IN SB0581 | 2019 | Regular Session

Status

Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: Engrossed on February 22 2019 - 50% progression
Action: 2019-04-08 - Representative Speedy added as cosponsor
Pending: House Judiciary Committee
Text: Latest bill text (Engrossed) [PDF]

Summary

Lake Michigan shore zone administrative rules. Defines "Lake Michigan shore zone" as the land between the ordinary high water mark of Lake Michigan and the lakeside property line of a privately owned lot or tract of land described by metes and bounds. Defines "ordinary high water mark". Provides that a Lake Michigan shore zone includes a seawall constructed on the lakeside property line of a privately owned lot or tract of land described by metes and bounds. Authorizes the natural resources commission (commission) to adopt rules concerning: (1) the movement of sand across a Lake Michigan shore zone through natural forces or otherwise and the return of the sand to the Lake Michigan shore; (2) the flow of water, including water from a source on a privately owned lot or tract of land, across a Lake Michigan shore zone; (3) permitting and specifications for any maintenance, construction, or another similar activity in the Lake Michigan shore zone related to beach grooming, sea walls, revetments, secondary erosion control, and retaining walls; and (4) other matters relating to the use of Lake Michigan shore zones. Provides that the rules adopted by the commission supersede an ordinance of a unit of local government, including a zoning ordinance, that is inconsistent with the adopted rules. Provides that a person who goes on the property of another for the purpose of: (1) going to or departing Lake Michigan public trust land: or (2) going to another destination upon leaving Lake Michigan public trust land; does not have assurance that the property is safe for the purpose, and the owner of the property is immune from liability, with certain exceptions, for an injury to a person or property caused by an act or omission of another person using the property.

Tracking Information

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Title

Lake Michigan shore zone administrative rules. Defines "Lake Michigan shore zone" as the land between the ordinary high water mark of Lake Michigan and the lakeside property line of a privately owned lot or tract of land described by metes and bounds. Defines "ordinary high water mark". Provides that a Lake Michigan shore zone includes a seawall constructed on the lakeside property line of a privately owned lot or tract of land described by metes and bounds. Authorizes the natural resources commission (commission) to adopt rules concerning: (1) the movement of sand across a Lake Michigan shore zone through natural forces or otherwise and the return of the sand to the Lake Michigan shore; (2) the flow of water, including water from a source on a privately owned lot or tract of land, across a Lake Michigan shore zone; (3) permitting and specifications for any maintenance, construction, or another similar activity in the Lake Michigan shore zone related to beach grooming, sea walls, revetments, secondary erosion control, and retaining walls; and (4) other matters relating to the use of Lake Michigan shore zones. Provides that the rules adopted by the commission supersede an ordinance of a unit of local government, including a zoning ordinance, that is inconsistent with the adopted rules. Provides that a person who goes on the property of another for the purpose of: (1) going to or departing Lake Michigan public trust land: or (2) going to another destination upon leaving Lake Michigan public trust land; does not have assurance that the property is safe for the purpose, and the owner of the property is immune from liability, with certain exceptions, for an injury to a person or property caused by an act or omission of another person using the property.

Sponsors


Roll Calls

2019-02-21 - Senate - Third reading (Y: 48 N: 1 NV: 0 Abs: 1) [PASS]
2019-02-11 - Senate - Senate - Committee Vote (Y: 8 N: 0 NV: 0 Abs: 1) [PASS]

History

DateChamberAction
2019-04-08HouseRepresentative Speedy added as cosponsor
2019-03-07HouseFirst reading: referred to Committee on Judiciary
2019-02-22SenateReferred to the House
2019-02-21SenateCosponsors: Representatives Eberhart and Stutzman
2019-02-21SenateHouse sponsor: Representative Miller D
2019-02-21SenateThird reading: passed; Roll Call 177: yeas 48, nays 1
2019-02-19SenateAmendment #7 (Perfect) prevailed; voice vote
2019-02-19SenateAmendment #1 (Doriot) prevailed; voice vote
2019-02-19SenateSecond reading: amended, ordered engrossed
2019-02-14SenateSenator Randolph added as coauthor
2019-02-14SenateSenator Perfect added as third author
2019-02-14SenateSenator Garten added as second author
2019-02-12SenateCommittee report: amend do pass, adopted
2019-01-14SenateFirst reading: referred to Committee on Natural Resources
2019-01-14SenateAuthored by Senator Doriot

Indiana State Sources


Bill Comments

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