SB 412 IN

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Became Law

Authorizes the Little Calumet River basin development commission to make bank improvements and remove sediment and flood-causing debris in the area subject to its jurisdiction, subject only to the authority of the United States Army Corps of Engineers. Authorizes the division of water (division) of the department of natural resources (department), under certain circumstances, to file with the county recorder an affidavit stating that a violation or deficiency that is the subject of an enforcement action involving a structure classified by the department as a high hazard structure exists on a particular property in the county. Provides that the affidavit must: (1) include a sworn statement that a violation or deficiency exists on the property; (2) be recorded in the deed records of the county; (3) be designed and worded so as to provide notice to the public; and (4) include certain details about the property and current owner. Requires the department to file a release of the affidavit when the violation or deficiency is resolved. Requires the division to pay the fees for recording the affidavit and for recording a release of the affidavit. Amends the law on natural resources commission (commission) rules concerning lakes and reservoirs to eliminate provisions concerning the mediation of disputes. Amends the flood control law: (1) to require a person who applies for a permit to create or maintain a structure, obstruction, deposit, or excavation on a site in a floodway to provide documentation of the person's ownership of the site or an affidavit from the owner of the site authorizing the performance of the proposed work; and (2) to allow a person who applies for a permit to file an amendment to the permit application. Amends the floodplain management law: (1) to require the commission to meet at least once every five years with officials of counties and municipalities to promote cooperation among counties and municipalities, provide technical and data assistance, conduct training, and provide communications and outreach; (2) to provide that county and municipality officials may request to meet with the commission on a periodic basis; (3) to require a permit for the creation, use, or maintenance of a structure, obstruction, deposit, or excavation on any state owned or state managed property in a floodplain; (4) to provide that the lowest floor of any structure erected on state owned or state managed property in a floodplain must be least two feet above the 100 year frequency flood elevation; and (5) to require the commission to review and timely respond to any request from a county or municipality to revise the delineation of a flood hazard area. Provides that a person who applies for a permit authorizing the construction of a structure or other construction activity in or near a floodplain may elect whether: (1) mapping data provided by the department; or (2) an engineering study provided by the applicant; will be used by the local floodplain administrator when reviewing the person's permit application, and prohibits a local floodplain administrator from issuing a permit if the issuance of the permit would affect the county's or municipality's eligibility to participate in the National Flood Insurance Program. Amends the timber buyers law to provide that information in a timber buyer's records about the timber buyer's transactions with a particular timber grower may be disclosed to that timber grower. Provides that if a local governmental agency in county located along the Lake Michigan shore does not approve or deny a completed application for a nonemergency seawall or revetment permit within 30 business days after it is submitted, the permit is automatically approved and considered issued to the applicant. Requires the department to coordinate with local governmental agencies for purposes of the seawall or revetment permit process. Makes conforming changes.

• Susan Glick Republican · author
• Jean Leising Republican · author
• Shane Lindauer Republican · sponsor

1. Jan 19, 2023 Authored by Senator Glick · upper
2. Jan 19, 2023 First reading: referred to Committee on Natural Resources · upper
3. Feb 21, 2023 Committee report: amend do pass, adopted · upper
4. Feb 23, 2023 Amendment #1 (Glick) prevailed; voice vote · upper
5. Feb 23, 2023 Amendment #2 (Perfect) prevailed; voice vote · upper
6. Feb 23, 2023 Second reading: amended, ordered engrossed · upper
7. Feb 23, 2023 Senator Randolph added as coauthor · upper
8. Feb 27, 2023 Third reading: passed; Roll Call 172: yeas 45, nays 4 · upper
9. Feb 27, 2023 House sponsor: Representative Lindauer · upper
10. Feb 27, 2023 Senator Leising added as second author · upper
11. Feb 28, 2023 Referred to the House · upper
12. Mar 6, 2023 First reading: referred to Committee on Natural Resources · lower
13. Mar 23, 2023 Committee report: amend do pass, adopted · lower
14. Mar 27, 2023 Second reading: ordered engrossed · lower
15. Mar 27, 2023 Representative Harris added as cosponsor · lower
16. Mar 28, 2023 Third reading: passed; Roll Call 316: yeas 89, nays 4 · lower
17. Mar 29, 2023 Returned to the Senate with amendments · lower
18. Apr 12, 2023 Motion to dissent filed · upper
19. Apr 13, 2023 Senate dissented from House amendments · upper
20. Apr 14, 2023 House conferees appointed: Lindauer and Harris · lower
21. Apr 14, 2023 House advisors appointed: Abbott, Pressel, Hostettler and Boy · lower
22. Apr 18, 2023 Senate conferees appointed: Glick and Qaddoura · upper
23. Apr 18, 2023 Senate advisors appointed: Breaux and Leising · upper
24. Apr 27, 2023 CCR # 1 filed in the Senate · upper
25. Apr 27, 2023 CCR # 1 filed in the House · lower
26. Apr 27, 2023 Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 517: yeas 39, nays 9 · upper
27. Apr 27, 2023 Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 546: yeas 92, nays 3 · lower
28. Apr 28, 2023 Signed by the President of the Senate · upper
29. Apr 28, 2023 Signed by the President Pro Tempore · upper
30. May 1, 2023 Signed by the Speaker · lower
31. May 4, 2023 Public Law 191 · upper
32. May 4, 2023 Signed by the Governor · executive

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Enrolled Senate Bill (S) · Apr 27, 2023 · PDF
• Introduced Senate Bill (S) · Jan 18, 2023 · PDF
• Senate Bill (S) · Feb 21, 2023 · PDF
• Engrossed Senate Bill (S) · Feb 23, 2023 · PDF
• Senate Bill (H) · Mar 23, 2023 · PDF