Watered-down paid sick leave bill advances, again

The Nebraska Legislature took a stutter step Tuesday before moving one pace closer to narrowing a paid sick leave law.

At stake was a bill that would change a law voters approved last November that requires businesses provide paid sick leave for employees. The bill would narrow that requirement, making it so it would not apply to small businesses employing 10 or fewer workers.

Near the outset of Tuesday’s debate, Sen. Machaela Cavanaugh, a registered Democrat in the officially nonpartisan Legislature, conceded that members of her party could not prevent the Republican supermajority from advancing the proposed changes.

“We could just not undo the will of the people. But you know, we don't have the votes. Isn't that fun Nebraska? For as long as I can remember, well, at least as long as I've been in here, Nebraska has been doing as well as it has, because you've had just enough Democrats to save us from ourselves. But you don't anymore,” she said.

Sen. Jared Storm, a Republican, said progressives were trying to run the state, not by having candidates elected, but by using the initiative process.

“Like Sen. Machaela Cavanaugh said, they don't have the numbers. They can't win elections like they should," he said. "This is how they're going to control the state of Nebraska. George Soros is going to come here, spend his money, pay people to stand on corners, get signatures, get on the ballot, vote for it -- new law! Then we come here as a Legislature. We have to deal with that. We have to try to make that work."

Storm said the Soros-founded Open Society organization contributed $350,000 to the campaign for paid sick leave, the progressive 1630 fund gave $1.9 million and Nebraska Appleseed gave $466,000.

But Sen. Ashley Spivey said big spending on initiative campaigns comes from both sides. She cited last year’s campaign in support of keeping Nebraska’s 12-week deadline for women to be able to get abortions.

“Marlene Ricketts gave $4 million. Pete Ricketts $1.15 million. Tom Peed, $550,000. Shawn Peed, $1.05 million. Thirty thousand dollars came from the Catholic Diocese, and $1 million from Common Sense Nebraska. And so again, when you talk about ballot initiatives, buying media, providing awareness, it happens on either side of the aisle,” she said.

Sen. George Dungan said people he talks to are upset that the Legislature is changing or delaying action on voter approved measures like paid sick leave, the minimum wage, and medical marijuana. Dungan acknowledged the state constitution gives the Legislature the power to change laws enacted by voters, with a 2/3 majority.

“You can do these things. And the question is always, should you? And I would say colleagues, in the times that I've had town halls when the session has been going, and in the times that voters have reached out to me via voice mail or email or text or whatever that is… the throughline is one of frustration that we continue to walk back the voice of the people,” he said.

But Sen. Mike Jacobson questioned whether voters had considered the effect on small businesses when they were voting. Jacobson said one small implement dealer in his district was at risk of going out of business as a result of mandates like paid sick leave and minimum wage increases.

“How is he supposed to make that work? And how is he going to be able to keep those people employed, and how is that going to support the community who needs roads and street improvements and so on, if that business goes out of business? How many voters thought about that when they looked on the ballot and said, ‘Gosh, I can get paid more. I can get another benefit. Sure. Why not? Check.’ Those are the real life situations that are out there,” he said.

The Legislature briefly adopted an amendment that had been negotiated with Democratic senators that lowered the size of businesses that would be exempt from the sick leave requirement. It would have made the exemption apply to businesses with five or fewer, rather than ten or fewer, employees.

Senators first voted 36-4 in favor of that change. But as opponents continued to criticize the bill, and supporters determined they didn’t need the change in order to have enough votes, they then voted 28-15 against the amendment. Dungan, who had supported the change, expressed his frustration.

“The people of Nebraska want us to keep working together. They want us to get over our political B.S. and be able to sit down in a room and work things out. And the (amendment) that was just stripped out of that bill represented, in some capacity, some of that effort. But this Legislature said, ‘No thank you.’” he said.

Senators then voted 33-14 to give the bill the second of three approvals it would need before being sent to Gov. Jim Pillen for his signature.

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Correction: The audio version of this story, as well as an earlier text version, gave an incorrect last name for the senator who criticized George Soros' involvement in the initiative process. It was Sen. Jared Storm.

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