Science, and transportation united states senate

Any person violating any of the provisions of this act or any lawful regulation

or order issued pursuant thereto shall be guilty of a misdemeanor and a continu-

ing violation punishable as a separate offense for each day during which it

occurs, and upon conviction shall be imprisoned in the county jail for not more

than ten (10) days or by a fine of not less than One Hundred Dollars ($100.00)

nor more than One Thousand Dollars ($1,000.00), or by both, for each such

separate offense. (Laws 1972, c. 228, § 19, eff. April 7, 1972.)

§ 1420. Purpose

The Legislature finds that it is in the best interest of the citizens of the State

of Oklahoma to establish a procedure whereby the orderly conduct of weather

modification programs can be administered, controlled and financed at the local

level under the licensing and permit system established by the State of Oklahoma ;

further determines that such programs benefit all citizens alid property in areas

where they are operated, and that counties are authorized to finance programs

of weather modification pursuant to the provisions of Article 10. Section 7 of the

Oklahoma Constitution. It is the intention of the Legislature that this act be

liberally construed so as to promote the general welfare and prosperity of the

citizens of this state. (Added by Laws 1973, c. 180, § 1, eft". May 1(5, 1973.)

§ L',-21. Expenditure of monies

Counties, cities, towns, other local subdivisions of government, state agencies,

and special purpose districts may expend monies for weather modification and

control from the following sources :

1. General funds not otherwise obligated, provided that state agencies may

only expend funds for weather modification on lands owned by them or under

their administrative controls or as otherwise provided by law:

2. Monies received by such entities for weather modification and control?

and

1973, c. 180, § 2, eff. May 16, 1973.)

§ 1422. Receipt of monies — Contracts

Counties, cities, towns, other local subdivisions of government, state agencies,

and special purpose districts may receive public and private donations, pay-

ments and grants for weather modification and control. Any of the foregoing

entities may contract among themselves, with state and federal agencies, and

with private individuals and entities for payments, grants and donations of

money for weather modification and control. (Added by Laws 1973, c. 180, § 3, eff.

May 16, 1973.)

§ 1423. Call for election on weather modification assessment — Notice — Contents

On a petition signed by qualified electors equal to at least ten percent (10% ) of

the total number of votes cast by county electors in the most recent general elec-

tion, or on their own motion, the board of county commissioners shall call an

election and submit to the electors of the county the question of whether or not

an assessment shall be levied. The board of county commissioners may exempt

areas within muncipalities or other areas from the assessment and may contract

with such areas to make payments in lieu of assessments. The county commis-

sioners shall exclude from voting the electors in those areas exempt from assess-

ment. The notice of election shall be published once weekly for four (4) weeks in

a newspaper of general circulation in the county. The notice shall specify the

election date, the proposed weather modification plan, the proposed budget, the

total amount of money proposed to be assessed, the purpose for which it is in-

tended to be used, the maximum annual assessments proposed to be levied and the

number of years, not to exceed five (5) years, for which the assessment shall be

authorized. The election shall be conducted by the county election board in ac-

cordance with the general election laws of this state. The ballots shall contain

the words "Weather Modification-Assessment- Yes" and "Weather Modification-

34-857—79 40

590

countv commissioners shall, at the time of the annual levy thereunder, levy the

assessment. (Added by Laws 1973, c. 180, § 4, eff. May 16, 1973.)

§ 1424. Proposed budget — Appraisers — Waiver of assessment

Before calling the election, the board of county commissioners shall prepare a

proposed budget for weather modification and control, which may include, in

addition to actual cost of a weather modification program, the cost of conducting

the election, any additional costs of assessments and collection, payment, of ap-

praisers of benefits, costs of publication of notice and other costs incurred by the

county if it joins with other units of government in joint modification programs.

The board of county commissioners shall then determine, after consideration of

other funds available from all sources, the total amount needed to be raised by

assessment.

The board of county commissioners shall appoint three (3) landowners who are

residents of the area to be assessed, to act as appraisers to appraise and apportion

the benefits and recommend the assessments to pay for such benefits. For such

purpose the appraisers shall use the records of the county assessor. Immediately

after the appraisals are completed, they shall file a written report with the board

of county commissioners. The board of county commissioners may, on their own

motion or on the report of the appraisers and after adopting a uniform policy,

waive the levy of assessment, when the board or appraisers finds that the benefits

and assessments are negligible, are not justifiably economical to collect or are

satisfied by an in lieu payment. Such waiver of assessment shall not be considered

an exemption from assessment for any purpose, including the voting provisions

of the preceding section. (Amended by Laws 1975, c. 305. § 1, emerg. eff. June 7,

1975.)

After an affirmative vote of electors, the commissioners shall appoint a time and

place for holding a public hearing to hear any protests concerning the appraisals.

The hearing shall be held after published notice for two (2) weeks in a newspaper

of general circulation in the county giving the date, time and purpose of the hear-

ing. At the hearing, the board of county comissioners shall have the authority to

review and correct said appraisals and shall by resolution confirm the same as so

revised and corrected by them. Any person objecting to the appraisal of benefits

and assessment of his property as confirmed shall have the right of the appeal to

the district court. (Added by Laws 1973, c. 180, § 6, eff. May 10, 1973.)

§Vf26. Collection of assessments

A. The assessment shall become due and shall be collected at the same time

ad valorem taxes are due and collected. Such annual levy shall be certified not

later than October 1 of each year to the county treasurer of the county in which

the property is situated. The certificate shall be substantially as hereinafter

provided.

B. The certificate shall set forth a table or schedule showing in properly ruled

columns :

1. The names of the owners of the property to be assessed ;

2. The description of the property opposite the names of the owners ;

3. The total amount of the annual assessment on the property :

4. The total amount of all delinquent assessments ;

5. The tolal assessment against the land for the year ;

6. A blank column in which the county treasurer shall record the amounts

collected ;

7. A blank column in which the county treasurer shall record the date of

payment; and

s. A blank column in which the county treasurer shall report the name of

the person who paid.

