[Rev. 2/11/2015 11:27:27
AM--2014R2]
CHAPTER 544 - MODIFICATION OF WEATHER
RESEARCH
NRS 544.010 Short
title.
NRS 544.020 Definitions.
NRS 544.030 State
Department of Conservation and Natural Resources authorized to conduct research
programs.
NRS 544.040 County
financial participation in research; conditions.
NRS 544.050 Agreements
between counties and State Department of Conservation and Natural Resources;
term of agreements.
NRS 544.060 Use
of facilities and technical resources of Desert Research Institute of Nevada
System of Higher Education.
REGULATION OF OPERATIONS
NRS 544.070 Definitions.
NRS 544.080 Powers
of the Director of the State Department of Conservation and Natural Resources.
NRS 544.090 Promotion
of research and development.
NRS 544.100 Hearings:
Record of proceedings; subpoenas.
NRS 544.110 Acceptance
of gifts and grants.
NRS 544.120 License
and permit required for activities for modification and control of weather.
NRS 544.130 Exemptions.
NRS 544.132 Payment
of child support: Statement by applicant for license; grounds for denial of
license; duty of Director. [Effective until the date of the repeal of 42 U.S.C.
§ 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 544.134 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 544.136 Application
for license to include social security number of applicant. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
NRS 544.140 Qualifications
of licensees; issuance and renewal of licenses; fee. [Effective until the date
of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 544.140 Qualifications
of licensees; issuance and renewal of licenses; fee. [Effective on the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 544.145 Application
for renewal of license must include certain information regarding state
business license; grounds for denial of renewal.
NRS 544.150 Conditions
for issuance of permits.
NRS 544.160 Separate
permit required for each operation; notice of intention; conditions and
modification of permit.
NRS 544.170 Notice
of intention: Contents.
NRS 544.180 Notice
of intention: Publication; filing of proof of publication.
NRS 544.190 Proof
of financial responsibility.
NRS 544.200 Fees
for permits.
NRS 544.210 Records
and reports of licensees and exempt organizations.
NRS 544.220 Suspension
or revocation of license or permit: Grounds; modification of terms.
NRS 544.230 Construction
of NRS 544.070 to 544.240,
inclusive.
NRS 544.240 Penalties.
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RESEARCH
NRS 544.010 Short title. NRS 544.010 to 544.060,
inclusive, may be cited as the Weather Modification Research Law.
(Added to NRS by 1961, 668)
NRS 544.020 Definitions. As
used in NRS 544.010 to 544.060,
inclusive, unless the context otherwise requires:
1. “Department” means the State Department
of Conservation and Natural Resources.
2. “Director” means the Director of the
State Department of Conservation and Natural Resources.
(Added to NRS by 1961, 668)
NRS 544.030 State Department of Conservation and Natural Resources
authorized to conduct research programs. The
Department may conduct weather modification research programs.
(Added to NRS by 1961, 668)
NRS 544.040 County financial participation in research; conditions. In areas where weather modification research
is to be carried on, the counties involved may give such financial assistance
as the Director and the board of county commissioners shall determine, but such
financial assistance shall aggregate for the counties involved an amount not
less than 25 percent of the amount paid by the State for such program.
(Added to NRS by 1961, 668)
NRS 544.050 Agreements between counties and State Department of Conservation
and Natural Resources; term of agreements. Counties
in cooperating with the Director in conducting any weather modification program
in fulfillment of the purposes of NRS 544.010 to 544.060, inclusive, are authorized to enter into
5-year agreements with the Director.
(Added to NRS by 1961, 669; A 1975, 576)
NRS 544.060 Use of facilities and technical resources of Desert Research
Institute of Nevada System of Higher Education. In
carrying out the purposes of NRS 544.010 to 544.060, inclusive, the Director shall utilize to the
fullest possible extent the facilities and technical resources of the Desert
Research Institute of the Nevada System of Higher Education.
