A debate over whether Nebraska lawmakers should revise laws passed by voters through petition initiatives took center stage at the Legislature on Thursday. The discussion focused on a proposed amendment from Senator Paul Strommen of Sidney, which seeks to narrow the scope of Initiative 436—the voter-approved measure requiring employers to offer paid sick leave.
Strommen’s amendment would exclude independent contractors, temporary agricultural workers, and individuals under 16 from the law. It would also remove the legal mechanism allowing workers to sue employers who violate the statute. Supporters argue that the Nebraska Constitution permits such changes if two-thirds of the 49 senators—33 votes—support the move. Opponents counter that the 2004 constitutional amendment requiring a supermajority was intended to protect citizen-led laws from legislative interference.
The broader bill under consideration, LB415, was introduced by Senator Beau Ballard of Lincoln and proposes minor adjustments to Initiative 436. Critics say Strommen’s amendment, which was previously introduced as LB698, would significantly weaken the intent of the original measure—passed by nearly 75% of voters last fall.
The 2004 amendment to the state constitution, approved through Initiative 418, raised the bar for lawmakers to alter voter-approved laws following concerns that the Legislature might overturn ballot initiatives, particularly those related to gambling. The historical context resurfaced during Thursday’s debate, with lawmakers split on whether the supermajority rule grants permission or sets a high bar for legislative changes.
Senators like Jane Raybould of Lincoln defended the amendment, saying it maintains a balance of power between voters and lawmakers. But others, including Senator Danielle Conrad, said the constitution’s intent was clearly to limit legislative interference.
The debate is expected to continue Friday morning, with a vote likely after the eight-hour limit for first-round debate is reached.
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