18-year-olds' officeholding advancing in Legislature; wage discrimination bill heard

A proposal to ask Nebraska voters if they want to let 18-year-olds serve as governor, legislator or judge is advancing in the Legislature. And lawmakers heard a proposal giving women who think they’re victims of wage discrimination another way to make those claims.

Currently, Nebraska’s state constitution says people have to be 21 to serve in the Legislature, and 30 to serve as governor or as a judge on the state Supreme Court. The proposal by Sen. Tyson Larson of O’Neill would ask Nebraska voters in November if they want to lower the age requirement for those offices to 18.

Lincoln Sen. Adam Morfeld, supporting the proposal, said even if voters approved, it would not necessarily result in young officeholders. "This isn’t guaranteeing that 18–year-olds are going to be serving in the Nebraska Legislature. The voters have to decide," Morefeld said. However, he added, "If the voters decide that an 18 year old is competent enough, smart enough, hardworking enough to represent them, who are we to tell them no? Particularly when that individual is old enough to vote, old enough to serve our the armed forces, and old enough to do a variety of other things, including pay taxes and work full time."

Sen. Dave Bloomfield of Hoskins said he does not oppose letting 18 year olds serve in the Legislature, but he drew the line at governor or Supreme Court judge. Bloomfield asked his colleagues to imagine how they would feel if they went to court and found an 18-year-old sitting in judgment on their case. "I know Sen. Larson and his supporters will tell you ‘It’s likely never to happen.’ And I believe he’s correct in that – it’s likely never to happen. But those limitations are there for a reason. Let’s make sure it never happens," Bloomfield said.

Sen. Lydia Brasch of Bancroft alluded to testimony on previous bills about young people’s brains not being fully developed until their mid-twenties, and suggested 18-year olds were too young to serve. "They’re not quite there yet. I believe many may be. But I would strongly suggest that before we put this question out, colleagues, consider this closely. They need more time and more experience," Brasch said.

Larson downplayed the experience argument. "Life experiences come in many different forms. Life experiences can come in many different forms. Life experiences can happen whether you’re in high school or retired. And they can shape you. And they can change the way you think," Larson said.

And Morfeld sought to turn around the argument about brain development. "We can talk about brain development and we can also talk about brain degeneration. There are people that are older that probably shouldn’t be in office either," Morfeld said. "But we let the voters decide."

Sen. Paul Schumacher of Columbus argued that by changing different age requirements for different offices, the proposal violates the requirement that constitutional amendments contain only one subject. "This (proposal) is multiple subjects. The Supreme Court has spoken. And I’m sure they’ll look at whether or not we listened to ‘em when the matter is brought before them for review, if it gets that far," Schumacher said.

Larson promised to work with other senators to make sure the proposal is constitutional before the next round of voting. Senators then voted 27-11 to give the measure first-round approval. It would still need two more favorable rounds of voting, including 30 votes at the final stage, before being sent to voters in November.

Monday afternoon, senators on the Business and Labor Committee heard a bill that would make it easier for women who think they are victims of wage discrimination to bring complaints to the Nebraska Equal Opportunity Commission.

Currently, such complaints cannot be filed against companies that employ fewer than 15 people. Omaha Sen. Health Mello’s bill would do away with that exemption. It would also change the phrasing of the requirement for equal pay for "equal work" to "comparable work."

Mello said women in Nebraska are paid about 78 cents for work comparable to what men get paid a dollar for. Among those supporting his bill was Michelle Zych of the Women’s Fund of Omaha. "If women received pay equal to that of comparable men, the poverty rate of all working women and their families would fall from 8.1 percent to 3.9 percent -- more than half," Zych said. "This would have a significant impact on our state, where more than 78,000 family households are headed by women, and where about 30 percent of those families live in poverty."

Among those opposing the bill was Bob Evnen, representing the Lincoln Independent Business Association and the state Chamber of Commerce. Evnen said the motivation behind the bill was good. "It springs from a good heart. But it is not a very good bill. This bill would be incredibly costly for small businesses in Nebraska," Evnen said.

Evnen said employees of businesses with fewer than 15 employees can already file wage discrimination complaints with the federal equal opportunity commission. He said adding a state option would only increase claims and costs. The committee took no immediate action on the bill.

Editor’s note: In anticipation of heavy snow, Speaker of the Legislature Galen Hadley announced there would be no floor debate or hearings on Tuesday. Hearings that were scheduled will be rescheduled for next Tuesday morning.