C. The certificate and report shall be prepared in triplicate in a book named

"Assessment Book of Weather Modification, County, Oklahoma". This

name shall also be printed at the top of each page.

I). Two (2) copies of the certificate shall be forwarded to the county treasurer

of the county wherein the land is located. The county treasurer shall receive the

certificate as a special assessment book, and shall certify it as other special assess-

ment records and shall collect the assessment according to law. The special assess-

ment book shall be treasurer's warrant and authority to demand and receive

the assessment due; and it shall be unlawful for any county treasurer to accept

payment of the ad valorem taxes levied against any property described therein

591

special assessment book. (Added by Laws 1973, c. 180, § 7, eff. May 16, 1973.)

§ 1427. Weather modification fund — Reports

The county treasurer shall establish a weather modification fund and shall de-

posit all monies collected from assessments, grants, donations or other sources for

weather modification purposes and make monthly reports of the sums collected to

the board or county commissioners. The county treasurer shall make a report to

the commissioners immediately after October 31 of each year of the sums collected

and of the assessments not collected. AH assessments remaining unpaid after they

become due and collectible shall be delinquent and bear a penalty in the same

manner as ad valorem taxes. (Added by Laws 1973, c. 180, § 8, eff. May 16, 1973.)

§ 1 ',2S. Discontinuance of activities

If a county ceases to be involved in weather modification activities, any un-

expended funds in the weather modification fund shall be invested in interest-

bearing obligations of the United States Government until weather modification

activities are resumed, with the interest therefrom credited to the weather modifi-

cation fund. If, after five (5) years, the county has not resumed activity in weather

modification, the board of county commissioners shall transfer said unexpended

funds collected by assessment, with interest accrued, to a sinking fund of the

county, to reduce bonded indebtedness, and the board of county commissioners

shall refund, on a pro rata basis, monies from other sources. (Added by Laws

1973, c. 180, § 9, eff. May 16, 1973.)

§ 1429. Essential f unction of county government — Disbursements

The weather modification activities herein authorized shall be deemed to be an

essential function of county government. All disbursements from the weather

modification fund shall be made in accordance with the requirements and pro-

cedures for disbursement from the county general fund. All records required to

be maintained as to disbursements from the county general fund shall likewise

be maintained on disbursements from the weather modification fund. (Added bv

Laws 1973. c. 180, § 10. eff. May 16, 1973. )

§ UfW. Liens — Tax sales

All assessments and all costs and expenses of collecting delinquent assessments

shall constitute a lien on the property against which the assessments have been

levied. Such lien shall attach on the date which the assessment certificate is filed

in the office of the county treasurer and shall continue until paid. Such lien shall

have the same priority as a lien created by delinquent ad valorem taxes, all other

taxes and special assessments. Delinquent assessments shall be collected by the

county treasurer in the same manner and at the same time as delinquent ad

valorem taxes are collected. Any tax sale shall include all costs incurred due to

said sale, and such lien may be evidenced by any ad valorem tax sale certificate

including said charge substantially in the form required by law.

Unless expressly declared to the contrary, no warranty deed or deed made

pursuant to a judicial sale shall warrant against any portion of any assessment

or assessments levied hereunder except installments due before the date of such

deed. (Added by Laws 1973, c. 180, § 11, eff. May 16, 1973.)

§ 1431. Contracts for joint operations

Counties may contract with other counties and other local subdivisions of gov-

ernment and state and federal agencies to engage in joint weather modification

operations. All such contracts shall be filed with and approved by the Board.

(Added by Laws 1973, c. 180, § 12, eff. May 16, 1973.)

§ 1432. Construction — Codification

This act shall be construed as part of the Oklahoma Weather Modification Act,

and Sections 1 through 12 of this act shall be codified as a part thereof. (Added by

Laws 1973. c. 180, § 13, eff. May 16, 1973.)

Oregon

Oregon Rev. Stat. §§558.010-558.990; 451.010; 451.420

Licensing

558.010 Definitions for ORS 558.010 to 558.140.

558.020 Purpose of ORS 558.10 to 558.140 and 558.990.

592

Artificial weather modification prohibited without license.

Applicant to file proof of financial responsibility.

Hearing an application for license.

Issuance of license ; conditions ; licensee's authority ; use of improper materials

cause for suspension or revocation : renewal.

Governmental entities conducting weather modification at airport exempted.

Contents of hearing notice.

Publication of notice of hearing.

Troof of publication.

Records and reports of operations ; public examination.

Emergency licenses.

Revocation, suspension, refusal to issue or renew license ; procedure.

Appropriation for administration and enforcement.

Weather Modification Districts (General Provisions)

"County court" defined.

Initiative and referendum.

(Incorporation)

Incorporation for weather modification ; limitations as to area.

Forest lands not benefited property ; not included in district except upon petition.

Time for formation election.

Commissioners of first board : qualifications.

Certificates of election for commissioners.

(Powers of District)

General powers of district.

Limitation on right to own or operate equipment.

Regulations concerning district property.

Duty to carry liability insurance.

Cooperative agreements between districts.

Tax assessment, levy and collection.

Disposal of taxes levied when organization declared invalid.

Employes' retirement system authorized.

1 ustrict to budget for retirement system.

Employee contribution.

Limitation on membership.

(Board of Commissioners)

Powers of district in board ; qualifications, terms and election of commissioners.

Board meeting ; officers ; quorum ; employing assistance : employee benefits.

Increasing number of commissioners.

Deposit and withdrawal of moneys ; annual reports ; records.

Calling special elections.

Penalties

Penalties.

