Vote on limits to state minimum wage reconsidered

Lawmakers could have a second chance to vote on final passage of a measure that would limit scheduled increases to the state’s minimum wage after choosing May 22 to reconsider a vote taken last week.

Nebraskans voted at the November 2022 general election to increase the state minimum wage incrementally to $15 an hour by Jan. 1, 2026. Once the minimum wage, which currently is $13.50 an hour, reaches $15 it is set to adjust annually based on the Midwest Consumer Price Index to account for cost-of-living increases.

LB258, sponsored by Lincoln Sen. Jane Raybould, instead would increase the state minimum wage by 1.75% annually.

The bill also would establish a youth minimum wage of $13.50 an hour for employees ages 14 and 15 and adjust the 90-day training wage for new employees under age 20 to $13.50 an hour through Dec. 31, 2026. The training wage then would increase by 1.5% annually.

The youth minimum wage, which would not apply to emancipated youth, also would increase by 1.5% every fifth year beginning Jan. 1, 2030.

LB258 failed to obtain final approval May 14 on a 31-17 vote. Laws that would alter voter-approved initiative measures require a two-thirds majority, or 33 votes, for final passage.

Under the rules of the Legislature, a senator who is not voting or is on the “prevailing side” of a question may offer a motion to reconsider that vote. Lincoln Sen. Beau Ballard, who supported the bill, was ‘present not voting’ on the May 14 vote after realizing that another supporter was absent, and subsequently filed a reconsideration motion.

During debate on the motion, several senators acknowledged that reconsidering a vote on final passage of a bill is rare, but Ballard noted an occurrence in 1984. He said it is within the rules of the Legislature to reconsider a vote taken on a bill that did not pass on final reading if offered within the time frame laid out in the rules.

“I think this is the right motion, it is well in order and it’s the right thing for this Legislature,” Ballard said.

Omaha Sen. Megan Hunt opposed the motion, calling it “shameful” that a bill would get a second chance at final passage because another senator did not return to the chamber in time to cast their vote. She said reconsidering a vote taken on final reading goes against the “norms and traditions” of the Legislature.

“Proponents of this measure lost fair and square and now they want a do-over,” Hunt said.

The reconsideration motion succeeded on a 33-16 vote. Thirty votes were required. No further action was taken on LB258 and it has not been scheduled for a second final reading vote.