(Added to NRS by 1961, 669; A 1969, 1443; 1993, 413)
REGULATION OF OPERATIONS
NRS 544.070 Definitions. As
used in NRS 544.070 to 544.240,
inclusive, unless the context requires otherwise:
1. “Director” means the Director of the
State Department of Conservation and Natural Resources.
2. “Operation” means:
(a) 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 1 year; or
(b) 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, 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 1
year.
3. “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.
4. “Weather modification and control”
means changing or controlling, or attempting to change or control, by
artificial methods the natural development of any or all atmospheric cloud
forms or precipitation forms which occur in the troposphere.
(Added to NRS by 1961, 691; A 1997, 2090; 1999, 520, 542; 2013, 2737)
NRS 544.080 Powers of the Director of the State Department of Conservation
and Natural Resources. In the
performance of his or her functions the Director may, in addition to any other
acts authorized by law:
1. Establish advisory committees to advise
with and make recommendations to the Director concerning legislation, policies,
administration, research and other matters.
2. Establish by regulation or order such
standards and instructions to govern the carrying out of research or projects
in weather modification and control as the Director may deem necessary or desirable
to minimize danger to health or property, and make such regulations as are
necessary in the performance of his or her powers and duties.
3. Make such studies, investigations,
obtain such information and hold such hearings as the Director may deem
necessary or proper to assist the Director in exercising his or her authority
or in the administration or enforcement of NRS 544.070
to 544.240, inclusive, or any regulations or orders
issued thereunder.
4. Appoint and fix the compensation of
such personnel, without compliance with the provisions of chapter 284 of NRS, including specialists and
consultants, as are necessary to perform the duties and functions of the
Director.
5. Acquire, in the manner provided by law,
such materials, equipment and facilities as are necessary to perform the duties
and functions of the Director.
6. Cooperate with public or private
agencies in the performance of the functions or duties of the Director and in
furtherance of the purposes of NRS 544.070 to 544.240, inclusive.
7. Represent the State in any and all
matters pertaining to plans, procedures or negotiations for interstate compacts
relating to weather modification and control.
8. With approval of the Governor, enter
into cooperative agreements with the various counties and cities of this State
or with any private or public agencies for conducting weather modification or
cloud seeding operations.
9. Act for and represent the State and the
counties, cities and private or public agencies in contracting with private
concerns for the performance of weather modifications or cloud seeding
operations.
(Added to NRS by 1961, 692)
NRS 544.090 Promotion of research and development. The
Director shall exercise the powers of the Director in such manner as to promote
the continued conduct of research and development activities in the fields
specified below by private or public institutions or persons and to assist in
the acquisition of an expanding fund of theoretical and practical knowledge in
such fields. To this end the Director may conduct, and make arrangements
including contracts and agreements for the conduct of, research and development
activities relating to:
1. The theory and development of methods
of weather modification and control, including processes, materials and devices
related thereto.
2. Utilization of weather modification and
control for agricultural, industrial, commercial and other purposes.
3. The protection of life and property
during research and operational activities.
(Added to NRS by 1961, 693)
NRS 544.100 Hearings: Record of proceedings; subpoenas. In the case of hearings held pursuant to NRS 544.220, the Director shall, and in other cases
may, cause a record of all proceedings to be taken and filed with the Director,
together with his or her findings and conclusions. For any hearing, the
Director or a representative designated by the Director may issue, in the name
of the Director, subpoenas requiring any person to appear and testify or to
appear and produce documents at any designated place.
(Added to NRS by 1961, 693; A 1981, 89)
NRS 544.110 Acceptance of gifts and grants. The
Director may, subject to any limitations otherwise imposed by law, receive and
accept for and in the name of the State any money which may be offered or
become available from federal grants or appropriations, private gifts,
donations or bequests, or from any other source, and may expend the money,
unless its use is restricted and subject to any limitations otherwise provided
by law, for the administration of NRS 544.070 to 544.240, inclusive, and for the encouragement of
research and development by a state or public or private agency, either by
direct grant, by contract or other cooperative means.