Licensing

558.010 Definitions for ORS 558.010 to 558.11,0. As used in ORS 55S.010 to

558.140 and 558.090 :

(1) "Department" means the State Department of Agriculture.

(2) "Person" includes any public or private corporation. [1053 c.654 s.l : 1055

c.61 s.4]

558.020 Purpose of ORS 558.010 to 558.11,0 and 558.990. The purpose of ORS

558.010 to 558.140 and 558.990 is to promote the public health, safety and well are

by providing for the licensing, regulation and control of interference by artificial

means with the natural precipitation of rain, snow, hail, moisture or water in any

form contained in the atmosphere. ri953 c.654 s.2]

558.030 Artificial weather modification prohibited without license. Xo person,

without securing a license from the department, shall cause or attempt to cause

by artificial means condensation or precipitation of rain, snow. hail, moisture or

water in any form contained in the atmosphere, or shall prevent or attempt to

prevent by artificial means the natural condensation or precipitation of rain,

snow, hail, moisture or water in any form contained in the atmosphere. [1053

c.654 s.3]

558.01,0 Application for license; fee. (1) Any person desiring to do any of the

acts specified in ORS 558.030 shall file with the department an application for a

license on a form to be supplied by the department for such purpose setting forth

All of the following :

(a) The name and post-office address of the applicant.

(b) The education, experience and qualifications of the applicant, or if the

applicant is not an individual, the education, experience and qualifications of

the persons who will be in control and in charge of the operation of the

applicant.

(c) The name and post-office address of the person on whose behalf the

weather modification operation is to be conducted if other than the applicant.

593

applicant proposes to conduct, including a general description of such opera-

tion and the manner in which the production, management or conservation

of water or energy resources or agricultural or forest crops could be benefited

by the operation.

(e) The method and type of equipment and the type and composition of

the materials that the applicant proposes to use.

(f) Such other pertinent information as the department may require.

(2) Each application shall be accompanied by a filing fee in the sum of $100,

and proof of financial responsibility as required by ORS 558.050. [1953 c.654 s.4 ;

1975 c.420 s.l]

558.050 Applicant to file proof of financial responsibility. (1) No license shall

be issued to any person until he has filed with the department proof of ability to

respond in damages for liability on account of accidents arising out of the

weather modification operations to be conducted by him in the amount of $100,000

because of bodily injury to or death of one person resulting from any one acci-

dent, and, subject to said limit for one person, in the amount of $300,000 because

of bodily injury to or death of two or more persons resulting from any one acci-

dent, and in the amount of $300,000 because of injury to or destruction of proper-

ty of others resulting from any one accident.

(2) Proof of financial responsibility may be given by filing with the depart-

ment a certificate of insurance or a bond or a certificate of deposit of money in

the same manner and with the same effect as provided by ORS chapter 486. [1953

c.654 s.13; 1975 c.420 s.la]

558.055 Hearing on application for license. Upon receipt of an application for

a license, the department shall fix the time and place for a public hearing on the

application. Such hearing shall be held in the county seat of any county in which

the proposed operation will be conducted. The department shall notify the appli-

cant of the time and place of hearing in sufficient time for the applicant to com-

ply with the notice requirements of ORS 558.080 to 558.100. [1975 c.420 s.3]

558.060 Issuance of license; conditions ; licensee's authority ; use of improper

materials cause for suspension of revocation; renewal. (1) The department shall

act within 30 days, but shall only issue the license upon finding that :

(a) The applicant is qualified to undertake the weather modification opera-

tion proposed in his application ;

(b) The production, management or conservation of water or energy

resources or agricultural or forest crops could be benefited by the proposed

weather modification operation ; and

(c) The proposed weather modification operation would not be injurious to

the public health or safety.

(2) Each such license shall entitle the licensee to conduct the operations

described in the license for one year from the date the license is issued unless the

license is sooner revoked or suspended. The conducting of any weather modifica-

tion operation or the use of any equipment or materials other than those described

in the license shall be cause for revocation or suspension of the license.

(3) The license may be renewed annually by payment of a filing fee in the

sum of $50. If the application for renewal proposes any change in the previously

licensed operation, or if the department determines that the public health or

safety may be adversely affected by continuation of the operation, the department

shall conduct a hearing on the application for renewal. The provisions of ORS

558.055 and 55S.0S0 to 55S.100 shall apply to such hearing. [1953 c.654 s.5 ;

1975 c.420 s.41

558.065 [1965 c.336 s.2 ; repealed by 1967 c.225 s.l (558.066 enacted in lieu of

558.0; 55)]

558.066 Governmental entities conducting weather modification at airport

exempted. The State of Oregon or its agencies, counties, cities, public corpora-

tions or political subdivisions thereof or any person engaged by any of them for

the purpose of removing or dispersing fog, or carrying out or performing any

other weather modification at an airport owned or operated by the State of

Oregon or its agencies, counties, cities, public corporations or political subdi-

visions thereof, are exempt from the provisions of ORS 55S.010 to 55S.140 and

558.990 in respect to such operations at such airport only. [1967 c.225 s.2 (enacted

in lieu of 558.065) 1

558.070 [1953 c.654 s.6 ; repealed by 1975 c.420 s.12]

558.080 Contents of hearing notice. The notice of hearing shall set forth all of

the following:

(1) The name and post-office address of the applicant.

594

modification operation is to be conducted if other than the applicant.

(3) The nature and object of the weather modification operation which apppli-

cant proposes to conduct, including a general description of such operation.

(4) The method and type of equipment and the type of composition of the

materials that the applicant proposes to use.

(5) The area in which the approximate time during which the operation will

be conducted.

(6) The area which will be affected by the operation as near as the same may

be determined in advance.

