Science, and transportation united states senate

Nothing in this Act shall be construed to impose or accept any liability or

responsibility by the State, its agencies and the officers and employees thereof

for anv injury caused bv any persons who conduct weather modification opera-

tions. \p.A. 78-674, Art. I, §27, eff. Oct. 1, 1973.)

§ 28. Liability

(a) An operation conducted under the license and permit requirements of

this Act is not an ultrahazardous or an abnormally dangerous activity which

makes the licensee or permittee subject to liability without fault.

(b) Dissemination of materials and substances into the atmosphere by a

permittee acting within the conditions and limits of his permit shall not give

rise to the contention that such use of the atmosphere constitutes trespass.

(c) Except as provided in subsections (a) and (b) of this Section, and in

Section 27 of this Act, nothing in this Act shall prevent any person adversely

affected by a weather modification operation from recovering damages resulting

from intentional harmful actions or negligent conduct by a permitee.

(d) Failure to obtain a license and permit before conducting an operation,

or operational activities which knowingly constitute a violation of the conditions

or limits of a permit, shall constitute negligence per se.

(e) The fact that a person holds a license or was issued a permit under this

Act, or that he has complied with the rules and regulations made by the

Department pursuant to this Act, is not admissible as a defense in any legal

action which may be brought against him. (P.A. 78-674, Art. I, §28, eff. Oct. 1,

1973.)

Any person violating any of the provisions of this Act or of any valid rule

or regulation issued under this Act is guilty of a Class B misdemeanor, and

each day such violation continues constitutes a separate offense. (P.A. 78-674.

Art. 1, § 29, eff. Oct. 1, 1973.)

§ 30. tSuits to recover fines, penalties or fees

All suits for the recovery of any of the fines, penalties or fees prescribed

in this Act shall be prosecuted in the name of the ''People of the State of Illi-

nois", in any court having jurisdiction, and it shall be the duty of the State's

Attorney of the county where such offense is committed to prosecute all persons

violating the provisions of this Act upon proper complaint being made. All fines,

penalties and fees collected under the provisions of this Act shall inure to the

Department. (P.A. 78-674, Art. I, § 30, eff. Oct. 1, 1973.)

§ 31. Injunction to restrain violations

The Department may, in its discretion, in addition to the remedy set forth

in the preceding Section, apply to a court having competent jurisdiction over

the parties and subject matter, for a writ of injunction to restrain repetitious

violations of the provisions of this Act. (P.A. 78-674, Art. I, §31, eff. Oct. 1,

1973. )

§ 32. Partial invalidity

If any portion of this Act is held invalid, such invalidity shall not affect any

other part of this Act which can be given effect without the invalid portion.

( i '.A. 78-674. Art. I, § 32, eff. Oct. 1, 1973. )

Iowa

Chapter 361. Weather Modification [New]

Sec.

361.1 Definitions.

361.3 Program — contract.

361.4 Fund.

361.5 Election on question.

361.6 Budget request.

361.7 Cancellation of program.

Chapter 361, Code 1958, Township Licenses, consisting of sections

361.1 to 361.7, was repealed by Acts 1959 (58 G.A. ) ch. 254, § 9.

For provisions relating to county business licenses, see § 382.23 et seq.

34-S37 — 79 37

542

Provisions constituting chapter 361, Code 1973, Weather Modification,

ch. 1086, §§ lto7.

361.1 Definitions

As used in this chapter, unless the context otherwise requires :

1. "Agricultural land" means any tract of land of ten acres or more used

for agricultural or horticultural purposes.

2. "Public agency" means public agency as defined in section 28E.2.

3. "Private agency" means private agency as defined in section 28E.2.

(Acts 1972 (64 G.A.) ch. 1086, § 1.)

361.2 3Iodification board

The county board of supervisors shall, upon receipt of a petition signed by

at least one hundred owners and tenants of agricultural land located in the

county, establish a weather modification board consisting of five members

appointed by the board of supervisors for three-year terms, except that two

members of the initial board shall be appointed for two-year terms. In the

case of a vacancy, the appointment shall be made for the unexpired term.

The members of the board shall organize annually by the election of a chairman

and vice-chairman. Meetings shall be held at the call of the chairman or at the

request of the majority of the members of the board. A majority vote of the

members of the board shall be required to determine any matter relating to

their duties. (Acts. 1972 (64 G.A.) ch. 1086, § 2.)