(Added to NRS by 1961, 693; A 1979, 118)
NRS 544.120 License and permit required for activities for modification and
control of weather. Except as
provided in NRS 544.130, no person shall engage in
activities for weather modification and control except under and in accordance
with a license and a permit issued by the Director authorizing such activities.
(Added to NRS by 1961, 693)
NRS 544.130 Exemptions. The
Director, to the extent the Director deems practical, shall provide by regulation
for exempting from the license, permit and liability requirements of NRS 544.070 to 544.240,
inclusive:
1. Research and development and
experiments by state and federal agencies, institutions of higher learning and
bona fide nonprofit research organizations.
2. Laboratory research and experiments.
3. Activities required in emergencies for
protection against fire, frost, sleet or fog.
4. Activities normally engaged in for
purposes other than those of inducing, increasing, decreasing or preventing
precipitation or hail.
(Added to NRS by 1961, 693; A 1967, 159)
NRS 544.132 Payment of child support: Statement by applicant for license;
grounds for denial of license; duty of Director. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. A natural person who applies for the
issuance or renewal of a license to engage in activities for weather
modification and control shall submit to the Director the statement prescribed
by the Division of Welfare and Supportive Services of the Department of Health
and Human Services pursuant to NRS 425.520.
The statement must be completed and signed by the applicant.
2. The Director shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Director.
3. A license to engage in activities for
weather modification and control may not be issued or renewed by the Director
if the applicant is a natural person who:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Director shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2089)
NRS 544.134 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. If the Director receives a copy of a
court order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a license to engage in activities for weather modification and
control, the Director shall deem the license issued to that person to be
suspended at the end of the 30th day after the date on which the court order
was issued unless the Director receives a letter issued to the holder of the
license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the
license has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
2. The Director shall reinstate a license
to engage in activities for weather modification and control that has been
suspended by a district court pursuant to NRS
425.540 if the director receives a letter issued by the district attorney
or other public agency pursuant to NRS
425.550 to the person whose license was suspended stating that the person
whose license was suspended has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.
(Added to NRS by 1997, 2090)
NRS 544.136 Application for license to include social security number of
applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.] The application of a natural person who
applies for the issuance of a license to engage in activities for weather
modification and control must include the social security number of the
applicant.
(Added to NRS by 1997, 2090)
NRS 544.140 Qualifications of licensees; issuance and renewal of licenses;
fee. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal
law requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. Licenses to engage in activities for
weather modification and control must be issued to an applicant who:
(a) Pays the fee required pursuant to subsection
2;
(b) If the applicant is a natural person, submits
the statement required pursuant to NRS 544.132; and
(c) Demonstrates, to the satisfaction of the
Director, competence in the field of meteorology reasonably necessary to engage
in activities for weather modification and control.
2. If the applicant is an organization,
the requirements set forth in paragraphs (a) and (c) of subsection 1 must be
met by the person or persons who are to be in control and in charge of the
operation for the applicant.
3. The Director shall issue licenses in
accordance with such procedures and subject to such conditions as the Director
may by regulation establish to effectuate the provisions of NRS 544.070 to 544.240,
inclusive. Each license must be issued for a period to expire at the end of the
calendar year in which it is issued and, if the licensee possesses the
qualifications necessary for the issuance of a new license, the license must,
upon application, be renewed at the expiration of that period. A license must
be issued or renewed only upon the payment to the Director of $100 for the
license or the renewal thereof.
(Added to NRS by 1961, 694; A 1997, 2091)
NRS 544.140 Qualifications of
licensees; issuance and renewal of licenses; fee. [Effective on the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
1. Licenses to engage in activities for
weather modification and control shall be issued to applicants therefor who pay
the license fee required and who demonstrate, to the satisfaction of the
Director, competence in the field of meteorology reasonably necessary to engage
in activities for weather modification and control. If the applicant is an
organization, these requirements shall be met by the individual or individuals
who are to be in control and in charge of the operation for the applicant.
