CHAPTER 12

APPROPRIATION

AN ACT AUTHORIZING AND DIRECTING THE STATE HIGHWAY DEPARTMENT TO ASSUME AND CONTINUE THE WORK FOR THE CONTROL AND ELIMINATION OF MOSQUITOES, HERETOFORE CONDUCTED BY THE MOSQUITO CONTROL COMMISSION; AUTHORIZING AND DIRECTING THE MOSQUITO CONTROL COMMISSION TO TRANSFER AND DELIVER TO THE STATE HIGHWAY DEPARTMENT ALL ITS MACHINERY, TOOLS, AND EQUIPMENT, TOGETHER WITH ALL MAPS, CHARTS AND RECORDS, AND PROVIDING A PENALTY FOR FAILURE TO TRANSFER SAME; AND PROVIDING AN APPROPRIATION THEREFOR.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. Upon this act becoming effective, all work, heretofore conducted under the control, management and supervision of the Mosquito Control Commission of this State, for the control and elimination of mosquitoes shall be under the absolute control, management and supervision of the State Highway Department, which said Department is hereby authorized and directed to continue such work at such places in this State and in such manner as said Department deems most advisable in the interest of public health and comfort, having due regard for plant and animal life. In carrying out such work, said Department is hereby authorized to enter into agreements and contracts with Delaware property owners, the Civilian Conservation Corps, or any other agency, Federal or otherwise, engaged in mosquito elimination; to employ such agents and servants as may be deemed necessary; and to provide the necessary equipment for performing such work.

Section 2. Within ten days after this Act becomes effective, the Mosquito Control Commission is hereby authorized and directed to transfer and deliver to the State Highway Department, for the use of, and to become the property of said Department, all machinery, toots and equipment of every description, and all maps, charts, surveys, books, documents and records pertaining to mosquito control and elimination, and all other property belonging to said Commission.

Section 3. Any member of the said Mosquito Control Commission, or any agent or servant of said Commission, or any other person, who shall neglect or refuse to comply with the provisions of Section 2 of this Act, or who shall interfere with or prevent, or try to prevent, any such transfer or delivery of said machinery, tools and equipment, or maps, charts, surveys, books, documents or records, as in this Act provided, or any of them, shall be deemed guilty of a misdemeanor and, upon conviction thereof by any Court of competent jurisdiction, shall be punished by a fine not exceeding One Thousand Dollars, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment in the discretion of the Court.

Section 4. There is hereby appropriated from the State Treasury the sum of Twenty-five Thousand Dollars ($25,000.00) to be paid out of the General Fund of the State Treasury and placed to the credit of the State Highway Department, said sum, or any necessary part thereof, to be used for the purpose of carrying on the work described in Section 1 hereof, any unexpended balance thereof remaining at the end of the present biennium to be returned by said Department to the general Fund. The appropriation of Thirty-five Hundred Dollars ($3500.00) for each year of the current biennium heretofore made as set forth in the General Appropriation Act for the fiscal years ending June 30, 1940, and June 30, 1941, or so much remaining unexpended upon this Act becoming effective is hereby repealed and made null and void, and shall be cancelled by the fiscal officers upon the books and accounts of the State indicating such appropriation.

Approved September 5, 1939.