361.3 Program — contract

The weather modification board may :

L Investigate and study the feasibility of artificial weather modification

for the county.

2. Develop and administer an artificial weather modification program.

3. Contract with any public or private agency as provided in chapter 28E

to carry out an artificial weather modification program.

4. Request the county board of supervisors to conduct a referendum au-

thorizing the levy and collection of a tax, not to exceed two cents per acre

on agricultural land in the county, for the administration of an artificial

weather modification program.

5. Accept, receive, and administer grants, funds, or gifts from public or

private agencies to develop or administer an artificial weather modification

program. (Acts 1972 (64 G.A.) ch. 1086, § 3.)

3614 Fund

There is created in the office of county treasurer of each county having a

weather modification board a weather modification fund. Any taxes or other

funds received by the weather modification board shall be placed in the fund

and used exclusively for the purpose of artificial weather modification as

provided in this chapter. (Acts 1972 (64 G.A.) ch. 10S6, § 4.)

361.5 Election on question

Upon request of the weather modification board, the county board of super-

visors shall submit to the owners and tenants of agricultural land in the county

at any general election or special election called for that purpose, the question

of wli ether a tax not to exceed two cents per acre shall be levied annually on

agricultural land. Notice of the election shall be published each week for two

c onsecutive weeks in a newspaper of general circulation throughout the county-

The notice shall include the date and time of the election and the question to

be voted upon. A majority of the agricultural landowners and tenants voting

shall determine the question. (Acts 1972 (64 G.A.) ch. 1086, § 5.)

361.6 Budget request

The weather modification board annually submit a budget request to the

county board of supervisors. If the annual tax levy is approved as provided

in section 361.5, the weather modification board shall determine the tax levy

needed, not to exceed two cents per acre on agricultural land, to meet the

budget request. The tax shall be levied by the board of supervisors and collected

al the same time and iii the same manner as other property taxes. (Acts 1972

(64 G.A.) ch. 1086, § 6.)

543

If a tax levy has been authorized under section 361.5, the county board of

supervisors shall, upon receipt of a petition signed by at least one hundred

owners and tenants of agricultural land located in the county, submit to the

owners and tenants of agricultural land at any general election or special

election called for that purpose the following question: "Shall the power to

levy a tax for the administration of an artificial weather modification pro-

gram be canceled?" Notice of the date and time of election and the question

to be voted upon shall be publishd each week for two consecutive weeks

in a newspaper or general circulation throughout the county. If a majority

of the agricultural landowners and tenants voting favor the question, no fur-

ther tax levy as provided in section 361.6 shall be made. (Acts 1972 (64 G.A.)

ch. 1086, §7.)

Kansas

19-212f. Establishment or participation in weather modification programs;

expenditures ; definition of weather modification. The board of county commis-

sioners of any county is hereby authorized to establish or participate in weather

modification programs and for the purpose of paying the costs thereof are hereby

authorized to expend moneys from the county general fund, moneys derived

from taxes levied therefor or any other funds of the county available for such

purpose and in addition to receive and expend any and all funds which may be

offered or become available from federal or state grants or appropriations, pri-

vate gifts, donations or bequests or from any other source. As used in this act

"weather modification" means and extends to the control, alteration, ameliora-

tion of weather elements including man-caused changes in the natural precip-

itation process, hail suppression or modification and alteration of other weather

phenomena including temperature, wind direction and velocity, and the initiat-

ing, increasing, decreasing and otherwise modifying by artificial methods preci-

pitation in the form of rain, snow, hail, mist or fog through cloud seeding,

electrification or by other means to provide immediate practical benefits. [L.

1975, ch. 74, § 2 ; July 1.]

ARTICLE 14. — KANSAS WEATHER MODIFICATION ACT

Cross references to related sections

Powers of boards of county commissioners, see 19-212f.

Interlocal agreements, see 12-2904.

82a-llf01. Citation of act. This act may be cited as the "Kansas weather

modification act." [L. 1974, ch. 321, § 1 ; July 1.]