(7) The time and place of the public hearing. [1953 c.654 s.7 ; 1975 c.420 s.5]

558.090 Publication of notice of hearing. The applicant shall cause the notice of

hearing to be published at least once a week for two consecutive weeks in a news-

paper having a general circulation and published within the county wherein the

proposed operation is to be conducted and in which the affected area is located,

or if the proposed operation is to be conducted in more than one county or if the

affected area is located in more than one county or is located in a county other

than the one in which the proposed operation is to be conducted, then such notice

shall be published in like manner in a newspaper having a general circulation and

published within each of such counties. In case there is no newspaper published

within the appropriate county, publication shall be made in a newspaper having

a general circulation within the county. The date of last publication shall be not

less than three nor more than 10 days prior to the date set for hearing. [1953

c.654 s.8 ; 1975 c. 420 s.6]

558.100 Proof of publication. Proof of publication shall be filed by the applicant

with the department at the time of the hearing. Proof of publication shall be by

copy of the notice as published, attached to and made a part of the affidavit of the

publisher or foreman of the newspaper publishing the notice. [1953 c.654 s.9 ; 1975

c.420 s.7]

558.110 Record* and reports of operations ; public examination. (1) Each licen-

see shall keep and maintain a record of all operations conducted by him pursuant

to his license showing the method employed, the type of equipment, the type and

'composition of the materials used, the times and places of operation of the equip-

ment, the name and post-office address of each person participating or assisting in

the operation other than the licensee, the estimated precipitation for each licensed

project, defining the gain or loss occurring from the operations, together with sup-

porting data therefor, and such other information as may be required by the de-

partment, and shall report the same to the department at such times as it may

require.

(2) The records of the department and the reports of all licensees shall be avail-

able for public examination. [1953 c.654 s.10 ; 1975 c.420 s.8]

558.120 Emergency licenses. Notwithstanding any provision of ORS 558.010 to

558.140 and 558.990 to the contrary, the department may grant a license permit-

ting a weather modification operation without compliance by the licensee with the

provisions of ORS 558.055 and 558.080 to 558.100, if the operation appears to the

•department to be necessary or desirable in aid of extinguishment of fires, dis-

persal of fog. or other similar emergency. [1953 c.654 s. 11 ; 1975 c.430 s. 9]

558.130 [1953 c.654 s. 12 ; repealed by 1975 c.420 s.12]

558.135 Revocation, suspension, refusal to issue or renew license; procedure.

CI) Where the department proposes to refuse to issue or renew a license, or pro-

poses to revoke or suspend a license, opportunity for hearing shall be accorded as

provided in ORS 183.310 to 183.500.

(2) Promulgation of rules, conduct of hearings, issuance of orders and judicial

review of rules and orders shall be in accordance with ORS 183.310 to 1S3.500.

[1975 c.420 B.11]

558.1 £0 Appropriation for administration and enforcement. All moneys received

by the department under ORS 558.010 to 558.140 and 558.990. in addition to any

other appropriation of funds available for the administration of ORS 558.010 to

658.1 10 ;iik1 558. 990, hereby are continuously appropriated to the department for

tbo purpose of defraying the costs and expenses incurred in the administration

and enforcement of ORS 558.010 to 558.140 and 558.990. [1955 c.6 s.3]

Weather Modification Districts

(General Provisions)

558.200 "County court" defined. As used in ORS 558.200 to 558.440. "county

court" Includes board of county commissioners. [1969 c. 698 s.l]

558.205 Initiative and referendum. In the exercise of initiative and referendum

powers reserved under the Constitution of this state to the legal voters of every

municipality and district as to all local, special and municipal legislation of every

sort and character in and for their respective municipalities and districts, the

general laws of the state as applied to cities and towns shall govern in these

districts. The chairman of the commissioners shall act as mayor and perform his

duties, the secretary shall perform the duties of auditor or recorder, the attorney

shall perform the duties of city attorney, and if there is no attorney, the secretary

shall perform the duties required of the attorney. [1969 c.698 s.35 ; 1975 c.647 s.47]

(Incorporation)

558.210 Incorporation for weather modification ; limitations as to area. Any

designated area within a county bordering the Columbia River and having a

population of less than 21.000, according to the latest federal decennial census,

or within two or more of such counties, may be incorporated as a weather niodifi-

cati< »n district for the purpose of :

(1) Causing or attempting to cause by artificial means condensation or precip-

itation of rain, snow, hail, moisture or water in any form contained in the

atmosphere ; or

(2) Preventing or attempting to prevent by artificial means the natural con-

densation or precipitation of rain. snow, hail, moisture or water in any form

contained in the atmosphere. [1969 c.698 s.3]

55S.215[1969 c.698 s.4 ; repealed by 1971 c.727 s.203]

538.220 [1969 c. 698 s.17 ; repealed by 1971 c.727 s.203]

558.225 [1969 c.698 s.5 ; repealed by 1971 c.727 s.203]

558.230[1969 c.698 s.6a ; repealed by 1971 c.727 s.203]

558.235 Forest lands not benefited properly: not included in district except

upon petition. Forest lands within a forest protection district as defined in ORS

chapter 477, shall not be considered benefited property and shall not be included

in a weather modification district unless the owner of the forest lands petitions*

the county court having jurisdiction of the formation proceedings to have his

lands included. [1969 c.698 s.6 ; 1971 c.727 s.173]

55S.240[1969 c.698 s.20 ; repealed by 1971 c.727 s.203]

558:245 Time for formation election. An election, if any is held, on formation

shall be held at the same time as the next succeeding state-wide primary or

general election. [1969 c.698 s.7 ; 1971 c.727 s.175]

558.250[1969 c.698 s.8 ; repealed by 1971 c.647 s.149]

558.255 Commissioners of first board; qualifications. At the election on forma-

tion, commissioners to serve as the first board of the district shall be elected.

