An Act To Protect the Public Health from Mosquito-borne Diseases
Maine Legislature, Session 126, LD 0292
Committee: Agriculture, Conservation and Forestry
Sponsors: GIFFORD, SHERMAN, BLACK, CRAY, SAUCIER

Legislative Document 
No. 292 
H.P. 201 
House of Representatives, February 7, 2013 
An Act To Protect the Public Health from Mosquito-borne Diseases 
Submitted by the Department of Agriculture, Conservation and Forestry pursuant to Joint 
Rule 204. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative GIFFORD of Lincoln. 
Cosponsored by Senator SHERMAN of Aroostook and 
Representatives: BLACK of Wilton, CRAY of Palmyra, SAUCIER of Presque Isle. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA c. 6-A is enacted to read: 
CHAPTER 6-A 
CONTROL OF MOSQUITOES 
§171.  Control of mosquitoes for protection of public health; state policy 
It is the policy of the State to undertake appropriate activities to reduce 
disease-carrying mosquito populations that threaten the health of residents of this State. 
The State shall use a wide array of integrated pest management techniques and other 
science-based technology in a manner that minimizes the risks of pesticide use to humans 
and the environment. 
§172.  Department lead agency; powers of commissioner 
The department is the lead agency of the State for carrying out mosquito-control 
activities as described in this chapter. 
The commissioner may use all lawful methods for the control of mosquitoes and the 
prevention of their breeding, including conducting or contracting for mosquito-control 
activities and purchasing necessary equipment for the purposes of carrying out this 
chapter. 
§173.  Rules 
The commissioner may adopt rules to carry out the purposes of this chapter. Rules 
adopted pursuant to this section are routine technical rules as described in Title 5, chapter 
375, subchapter 2-A. 
§174.  Duties of commissioner 
1.  Study; plan; arrange cooperation.  The commissioner, in cooperation with 
appropriate personnel from the Department of Health and Human Services, shall, when 
sufficient money for such purposes is available in the fund, consider and study 
mosquito-control problems, including mosquito surveillance; coordinate plans for 
mosquito-control work that may be conducted by private landowners, groups, 
organizations, municipalities, counties and mosquito-control districts formed pursuant to 
section 176; and arrange, so far as possible, cooperation among state departments and 
with federal agencies in conducting mosquito-control operations within the State. 
2.  Assist with disseminating information.  The commissioner, in cooperation with 
appropriate personnel from the Department of Health and Human Services, shall, when 
sufficient money for such purposes is available in the fund, assist private landowners, 
groups, organizations, municipalities, counties and mosquito-control districts formed 
pursuant to section 176 with disseminating information to the citizens of the State about 
ways to reduce mosquito populations, to control breeding sites and to protect themselves 
from mosquito-borne diseases as well as other relevant information. 
3.  Implement mosquito-control response.  In the event that a mosquito-borne 
disease public health threat is declared by the Commissioner of Health and Human 
Services pursuant to Title 22, section 1446, the Commissioner of Agriculture, 
Conservation and Forestry shall consult appropriate state agency plans and personnel and 
university and private sector experts to determine and implement an effective control 
response, which must include a wide array of integrated pest management techniques. 
The availability of funds must also be considered as part of the response planning. 
§175.  Maine Mosquito Control Fund 
The Maine Mosquito Control Fund, referred to in this chapter as "the fund," is 
established to carry out the purposes of this chapter. The fund consists of any money 
received as contributions, grants or appropriations from private and public sources. The 
fund, to be accounted for within the department, must be held separate and apart from all 
other money, funds and accounts. Any balance remaining in the fund at the end of a fiscal 
year must be carried forward to the next fiscal year.  The department may expend the 
money available in the fund and make grants to private landowners, groups, 
organizations, municipalities, counties and mosquito-control districts to carry out the 
purposes of this chapter. 
§176.  Mosquito-control districts 
For the purposes of preserving and promoting the public health and welfare by 
providing for coordinated and effective control of mosquitoes, municipalities may 
cooperate through the creation of mosquito-control districts. 
Sec. 2.  22 MRSA c. 257-B is enacted to read: 
CHAPTER 257-B 
MOSQUITOES 
§1446.  Mosquito-borne disease public health threat 
When available surveillance information indicates the likelihood of a potential human 
disease outbreak arising from mosquito-borne pathogens, the commissioner may declare 
a mosquito-borne disease public health threat for the purposes of alerting the public and 
other state, local and federal agencies about the existence of the threat so that appropriate 
actions may be taken. 
SUMMARY 
This bill authorizes the Department of Agriculture, Conservation and Forestry to 
conduct appropriate mosquito-control activities in response to mosquito-borne disease 
public health threats. In addition, the bill authorizes municipalities to cooperate in 
controlling mosquitoes through the formation of mosquito-control districts. It establishes 
the Maine Mosquito Control Fund to provide funding for mosquito-control activities. 
Finally, the bill authorizes the Commissioner of Health and Human Services to declare a 
mosquito-borne disease public health threat.