LEG00139

• Bill Number: SB96-090
• Year: 1996
• Title: Concerning Regulation of Weather Modification and in Connection Therewith Continuing the Issuance of Permits for Weather Modification Operations by the Executive Director
• Legislation - Doc Type: Other CWCB Related Bills - Passed

36-20-121. Hearing required. (1) Except as provided in
section 36-20-115, the director may not suspend' or revoke a
1 iceRse af permit without first giving the 1 iceRsee OPERATOR
notice and a reasonable opportunity to be heard with respect to
the grounds for ~ THE DIRECTOR'S proposed action.

SECTION 17. 36-20-123 (2), Colorado Revised Statutes, 1990
Repl. Vol., is amended to read:

36-20-123. Legal recourse liability damages.
(2) (a) Failure to obtain a li~eRse af,permit before conducting
an operation, or any actions which knowingly constitute a
violation of the conditions of a permit, shall constitute
negligence per se. '

(b) The director may order any person who is found to be
conducting a weather modifisation operation without a liceRse aR8
permit to cease and desist from said operation. Any person who
fails to obey said order commits a class 6 felony and shall be
punished as provided in section 18-1-105, C.R.S.

SECTION 18. 36-20-124, Colorado Revised Statutes, 1990
Repl. Vol., is amended to read:

36-20-124. Permit as defense in actions. The fact that a
person Aales a liceRse af was issued a permit under this article,~
or that ~ THE PERSON has complied with the requirements
establ ished ,by the director pursuant to this article, is not
admissible as a defense in actions for damages or injunctive
relief brought against h4m THE PERSON.

SECTION 19.36-20-126 (1) (a) and (2), Colorado Revised
Statutes, 1990 Repl. Vol., is amended to read:

36-20-126. Penalties. (1) (a) Any person responsible for
conducting a weather modification operation without first having
procured the required 1 iceRse aRe permit and any person who
contracts with or pays another person known to be ijRli~eRsee aRe
without a permit to conduct a weather modification operation
commits a class 6 felony and shall be punished as provided in
section 18-1-105, C.R.S.

(2) Any 'person who makes a false statement in the
app 1 i cat i on for a 1 i ceRse af permit, &l<' who fails to fi 1 e any
report as required by this article, or who violates any other
provisions of this article, except as otherwise provided in
section 36-20-123 and subsection (1) of this section, is guilty
of a misdemeanor and, upon conviction thereof, shall be punished
by a fine of not more than five thousand dollars, or by
imprisonment in the county jail for not more than six months, or
by both such fine and imprisonment. Each such violation shall be
a separate offense.

PAGE 9-SENATE BILL 96-90