Commissioners shall be owners of the land within the district but need not reside

within the district. [1969 c.698 s.9 : 1971 c.647 s.125]

558.260 [1969 c.698 ss.10, 11, 12, 16 : repealed by 1971 c.647 s.149]

">S.265[1969 c.698 s.13 ; repealed by 1971 c.727 s.203]

558.270 Certificates of election for commissioners. The county court shall also

canvass the votes for commissioners and cause the county clerk to issue certifi-

cates of election to the number named in the petition for formation who received

the highest number of votes. [1969 c.698 s.14]

558,275[1969 c.698 s.15 ; repealed by 1971 c.727 s.203]

(Powers of District)

558.300 General powers of district. After the date of formation, a district shall

make all contracts, hold and receive and dispose of real and personal property

within and without its described boundaries and do all other acts and things

which may be requisite, necessary or convenient in carrying out the objects of

the district or exercising the powers conferred upon it as in ORS 558.200 to

558.440 set out and expressed, sue and be sued, plead and be impleaded in all

actions and suits or other proceedings brought bv or against it. [1969 c.698 s.18;

1971 c.727 s.177]

558.310 Limitation on right to own or operate equipment. No weather modifi-

cation district shall own or operate airplanes, chemicals or other equipment or

appliances for weather modification activities, but must when conducting

weather modification activities hire a person licensed under the provisions of

ORS 558.010 to 558.140 and 588.990. [1969 c.698 s.60]

558.315 Regulations concerning district property. Any weather modification dis-

trict may adopt and promulgate rules and regulations concerning the use of the

property of the district. [1969 c.698 s.27]

596

obtain not later than the 60th day after the date of the election forming such

district and before beginning any weather modification activities liability insur-

ance coverage of not less than $500,000 bodly injury and $500,000 property dam-

age, to reimburse persons for damages arising from weather modification ac-

tivities. [1960 c.69S s.61]

558.325 Cooperative agreements between districts. Weather modification dis-

tricts organized under ORS 558.200 to 558.440 may enter into cooperative agree-

ments or control of facilities for weather modification. [1969 c.698 s.28]

558.330[1969 c.698 s.40; repealed by 1971 c.727 s.203]

558.340 Tax assessment, levy and collection. (1) The district may assess, levy

and collect taxes each year not to exceed one-fourth of one percent (.0025) of

the true cash value of all taxable property within the limits of the district,

computed in accordance with ORS 308.207. The proceeds the tax shall be applied

by it in carrying out the objects and purposes of ORS 558.210 to 588.270, 558,300

and 558.345 and for the purpose of financing the employes' retirement system.

(2) Any such taxes needed shall be levied in each year and returned to the

county officer whose duty it is to extend the tax roll by the time required by law

for city taxes to be levied and returned.

(3) All taxes levied by the district shall become payable at the same time and

be collected by the same officer who collects county taxes, and shall be turned

over to the district according to law. The county officer whose duty it is to

extend the county levy shall extend the levy of the district in the same manner

as city taxes are extended.

(4) Property shall be subject to sale for nonpayment of taxes levied by the

district in like manner and with like effect as in the case of county and state

taxes. [1969 c.698 s.26 ; 1971 c.727 s.178]

558.345 Disposal of taxes levied when organization declared invalid. When an

attempt has been made to organize a district under the provisions of ORS 558.200

to :~5S.440 and subsequently by a decree of a court of competent jurisdiction it

has been declared that the organization is invalid, but prior to such decree the

invalid organization has levied taxes, the funds derived from the levy shall be

disposed of as follows :

(1) If the area embraced in the invalid organization is embraced in a subse-

quently created organization composed of unincorporated or incorporated terri-

tory, or combinations thereof, for the purpose of weather modification, the cus-

todian of the taxes collected for the invalid organization shall turn them over

to the subsequent organization to be used only for the purpose of weather

modification.

(2) If the subsequent organization does not embrace all territory embraced in

the invalid organization, such taxes as have been collected from the levy upon

property in areas not embraced in the subsequent organization shall be refunded

to the payers thereof by the custodian of the taxes before the balance is turned

over to the subsequent organization.

(3) If no such subsequent organization is created for weather modification,

within a period of two years after the entry of the decree of invalidation, the

taxes collected shall be refunded by the custodian of them to the taxpayers who

paid them. [1969 c.698 s.19]

558.850 Employes' retirement system authorized. (1) A weather modification

district organized under ORS 558.200 to 558.440 may establish an employes' re-

tirement system. The commissioners may enter into agreements necessary to

establish the system and carry out the plan and may agree to modifications of

such agreements from time to time.

(2) The retirement plan may provide for retirement benefits measured on the

basis of services rendered or to be rendered by an employe, either before or after

the date on which such employe first becomes a member of the retirement plan.

The retirement plan may provide for a minimum of years of service and a mini-

mum and maximum age of retirement for the employe. [1969 c.OOX s.561

558.355 District to budget for retirement system. The district may budget and

provide for payment info the fund of the retirement plan an amount sufficient:

(3 ) To provide on an actuarial reserve basis the amortized level premium cost

o'* Hie retirement benefits which, under the provision of the retirement system,

arc to be provided by the district to its employes who attain the retirement age

Or retire in accordance with the terms of the retirement plan.