2. The Director shall issue licenses in
accordance with such procedures and subject to such conditions as the Director
may by regulation establish to effectuate the provisions of NRS 544.070 to 544.240,
inclusive. Each license must be issued for a period to expire at the end of the
calendar year in which it is issued and, if the licensee possesses the
qualifications necessary for the issuance of a new license, such license shall,
upon application, be renewed at the expiration of that period. A license shall
be issued or renewed only upon the payment to the Director of $100 for the
license or the renewal thereof.
(Added to NRS by 1961, 694; A 1997, 2091,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 544.145 Application for renewal of license must include certain
information regarding state business license; grounds for denial of renewal.
1. In addition to any other requirements
set forth in this chapter, an applicant for the renewal of a license to engage
in activities for weather modification and control must indicate in the
application submitted to the Director whether the applicant has a state
business license. If the applicant has a state business license, the applicant
must include in the application the state business license number assigned by
the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
2. A license to engage in activities for
weather modification and control may not be renewed by the Director if:
(a) The applicant fails to submit the information
required by subsection 1; or
(b) The State Controller has informed the
Director pursuant to subsection 5 of NRS
353C.1965 that the applicant owes a debt to an agency that has been
assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the
payment of the debt pursuant to NRS
353C.130; or
(3) Demonstrated that the debt is not
valid.
3. As used in this section:
(a) “Agency” has the meaning ascribed to it in NRS 353C.020.
(b) “Debt” has the meaning ascribed to it in NRS 353C.040.
(Added to NRS by 2013, 2736)
NRS 544.150 Conditions for issuance of permits. The
Director shall issue permits in accordance with such procedures and subject to
such conditions as the Director may by regulation establish to effectuate the
provisions of NRS 544.070 to 544.240,
inclusive, only:
1. If the applicant is licensed pursuant to
NRS 544.070 to 544.240,
inclusive.
2. If a sufficient notice of intention is
published and proof of publication is filed as required by NRS 544.180.
3. If the applicant furnishes proof of
financial responsibility, as provided in NRS 544.190,
in an amount as may be determined by the Director but not to exceed $20,000.
4. If the fee for a permit is paid as
required by NRS 544.200.
(Added to NRS by 1961, 694)
NRS 544.160 Separate permit required for each operation; notice of
intention; conditions and modification of permit. A
separate permit shall be issued for each operation. Prior to undertaking any
weather modification and control activities the licensee shall file with the
Director and also cause to be published a notice of intention. The licensee, if
a permit is issued, shall confine his or her activities for the permitted
operation substantially within the time and area limits set forth in the notice
of intention, unless modified by the Director, and the activities shall also
substantially conform to any conditions imposed by the Director upon the
issuance of the permit or to the terms of the permit as modified after
issuance.
(Added to NRS by 1961, 694)
NRS 544.170 Notice of intention: Contents. The
notice of intention shall set forth at least all the following:
1. The name and address of the licensee.
2. The nature and object of the intended
operation and the person or organization on whose behalf it is to be conducted.
3. The area in which and the approximate
time during which the operation will be conducted.
4. The area which is intended to be
affected by the operation.
5. The materials and methods to be used in
conducting the operation.
(Added to NRS by 1961, 694)
NRS 544.180 Notice of intention: Publication; filing of proof of
publication.
1. The applicant shall cause the notice of
intention, or that portion thereof including the items specified in NRS 544.170, to be published at least once a week for
3 consecutive weeks in a newspaper having a general circulation and published
within any county in which 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 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 operation is to be
conducted, then 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.
2. Proof of publication, made in the
manner provided by law, shall be filed by the licensee with the Director within
15 days from the date of the last publication of the notice.
