CHAPTER 271 - STATE HIGHWAY DEPARTMENT SUPERVISION OF MOSQUITO CONTROL

AN ACT RELATING TO MOSQUITO CONTROL AND TRANSFERRING THE SUPERVISION, THEREOF TO THE STATE HIGHWAY DEPARTMENT.

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-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", said Act being Chapter 15, Volume 39, Laws of Delaware, approved by the Governor on November 29, 1933; and

WHEREAS, the term of the members of said Mosquito Control Commission expired on the 29th day of May, 1935; and

WHEREAS, "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", was passed by the 105th Session of the General Assembly of the State of Delaware, the same being Chapter 114, Volume 40, Laws of Delaware, approved April 12, 1935; and

WHEREAS, the work of said Mosquito Control Commission is now and for sometime has been performed by and through the State Highway Department;

NOW, THEREFORE, be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met:

State of Delaware shall be under the supervision and control of the State Highway Department, which Department is authorized and empowered to perform all the duties, powers and functions given to the said Mosquito Control Commission.

Section 2. The State Highway Department shall have power and authority to take all necessary and proper steps and measures for the eradication of mosquitoes; and shall have power and authority to treat as nuisances all stagnant pools of water or other breeding places of mosquitoes; it shall have power and authority to purchase all needed equipment, supplies and materials, and to employ such labor and services as may be proper or necessary in the furtherance of the objects of this Act, and to fix the compensation, and prescribe the duties of all employees, agents and servants; to have the right of entry for the purpose of determining the breeding places of mosquitoes, whether on privately owned land or not, and to treat with proper means all such breeding places wherever situated, doing no unnecessary damage, and generally to do any and all things necessary or incident to the powers hereby granted, and to carry out the objects herein specified; provided, however, the Department shall perform and exercise the authority and powers hereinbefore granted within the limitations of any appropriation made under any Appropriation Act of the General Assembly for mosquito control purposes.

Approved March 26, 1945.