C2) To meet the actuarially computed costs of retirement benefits measured

on the basis of services rendered or to be rendered by an employe before or after

597

the date on which such employe becomes a member of the retirement plan. [1969

558.360 Employee contribution. The district may collect, as a contribution from

any employe, that percentage of the salary received by the employe which is

necessary to fund on an actuarial reserve basis the cost of retirement benefits

which the employe is required to provide pursuant to the provisions of a retire-

ment plan. [1969 c.698 s.58]

558.365 Limitation on membership. Nothing in ORS 558.200 to 558.440 author-

izes the district to budget, provide for payments or collect contributions to fund

retirement benefits for an individual who is not in the employment of the district

at the time of the creation of a membership status under a retirement plan. [1969

c.698 s.59]

(Board of Commissioners)

558400 Powers of district in board; qualifications, terms and election of com-

missioners. (1) The power and authority given to districts organized under ORS

558.200 to 558.440 except as therein otherwise provided is vested in and shall be

exercised by a board of commissioners of the number named in the petition for

formation, but not more than five, each of whom shall be a qualified voter and

freeholder within the district. Except as provided in subsection (2) of this

section, directors shall serve for four-year terms.

(2) Within 10 days after issuance of the formation order, the number of com-

missioners named in the petition for formation who received the highest vote

at the election for formation shall meet and organize, first taking and subscribing

an oath of office to the effect that they will support the Constitutions of the

United States and of this state and the laws thereof, and will discharge faithfully

the duties of commissioner to the best of their ability. They shall determine by

lot the length of term each shall hold office. If there is an odd number of com-

missioners, a majority shall have a term expiring four years after the July 1

immediately following the election and a minority shall have a term expiring

two years after the July 1 immediately following the election. If there is an even

number of commissioners, the commissioners shall be divided into two equal

groups as to terms. One group shall have a term expiring four years after the

July 1 immediately following the election and the other group shall have a term

expiring two years after the July 1 immediately following the election.

(3) A general election shall be held in the district, on the date fixed by ORS

259.240, for the election of a commissioner to succeed a commissioner whose term

expires the following July 1, and to elect commissioners to fill any vacancy which

then may exist. At all elections the voters shall have the qualifications of electors

of this state and shall have resided in the territory embraced in the district for

at least 90 days preceding the election. [1969 c.698 s.29; 1971 c.727 s.179; 1973

c.796 s.71 : 1975 c.647 s.48]

558.405 [1969 c.698 s.33 ; repealed by 1971 c.23 s.12]

558.JflO Board meetings; officers; quorum; employing assistance; employe

benefits. (1) The commissioners shall hold meetings at such time and place

within the district as they may determine upon. Such meetings must be open to

the public. They shall hold at least one regular meeting in each month on a day

to be fixed by them, and may hold special meetings under such rules as they may

make.

(2) The commissioners shall, at the time of their organization, choose from

until the first regular meeting in July, or until their successors are elected and

qualified. These officers shall have, respectively, the powers and shall perform

the duties usual in such cases and shall be known as the president, secretary and

treasurer of the district. A majority shall constitute a quorum to do business

and, in the absence of the chairman, any other member may preside at any

meeting.

(3) The commissioners may employ such engineers, superintendents, mechan-

ics, clerks or other persons as they may find requisite, necessary or convenient

in carrying on any work of the district and at such rate of remuneration

as they may deem just.

(4) The commissioners may provide life insurance and retirement or pension

plans for employees of a weather modification district, provided the insurer

issuing such policy is licensed to do business in the State of Oregon. [1969 c.698

s.31 : 1971 c.23 s.ll ; 1971 c.403 s.13 ; 1973 c.796 s.72]

558.415 Increasing number of commissioners. (1) If the numbers of commis-

sioners in a particular district is less than five. then, upon receipt of petitions

containing the names of not less than 25 electors in the district and requesting

598

that an election be held iu the district on the proposition of increasing the num-

additional position, each of whom shall be a qualified voter and freeholder

within the district, the commissioners may, at their discretion, call a special

election of the electors of the district to vote on the proposition and on the

candidates. The election shall be held in accordance with ORS chapter 259,

If the proposition is approved by a majority of the electors voting at such election,

the number of commissioners named in the petitions requesting the election, who

received the highest vote at the election, shall take office as of the next regular

meeting of commissioners following the election, after first taking and subscrib-

ing the oath of office.

(2) If only one additional commissioner is so elected his first term shall be four

years if immediately before the election there was an even number of commis-

sioners or two years if immediately before the election there was an odd number

of commissioners. If more than one additional commissioner is so elected, the

newly elected commissioners shall at such meeting determine by lot the length of

term each shall hold office in a manner so as to comply with subsection (2) of

ORS 558.400.

[1969 c.698 s.32 : 1973 c.796 s.73 : 1975 c.647 s.49]

558.420[1969 c.698 s.34 ; repealed by 1971 c.23 s.12]

558430 Deposit and withdrawal of moneys; annual reports; records. (1) All

moneys of the district shall be deposited in one or more banks, to be designated

by the commissioners ; and shall be withdrawn or paid out only when previously

ordered by vote of the commissioners, and upon checks signed by the treasurer

and countersigned by the chairman, or in his absence or inability to act, by the

secretary. A receipt or voucher, showing clearly the nature and items covered by

each check drawn, shall be kept on file.

(2) Annual reports shall be made and filed by the chairman, secretary and

treasurer, and at least once in each year a full and complete itemized statement

of receipts and expenditures shall be published in a newspaper of general circu-

lation, published in the county in which the district is situate.