(Added to NRS by 1961, 695)
NRS 544.190 Proof of financial responsibility. Proof
of financial responsibility may be furnished by an applicant by the applicant’s
showing, to the satisfaction of the Director, the applicant’s ability to
respond in damages for liability which might reasonably be attached to or
result from weather modification and control activities in connection with the
operation for which the applicant seeks a permit; but the applicant need not
show ability to respond in damages for liability resulting from precipitation
caused by weather modification experiments.
(Added to NRS by 1961, 695; A 1967, 159)
NRS 544.200 Fees for permits. The
fee to be paid by each applicant for a permit shall be equivalent to 1 1/2
percent of the estimated cost of such operation, such cost to be estimated by
the Director from the evidence available to the Director. The fee is due and payable
to the Director as of the date of the issuance of the permit, but if the
applicant is able to give to the Director satisfactory security for the payment
of the balance, the applicant may be permitted to commence the operation, and a
permit may be issued therefor, upon the payment of not less than 50 percent of
the fee. The balance due shall be paid within 3 months from the date of the
termination of the operation as prescribed in the permit. Failure to pay a
permit fee as required is grounds for suspension or revocation of the license
of the delinquent permit holder and grounds for refusal to renew the license or
to issue any further permits to such person.
(Added to NRS by 1961, 695)
NRS 544.210 Records and reports of licensees and exempt organizations.
1. Each licensee shall keep and maintain a
record of all operations conducted by the licensee pursuant to his or her
license and each permit, showing the method employed, the type of equipment
used, materials and amounts thereof used, the times and places of operation of
the equipment, the name and post office address of each individual
participating or assisting in the operation other than the licensee, and such
other general information as may be required by the Director, and shall report
the same to the Director at the time and in the manner required by the
Director.
2. The Director shall require written
reports in such manner as the Director provides but not inconsistent with the
provisions of NRS 544.070 to 544.240,
inclusive, covering each operation for which a permit is issued. The Director
shall also require written reports from such organizations as are exempt from
the license, permit and liability provisions of NRS
544.130.
3. All information on an operation shall
be submitted to the Director before any information on such operation may be released
to the public.
4. The reports and records in the custody
of the Director shall be open for public examination.
(Added to NRS by 1961, 695)
NRS 544.220 Suspension or revocation of license or permit: Grounds;
modification of terms.
1. The Director may suspend or revoke any
license or permit issued if it appears that the licensee no longer possesses
the qualifications necessary for the issuance of a new license or permit. The
Director may suspend or revoke any license or permit if it appears that the
licensee has violated any of the provisions of NRS
544.070 to 544.240, inclusive. Such suspension
or revocation shall occur only after notice to the licensee and a reasonable
opportunity granted such licensee to be heard respecting the grounds for the
proposed suspension or revocation. The Director may refuse to renew the license
of, or to issue another permit to, any applicant who has failed to comply with
any provisions of NRS 544.070 to 544.240, inclusive.
2. The Director may modify the terms of a
permit after issuance thereof if the licensee is first given notice and a
reasonable opportunity for a hearing respecting the grounds for the proposed
modification and if it appears to the Director that it is necessary for the
protection of the health or the property of any person to make the modification
proposed.
(Added to NRS by 1961, 696)
NRS 544.230 Construction of NRS 544.070 to 544.240,
inclusive. Nothing in NRS 544.070 to 544.240,
inclusive, shall be construed to impose or accept any liability or
responsibility on the part of the State or any state officials or employees for
any weather modification and control activities of any private person or group,
or to affect in any way any contractual, tortious or other legal rights, duties
or liabilities between any private persons or groups.
(Added to NRS by 1961, 696)
NRS 544.240 Penalties. Any
person violating any of the provisions of NRS 544.070
to 544.240, inclusive, or any lawful regulation or
order issued pursuant thereto shall be guilty of a misdemeanor and a continuing
violation is punishable as a separate offense for each day during which it occurs.
(Added to NRS by 1961, 696; A 2013, 2737)
