKS PROJECTS IN COOPERATION WITH THE DIRECTOR OF EMERGENCY CONSERVATION WORK, AND TO PROVIDE THE MONEYS NECESSARY FOR CARRYING OUT THE PROJECTS ON BEHALF OF THE STATE OF DELAWARE.

WHEREAS, the General Assembly of the State of Delaware passed an Act entitled An Act to create a Mosquito Control Commission in the interests of public health and comfort, to promote and encourage public-work projects in cooperation with the Director of Emergency Conservation work, and to provide the moneys necessary for carrying out the projects on behalf of the State of Delaware," said Act being Chapter 15, Volume 39, Laws of Delaware, approved by the Governor November 29, 1933; and,

WHEREAS, the term of the members of the Mosquito Control Commission created by said Act of Assembly was limited to the period of eighteen months from the date of appointment which term will expire on the twenty-ninth day of May, 1935, at which time also the funds providing for the operation of said Mosquito Control Commission will also cease; and,

WHEREAS, the work of said Mosquito Control Commission since its appointment by the Governor has been of great benefit to the citizens of the State, especially those living on or near the shores and water-courses of the State; and,

WHEREAS, it is desirable that a similar Commission for the control and elimination of mosquitoes should be created to maintain the work already done and to continue and enlarge its operations:

Section 1. That a permanent Commission to be known as "Mosquito Control Commission of the State of Delaware" be and the same hereby is created to consist of five members to be appointed by the Governor on or before the twenty-ninth day of May, A. D. 1935, one of said members to be selected from the staff of the Agricultural Experiment Station of the University of Delaware; one to be selected from the State Board of Health of the State of Delaware; and the remaining three to be selected from the public at large, such selections to be made so that not more than three of said members shall be from any one political party. Two of said Commissioners shall be appointed for the term of three years; two for the term of two years, and one for the term of one year; and upon the expiration of the terms of the Commissioners so appointed the Governor shall appoint their successor or successors for a term of three years. In case of a vacancy by death, resignation or otherwise the Governor shall fill said vacancy for the unexpired term.

Section 2. The members of the Commission shall receive no compensation for their services, but each such member shall be entitled to reasonable expenses actually incurred in the performance of their official duties, and all salaries and expenses authorized by the said Commission shall be paid out of the State Treasury in the same manner as other salaries of State officers and employees are paid; provided, however, that the aggregate of all salaries and expenses that are permitted to be authorized and paid out of the State Treasury, under the provisions of this Act, shall not exceed the sum of Eight Hundred Dollars ($800.00) per month.

Section 3. Within five days after the appointment of the members aforesaid, they shall convene at the State Capitol in Dover, Delaware, at a time to be fixed by the Governor, and organize by electing one of the members to serve as Chairman and annually thereafter said Commission shall elect a chairman from among its members, who shall serve in that capacity until the expiration of his term. Before entering upon the duties of the office, each member of the Commission shall take and subscribe to an oath or affirmation as prescribed by the Constitution of the State of Delaware.

Three members shall constitute a quorum, and, except as herein otherwise provided, the vote of a majority of the members present shall be sufficient for any action by the Commission.

Section 4. As soon after the organization as is practicable the Commission, at least three members concurring therein, shall employ an Executive Officer and Engineer, who shall be a graduate of some reputable engineering school or college. He shall have direction of all administrative and field work, carry out the policies of the Commission in all contracts between the State Government, Delaware property owners, the Civilian Conservation Corps, or any other agency, Federal or otherwise, engaged in mosquito elimination work in the State. He shall hold office at the pleasure of the Mosquito Control Commission, at least three members concurring, who, by like vote, shall have power to fix his salary, and he shall make detailed reports to the Commission of the work done each month, and the Commission shall make a full and complete report of its activities and accomplishments to the Governor on or before the first day of December of each and every year.

Section 5. The said Commission, at least three members concurring therein, shall employ such engineering and office assistance as shall be deemed necessary to carry out the obligation of the State and shall provide the necessary transportation equipment required. They shall have power to fix the amount of the compensation of assistants and to allow the necessary traveling and field expenses, which are actually incurred in the performance of their official duties.

Section 6. The executive officer and engineer selected by the Commission shall be responsible to the Commission for the control, management and operation of the activities of the Commission.

Section 7. There is hereby appropriated from the State Treasury a sum not in excess of Eight Hundred Dollars ($800.00) per month for each month of the next biennium, for the purpose of carrying into effect the provisions of this Act, and the State Treasurer is empowered and directed to pay the vouchers signed by the proper officials of the said Mosquito Control Commission. Provided, however, that the sum appropriated, in accordance with the provisions of this Section, shall be increased at the rate of One Hundred Dollars ($100.00) per month for each additional Civilian Conservation Corps, that may be hereafter established, not exceeding three additional corps; and, provided further, that in no event shall the total sum appropriated under this Act exceed the sum of Eleven Hundred Dollars ($1100.00) per month for each month of the next biennium.

Section 8. That this Act shall be deemed to be a Supplementary Appropriation Act and the money hereby appropriated shall be paid out of the General Fund of the State Treasury not otherwise appropriated.

Approved April 12, 1935.