82a-llf02. Kansas weather modification act; definitions. As used in this act,

unless the context otherwise requires: (a) "Board" means the Kansas water

resources board ;

(b) "Director" means the executive director of the Kansas water resources

board ;

(c) "Person" means and includes a natural person, a partnership, an organi-

zation, a corporation, a municipality and any department or agency of the state ;

(d) "Research and development operation" or "research and development

project" means an operation which is conducted solely to advance scientific and

technical knowledge ; and

(e) "Weather modification activity" means any operation or experimental

process which has as its objective inducing change, by artificial means, in the

composition, behavior, or dynamics of the atmosphere. [L. 1974, ch. 321, § 2 ;

July 1.]

82a-1403. Same; administration of act; rules and regulations; powers of

board and director. The board is hereby vested with responsibility for the im-

plementation of this act. Within the authority granted to the board, the di-

rector shall be the chief administrative officer for carrying out the powers and

duties provided for in this act. The board may adopt rules and regulations, issue

licenses and permits, conduct hearings, enter into contracts for weather modifi-

cation activities and to do all other things provided for in this act for the

achievement of its purposes, subject to the powers and limitations contained

herein. [L. 1974, ch. 321, § 3 ; July 1.]

544

(a) The board shall appoint an advisory committee to assist the director in

developing licensing standards and report forms, in conducting studies, in es-

tablishing minimum operation requirements for weather modification activities,

and to advise the board and the director on such other matters, both technical

and general, as the board may deem appropriate.

(&) The advisory committee shall be composed of seven (7) persons desig-

nated by the board who have the appropriate scientific, technical, legal, indus-

trial, agricultural or water resources background to serve in an advisory ca-

pacity relative to weather modification activities and may include such other

persons from the public sector as the board may deem capable of contributing

assistance. Four (4) members of the advisory committee shall be actively en-

gaged in agriculture and shall derive a major portion of their income from

agriculture.

(c) Members of the advisory committee shall serve without compensation but

they shall receive subsistence allowances, mileage and other expenses as pro-

vided in section 1 of 1974 House bill No. 1624 [ 75-3223], while attending meet-

ings of such committee, f L. 1974, ch. 321, § 4 ; July 1.]

82a-l 405. Same; licenses, issuance and limitations; permits, issuance and con-

ditions; studies, hearings and investigations, research and development pro-

mams; expenditure of funds; representation of state in matters relating to

weather modification. («) At the direction of the board, the director may issue

licenses for weather modification activities, as hereinafter provided for in this

act but any licensee shall be limited in the exercise of activities under his

license to the specified method or methods of weather modification activity within

his area of expertise.

(&) At the direction of the board, the director may issue a permit for each

specific weather modification project, which may be comprised of one or more

weather modification activities. Every such permit shall describe (1) the geo-

graphic area within which such activities are to be carried out, (2) the geo-

graphic area to be affected, and (3) duration of the weather modification activ-

ities of the project which period may be non-continuous but which may not

have a total duration exceeding one calendar year from the day of its issuance.

The director shall issue a permit only after it has been established that the

project, as conceived, will provide substantial benefits or that it will advance

scientific knowledge. The director may ask the advisory committee to review

each request for a i>erniit and to advise him thereon.

(c) The director shall make any studies or investigations, obtain any infor-

mation, and hold any hearings that he considers necessary or proper to assist

him in exercising his powers or administering or enforcing the provisions of

this act.

The director may by his own action, or at the request of the advisory com-

mittee, appoint a bearing officer to conduct any hearings required by this act;

said hearings to be conducted under the provisions and within any limitations

of rules and regulations adopted by the board.

(d) In order to assist in expanding the theoretical and practical knowledge

of weather modification, the board may, to the extent that funds are available

therefor, participate in and promote research and development in :

(1) The theory and development of weather modification, including those

aspects relating to procedures, materials, ecological effects, and the attend-

ant legal and social problems;

(2) The utilization of weather modification for domestic, municipal, agri-

cultural, industrial, recreational, and other beneficial purposes ;

(3) The protection of life, health, property, and the general environment,

(c) Subject to any limitations imposed by law, the board in furthering the

purposes of this act may utilize available funds from the state and may accept

federal grants, private gifts, and donations from any source. Except as other-

wise provided by law. t lie board may use any such moneys :

( 1 ) For the administration of this act ;

(2) To encourage research and development projects by public or private

agencies through grants, contracts, or cooperative arrangements;

(3) To contract for Weather modification activities to seek relief from

or to avoid droughts, hail, storms, tires, fog, or other undesirable conditions.

(/) Under the direction of the bBard, the director shall represent the state in

matters pertaining to plans, procedures, or negotiations for cooperative agree-

545

1974. ch. 321, § 5; July 1.]

