During the last two general elections in Nebraska, we got the opportunity to vote on ballot measures that would become state law. Most of these were designed to help low-income people in our state. Even though voters passed initiatives on minimum wage, paid sick leave, medical marijuana, and nixing school vouchers, the Legislature has been dragging their feet. Our senators want to modify the statutes the voters have demanded they enact. What is going on?
The Nebraska State Constitution Article III-2 says, “The first power reserved by the people is the initiative whereby laws may be enacted and constitutional amendments adopted by the people independently of the Legislature.”
There is a difference between “laws that may be enacted” and “constitutional amendments” in the requirements to get on the ballot. Constitutional amendments require petitions be presented that are signed by 10% of Nebraska voters. Placing a state statute on the ballot requires 7%. Both require that petition gatherers must collect signature from 5% of the registered voters in 38 of Nebraska’s 93 counties.
When constitutional amendments are passed by voters, there is little the Legislature can do to change them. However, after voters support a new law, legislators can “amend, repeal, modify, or impair” the statute with a two-thirds majority. If 33 votes are not received, the new law goes into effect the way it was worded on the ballot.
In November, 2022, Nebraskans voted to raise minimum wage gradually to $15.00 an hour. It is currently $13.50, with the final increase taking effect January, 2026. After that, minimum wage will increase by a cost-of-living adjustment based on the inflation rate of the previous August. LB 258 would establish an increase of 1.75% every year. The bill provides for a youth minimum wage and a training wage. Workers aged 16-19 could be paid 75% of minimum wage for the first 90 days on the job. Workers aged 14-15 would have a minimum wage of $13.50 per hour, with increases of 1.5% every year.
LB 415 is attempting to change the paid sick leave requirements passed last November, set to go into effect October 1. The law approved by voters says that businesses with fewer than 20 employees would allow those employees to accrue up to five days of paid sick leave a year, up to seven days a year for larger businesses. An hour of leave could be earned for every 30 hours worked. Leave could be used for the employee or for a family member and during a public health emergency. The proposed changes? No sick leave for teen workers aged 14-15, or for seasonal agricultural workers, or for employees in businesses with ten or fewer employees. This bill would make about 30,000 Nebraskans ineligible for paid sick leave.
LB 1402 was enacted by the Nebraska Legislature in 2024 to provide $10 million annually to fund education scholarships to pay all or part of the cost to educate eligible students attending private schools in Nebraska. Voters were asked to retain or repeal this statute, and we voted to repeal. LB 509 is again asking legislators to pass an Opportunity Scholarship Act where individual and corporate taxpayers would receive an income tax credit equal to the amount they donate for private school scholarships, allowing them to redirect as much as 50% of their total tax liability. Why would the Legislature think we want to shift tax money out of the general fund supporting government programs and instead send it to private schools?
We voted for two initiatives for medical marijuana last November. The first would allow use, possession, and acquisition of up to five ounces of cannabis for medical purposes by a qualified patient with a written recommendation from a health care practitioner, and for a caregiver to assist a qualified patient with these activities. The second establishes a Medical Cannabis Commission to regulate dispensaries. The Nebraska Liquor Control Commission and two appointees by Governor Pillen need to establish regulations and eligibility standards for cannabis establishments by July 1. By October 1 at least some of the establishments must have been granted licenses. Medical marijuana continues to be illegal, because it cannot be transported across state lines.
If the Legislature does not pass any of these laws by a super-majority, they take effect as approved on our ballots. For now, we just wait and see.