(3) All the proceedings of the commissioners shall be entered at large in a

record book. All books, maps, plans, documents, correspondence, vouchers, re-

ports and other papers and records pertaining to the business of the district shall

be carefully preserved and shall be open to inspection as public records in the

office of the county clerk of the county in which the greater part of the district

is located. [1969 c.698 s.36]

558440 Calling special elections. The commissioners at any regular meeting

of the board of commissioners may call a special election of the electors of the

district. Such an election must be held at the same time as the next succeeding

state-wide primary or general election. [1969 c.698 s.30 ; 1971 c.647 s.128]

558.445 [1969 c.698 s.2 ; repealed by 1971 c.647 s.149]

558.500 [1969 c.698 s.37 ; repealed by 1971 c.727 s.203]

558.510 [1969 c.698 s. 38 ; repealed by 1971 c.727 s.203]

558.520 [1969 c.698 s.39 ; repealed by 1971 c.727 s.203]

558.550[1969 c.698 s.48 : repealed by 1971 c.727 s.2031

558.555 [1969 c.698 s.49 ; repealed bv 1971 c.727 s.203 1

558.560[1969 c.698 s.50 ; repealed by 1971 c.727 s.203]

558.565 [1969 c.698 s.51 : repealed by 1971 c727 s.203]

558. 570 [1969 c.698 s.52 ; repealed by 1971 c.727 s.203]

558.575[1969 c.698 S.53 ; repealed bv 1971 c.647 s.149]

558.580 [1969 c.698 s.54 ; repealed by 1971 c.727 s.203]

558.585[1969 c.698 S.55 ; repealed bv 1971 c.727 s.203]

558.600[1969 c.698 s.41 ; repealed bv 1971 c.727 s.203]

558.610[1969 c.698 s.42 : repealed bv 11)71 c.727 s.203]

558.620[1969 c. 698 s.43 ; repealed bv 1971 c.727 s.203]

558.630[1969 C.698 s.44 : repealed by 1971 c.727 s.2031

558.6501 1969 c.698 s.45 ; repealed by 1971 c.727 s.203]

55S.(>00[ 19(19 c.698 s.46 : repealed by 1971 c.727 s.191]

558.670[1969 c.698 s.47 ; repealed by 1971 c.27 s.203]

Penalties

558.990 Penalties. Any person who violates any provision of ORS 558.010 to

558.140 and 558.990 shall be guilty of a misdemeanor.

[1953 c.654 s.14]

599

450.010 Establishing master plans and service districts. (1) Master plans

and service districts may be established as provided by this chapter regarding:

(a) Sewage works, including all facilities necessary for collecting, pump-

ing, treating and disposing of sanitary or storm sewage.

(b) Drainage works, including all facilities necessary for collecting,,

pumping and disposing of storm and surface water.

(c) Street lighting works, including all facilities necessary for the light-

ing of streets and highways.

(d) Public parks and recreation facilities, including land, structures, equip-

ment, supplies, and personnel necessary to acquire, develop, and maintain

such public park and recreation facilities and to administer a program in

supervised recreation services.

(e) Diking and flood control works, including all facilities necessary for

diking and control of water courses.

(f ) Water supply works, including all facilities necessary for tapping nat-

ural sources of domestic and industrial water, treating and protecting the

quality of the water and transmitting it to the point of sale to any city,

domestic water supply corporation or other public or private agency for ulti-

mate distribution by the city, corporation or agency to water users.

(g) Solid waste disposal. This paragraph does not apply in Clackamas,

Multnomah and Washington Counties.

(h) Public transportation, including public depots, public parking and

the motor vehicles and other equipment necessary for the transportation

of persons together with their personal property.

(i) Agricultural educational extension services.

(2) Within the geographical jurisdiction of any local government boundary

commission established by or pursuant to ORS 199.410 to 199.512, master plans

and service districts may be established as provided by this chapter regarding;

(a) Fire prevention and protection-

CD) Enhanced law enforcement services provided by contract with the

sheriff of the county.

(c) Domestic, municipal and industrial water supply service.

(d) Hospital and ambulance services.

(e) Library services.

(f ) Vector control.

(g) Cemetery maintenance.

(h) Roads.

(i) Weather modification. [1963 c.515 s.2 ; 1965 c.246 s.l : 1967 c.538 s.l ;

1971 c.674 s.l ; 1971 c.687 s.l ; 1973 c.211 s.l ; 1973 c.785 s.l ; 1975 c.630 s.l]

451420 District may construct and operate service facilities. When author-

ized as provided in ORS 451.410 to 451.600 a district may construct, maintain and

operate any or all of the service facilities specified in ORS 451.010. [1955 c.685

s.2 ; 1963 c.515 s.8 ; 1973 c.785 s.6]

Pennsylvania

Pa. Stat. Ann. Tit. 3, Sec. 1101-1118

Chapter 16 — Weather Modification [New]

Sec.

1102. Definitions.

1103. Weather Modification Board.

1104. Administration by department.

1105. When license registration required.

1106. Application for license.

1107. Reeistration of equipment.

1108. Publication.

1109. Emergencies ; publication.

1110. Records.

1111. Research projects ; safety.

1112. Enforcement.

1113. License suspensions, revocations.

1114. Damage compensation.

1115. Acts not authorized.

1116. Penalties.

1117. Repeal.

1118. Effective date.

GOO

§ 1101. Declaration of policy

experimentation in the field of artificial nucleation, and that scientific efforts to

develop and increase natural precipitation of rain, snow, moisture, or water in

any form contained in the atmosphere, within the State, be encouraged in order to

develop, conserve, and protect the natural water resources of the State and to

safeguard life and property. 1968, Jan. 19, P.L. (1967) 1024, § 1.

%1102. Definitions

As used in this act —

(1) "Board" means the Weather Modification Board.

(2) "Department" means the Department of Agriculture.

(3) "Operation" means the performance of weather modification and control

activities pursuant to a single contract entered into for the purpose of producing,

or attempting to produce, a certain modifying effect within one geographical area

over one continuing time interval not exceeding one year, or, if the performance

of weather modification and control activities is to be undertaken individually or

jointly by a person or persons to be benefited and not undertaken pursuant to a

contract, "operation" means the performance of weather modification and control

activities entered into for the purpose of producing, or attempting to produce, a

certain modifying effect within one geographical area over one continuing time

interval not exceeding one year.

(-1) "Person" means any individual, firm, association, organization, partner-

ship, company, corporation, private or public, political subdivision, or other

public agency.