82a-1406. Same; engaging in weather modification without, or in violation of

license or permit ; exemption from payment of fees, (a) No person may engage

in any activity for weather modification or control without a weather modifica-

tion license and a weather modification permit issued by the director. No person

may engage in any activity in violation of any term or condition of a license or

permit issued under this act.

(ft) The board, to the extent it considers exemptions appropriate and de-

sirable, may exempt the following weather modification activities from the fee

requirements of this act :

(1) Research and development operations and experiments conducted

by or under authority of any state or federal department or agency, state

institution of higher education, or nonprofit research organization ;

(2) Laboratory research and experiments ; and

(3) Activities of an emergency nature for protection of public health,

safetv, and welfare including but not limited to fire, frost, hail, sleet, smog,

fog, and drought. [L. 1974, ch. 321, § 6 ; July 1.1

82a-l-i07. Same; license; application; requirements. The director shall issue

a weather modification license to each person who: (a) Applies in writing to

the board in such form as the board shall require ;

( ft ) Pays the license fee, if applicable ; and

(c) Meets at least one of the following requirements :

(1) The applicant shall demonstrate that he (or his official representative)

has had at least eight years of professional experience in weather modifica-

tion field research or activities, and has served for at least three years as

a project director of weather modification activities ;

(2) The applicant shall demonstrate that he has obtained a bacalaureate

degree from a recognized institution of higher learning in engineering,

mathematics, or the physical sciences and has had at least three years of

experience in weather modification field research or activities ; or

(3) The applicant shall demonstrate that he has obtained a baccalaureate

degree from a recognized institution of higher learning in engineering,

mathematics, or the physical sciences and has satisfactorily completed the

equivalent of at least twenty-five (25) semester hours of meteorological

studies at a recognized institution of higher learning and has had at least

two years of practical experience in weather modification research or activ-

ities; and

(d) Demonstrates that he possesses the knowledge, skill, and experience neces-

sary to conduct weather modification activities without unreasonable risk of

injury to persons or property. [L. 1974, ch. 321, § 7 ; July 1.]

8.2a-1408. Same; license fee: license year; renewal, fee: deposit of fees in

general fund. A license shall be issued under this act only upon payment to the

board of a fee of one hundred dollars ($100). Each license shall expire at the

end of the calendar year for which it is issued.

Subject to the limitation of this act, any person licensed under the provisions

of this act may, on or before January 1. each year, renew his license by payment

to the board of an annual fee of one hundred dollars ($100). The board shall

remit all moneys received pursuant to this section to the state treasurer and

the state treasurer shall deposit the same in the state treasury to the credit of

the state general fund. [L. 1974, ch. 321, § 8 ; July 1.]

82a-lJf09. Same ; license ; suspension or revocation ; conditions and procedures.

Any license issued under this act may be suspended or revoked by the board after

notice and hearing, when (1) the licensee is found to have engaged in any activ-

ity prohibited by or under this act, (2) he has practiced fraud or deceit in ob-

taining a license, (3) he has been negligent or guilty of incompetence in engag-

ing in any weather modification activity, or (4) he has violated any require-

ment of this act. In addition to the board, any interested person may make a

formal complaint to the board against any licensee. All formal complaints shall

he in writing, shall be signed by the complainant, and shall specify the charges

against the licensee. Upon receipt of a formal complaint, the board shall make

a preliminary examination thereof, and if it determines that there are reasonable

grounds to believe that the licensee has committed any of the acts for which his

license may be suspended or revoked under this section, it shall set the matter

for hearing, shall give the licensee concerned at least thirty (30) days written

546

and correct copy of the complaint at the time of such notice. Service upon such

licensee shall be deemed to have been made when the notice and a copy of the

complaint are deposited by the board in the United States mail, addressed to

the licensee at the last known address shown in the records and files of the board.

At any hearing before the board, any party may appear either in person or by

counsel, except that the person bringing the complaint shall have the burden of

proof. When authorized by a majority of the board, any member of the board

shall have the authority to administer oaths to witnesses and to issue subpoenas

in connection with any hearing authorized by this section. A transcript shall be

kept of the hearing before the board. The costs of notice and hearing may be

borne by the board or assessed at the discretion of the board. [L. 1974, ch. 321,

§9; July 1.]