Republicans in the state Senate voted Tuesday to give more power to property owners. Credit: Journal Sentinel files

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Madison — Republicans in the state Senate voted Tuesday to give more power to property owners, put limits on wetland laws and bar county executives from serving as lawmakers — a measure aimed at thwarting a legislative run by a Democrat.

They also backed off on bills that would make it easier to privatize water systems and hand out more money to people who were wrongly incarcerated.

The moves came as senators worked late into the night as they raced to wrap up this year's legislative session. They hope to complete their session in March so they can turn to campaigning.

On a 19-13 vote, senators approved SB 459, a wide-ranging bill being closely tracked by environmentalists that would put limits on when the state Department of Natural Resources could designate areas as specialized wetlands. It would also allow dredging in artificial bodies of water, require disputes over piers to be handled by circuit courts instead of through administrative hearings and curb the ability of the DNR to block municipalities from constructing storm-water management ponds.

All Republicans supported the bill and all Democrats opposed it.

The bill differs sharply from AB 600, the version of the measure the Assembly approved last week. Among the portions the Senate dropped were ones dealing with development on lake beds and dredging lakes and rivers.

"I would say that they have moved the discussion in the right direction, but there is language that remains that would still make it easier to fill wetlands that we would have problems with," said Amber Meyer Smith, a lobbyist with the environmental group Clean Wisconsin.

The proposal now goes to the Assembly, which is also run by Republicans. If the two houses don't agree on the issue, the bill will die.

Property rights. Senators approved on a party-line, 19-12 vote AB 582, which would strengthen the hand of property owners. The Assembly approved the bill 56-39 last week and it now goes to GOP Gov. Scott Walker.

Supporters said the modifications were long overdue for property owners who have had their rights whittled away by zoning regulations and court cases. Opponents said the changes would have negative environmental consequences.

The bill would prohibit counties from enacting moratoriums on some types of development and would bar a judge from giving deference to an agency, like the DNR, in interpreting legal cases that could restrict the rights of property owners.

Another provision would stop municipalities from setting conditions on repairing buildings constructed in setback areas near the shoreline.

County executives. On a 19-13 vote, senators approved SB 707, which would bar anyone from simultaneously serving as a legislator and county executive. That measure is aimed at a Senate run by Winnebago County Executive Mark Harris, a Democrat seeking the seat being given up by Sen. Rick Gudex (R-Fond du Lac).

Sen. Rob Cowles (R-Allouez) joined all Democrats in opposing the bill. The measure goes to the Assembly.

Voters — not lawmakers — are the ones who should decide if someone can serve both jobs at the same time, said Manitowoc County Executive Bob Ziegelbauer. For more than six years, he served as both county executive and a member of the Assembly.

Ziegelbauer often sided with Republicans and quit the Democratic Party near the end of his Assembly tenure but was harsh in his assessment of the GOP-backed bill.

"It's for partisan purposes and it's a cheap shot for one particular candidate," Ziegelbauer said.

Senate Majority Leader Scott Fitzgerald (R-Juneau), the author of the bill, said he believed there was a conflict between the duties of legislators and county executives because counties are arms of the state government.

"The idea that you're drawing two large salaries — that's a problem," he said.

Fitzgerald said Harris' run brought such questions to the forefront.

"I know people are going to say there is a political piece to this, and there is," he said.

Nuclear plants. On a 23-9 vote, the Senate sent Walker AB 384, which would repeal Wisconsin's ban on building nuclear reactors. Four Democrats joined all Republicans in supporting the bill.

Industry observers and opponents of the bill say nuclear plants are cost-prohibitive, but utilities and business groups have supported the bill, which would allow utilities to begin planning for potential construction of a nuclear plant.

The state's nuclear moratorium, enacted in response to the Three Mile Island meltdown in Pennsylvania in 1979, has been in place since 1983.

County zoning.Along party lines, the Senate voted 19-13 to send Walker AB 563, which would allow towns in Dane County to opt out of county zoning ordinances that restrict development. Those towns would have to approve some form of joint zoning ordinance of their own.

Landlord-tenant law. Senators voted 19-13 to approve AB 568, which would dictate when landlords could evict their tenants and how local governments could regulate rental properties and establish local historic districts. It goes to Walker.

Under the bill, landlords with five days' notice could evict tenants if they or their guests engage in criminal activity. Also under the bill, local governments would have to hold public hearings before creating historic districts.

Sex offenders. Senators on a voice vote approved AB 497, a bill spelling out where sexually violent individuals could be placed in communities. They could not be housed within 1,500 feet of schools, child care centers, parks, places of worship or youth centers.

Local governments would be able to set more restrictive policies for those offenders, but judges could overrule the local policies if officials had trouble finding housing for the offenders. The bill now goes to Walker.

Water systems. Senators put off a vote on AB 554, which would ease restrictions on out-of-state private ownership of water and sewage treatment utilities.

Aqua America Inc., which owns water systems in Illinois and seven other states, has pushed the measure, which passed the Assembly in January.

The bill has come up as front pages have been filled with stories about lead leaching into the water system in Flint, Mich. Opponents say the situation in Flint highlights the need for closely managing how water systems are run, while proponents note Flint's system wasn't privatized.

Opponents say governments have more accountability than a private company and that basic public services should not be left in the hands of profit-driven firms.

Supporters say the bill gives communities the option to sell their systems if they feel it would be a better option. The state Public Service Commission, which regulates municipal water systems, met with Aqua America representatives to discuss financially strapped utilities operating in the state — presumably the type of systems that would benefit the most by being taken over.

Wrongful convictions. Senators canceled a vote on AB 460, which would increase the amount wrongly convicted people could seek from the state.

The bill, which passed the Assembly last week, would allow those people to receive up to $50,000 for each year they were incarcerated, up to $1 million total.

Thomas Content of the Journal Sentinel staff in Milwaukee contributed to this report.