(5) "Research and development" means theoretical analysis, exploration and

experimentation and the extension of investigative findings and theories of a

scientific or technical nature into practical application for experimental and

demonstration purposes, including the experimental production and testing

of models devices, equipment, materials and processes.

(6) "Weather modification and control" meaus changing or controlling, or at-

tempting to change or control, by artificial methods the natural development of

any or all atmospheric cloud forms and precipitation forms which occur in the

troposphere. 1968, Jan. 19, P.L. (1967) 1024, § 2.

Library references : Agriculture C^>1. C.J.S. Agriculture § 1 et seq.

§ 1103. Weather Modification Board 1

(a) There is hereby created within the department a Weather Modification

Board. Such advisory board shall be composed of seven members who shall be :

(1) The Secretary of Agriculture.

(2) The Secretary of Commerce.

(3) The Secretary of Health.

(4) The Dean of the College of Earth Sciences at the Pennsylvania State

University.

(5) Three members to be appointed by the Governor with the advice and

consent of the Senate.

(b) Terms of all appointed members shall be for four years. Appointed members

shall receive the sum of thirty dollars ($30) per day for each day or part thereof

devoted to the committee's activities. 1968, Jan. 18, P.L. (1967) 1024, § 1 et seq.

§ 110'/. Administration by department

The department shall administer this act and in so doing shall ask for and con-

sider the recommendations of the board herein created which shall advise on all

the matters regulated by this act. 1968, Jan. 19, P.L. (1967) 1024, §4.

Library references : Agriculture C=>1. C.J.S. Agriculture § 1 et seq.

§ 1105. When license registration required

(a) No person, without first securing a license from the department, shall cause

or attempt to cause condensation or precipitation oc rain, snow, moisture, or water

in any form contained in the atmosphere.

(bj No person without registering with the board shall have in his possession

any cloud seeding equipment unless he is an employe of or under contract with a

person conducting a weather modification and control operation who has been

granted a license by the board. 1908, Jan. 19, P.L. (1967) 1024, § ;"».

Library references: Licenses C=>11(1). C.J.S. Licenses §26 et seq. P.L.E.

Licenses § 8.

» Enrolled bill roads "Advisory Committee on Cloud Seeding".

601

§ HOG. Application for license

witli the board an application in writing for a license. Each application shall be

accompanied by a filing fee fixed by the board but not to exceed one hundred

dollars ($100), and shall be on a form to be supplied for such purpose by the

board.

(b) Every application shall set forth all of the following :

(2) The previous education, experience, and qualifications of the applicant,

or, if the applicant is other than an individual, the previous education,

experience, and qualifications of the persons who will be in control of and

charged with the operations of the applicant. Previous experience includes

sub-contracting or counseling services.

(3) A general description of the operations which the applicant intends to

conduct and the method and type of equipment including all nucleating

agents, that the applicant proposes to use. Aircraft must be listed by numbers

and pilots' names.

(4) A statement listing all employes, who are residents of Pennsylvania,

and/or who will be directly employed in the intended operation.

(5) A bond or insurance covering any damage the licensee may cause

through his operations in an amount of fifty thousand dollars ($50,000) or

other evidence of financial responsibility shall be furnished and executed

• at the time of the grant of the license.

(6) Every applicant shall have a resident agent within the Commonwealth.

(c) Upon the filing of the application upon a form supplied by the board and

containing the information prescribed by this act and accompanied by the required

filing fee and bond or insurance, the board may issue a license to the applicant

entitling the applicant to conduct the operations described in the application for

the calendar year for which the license is issued, unless the license is sooner

revoked or suspended or modified.

(d) A license may be renewed annually upon application to the board,

accompanied by a renewal fee fixed by the board but not to exceed one hundred

dollars ($100) , on or before the last day of January of the calendar year for which

the license is renewed. 196S, Jan. 19, P.L. (1967) 1024, § 6.

Library references : Licenses Q^>22. C.J.S. Licenses §§ 34, 38, 39. P.L.E. Licenses

§16.

§ 1107. Registration of equipment

ment shall promptly register the same with the board on a form furnished by it.

1968. Jan. 19, P.L. (1967) 1024, § 7.

Library references : Licenses <&z>24. C.J.S. Licenses § 41. P.L.E. Licenses § 16.

§ 1108. PuUication

(a) Prior to undertaking any operation authorized by the license, the licensee

shall file with the department and cause to be published a notice of intention. The

licensee shall then confine his activities for that operation substantially within the

time and area limits set forth in the notice of intention.

(b) The notice of intention shall set forth all of the following :

(1) The name and address of the licensee.

(2) The nature and object of the intended operation and the person or

persons on whose behalf it is to be conducted.

(3) The area in which and the approximate time during which the opera-

tion will be conducted.

(4) The area which will be affected by the operation as near as the same

may be determined in advance.

(c) The licensee shall cause the notice of intention to be published once a week

for three successive weeks in a newspaper having a general circulation and pub-

lished within any county wherein the operation is to be conducted and in which

the affected area is located, or, if the operation is to be conducted in more than

one -com: tv or if the affected area is located in more than one county or is located

in a county other than the one in Which the operation is to be conducted, then such

notice shall be published in like manner in a newspaper having a general cir-

culation and published within each of such counties. In case there is no newspaper

published within the appropriate county, publication shall be made in a newspaper

having a general circulation within the county.

1 Section 1105 of this title.

602

(d) Proof of publication shall be filed by the licensee with the department

publication shall be by copy of the notice as published atached to and made a part

of the affidavit of the publisher or foreman of the newspaper publishing the

notice. 1968, Jan. 19, P.L. (1967) 1024, § 8.

Library references : Licenses 0=^22. C.J.S. Licenses §§ 34, 38, 39. P.L.E. Licenses

§ 16.