LB232 LB232
2021 2021
LEGISLATURE OF NEBRASKA
ONE HUNDRED SEVENTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 232
Introduced by Hunt, 8; Hansen, M., 26.
Read first time January 11, 2021
Committee: Transportation and Telecommunications
1 A BILL FOR AN ACT relating to the Motor Vehicle Operator's License Act;
2 to amend sections 60-490 and 60-491, Reissue Revised Statutes of
3 Nebraska, and sections 60-484, 60-484.02, 60-484.04, 60-484.05,
4 60-486, 60-487, 60-4,114.01, 60-4,117, 60-4,118, 60-4,118.03,
5 60-4,118.05, 60-4,119, 60-4,120, 60-4,120.01, 60-4,120.02, 60-4,121,
6 60-4,122, 60-4,123, 60-4,123.01, 60-4,124, 60-4,125, 60-4,126, and
7 60-4,144, Revised Statutes Cumulative Supplement, 2020; to change
8 provisions relating to the gender designated on drivers' licenses
9 and state identification cards; to change gender-related language as
10 prescribed; to harmonize provisions; and to repeal the original
11 sections.
12 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 60-484, Revised Statutes Cumulative Supplement,
2 2020, is amended to read:
3 60-484 (1) Except as otherwise provided in the Motor Vehicle
4 Operator's License Act, no resident of the State of Nebraska shall
5 operate a motor vehicle upon the alleys or highways of this state until
6 the person has obtained an operator's license for that purpose.
7 (2) Application for an operator's license or a state identification
8 card shall be made in a manner prescribed by the department.
9 (3) The applicant shall provide the applicant's his or her full
10 legal name, date of birth, mailing address, gender, race or ethnicity,
11 and social security number, two forms of proof of address of the
12 applicant's his or her principal residence unless the applicant is a
13 program participant under the Address Confidentiality Act, evidence of
14 identity as required by subsection (6) of this section, and a brief
15 physical description of such applicant himself or herself. Beginning on
16 an implementation date designated by the director, which date shall be on
17 or before January 1, 2022, the applicant's gender shall be indicated as
18 female, male, or not specified and no documentation of gender shall be
19 required. The applicant (a) may also complete the voter registration
20 portion pursuant to section 32-308, (b) shall be provided the advisement
21 language required by subsection (5) of section 60-6,197, (c) shall answer
22 the following:
23 (i) Have you within the last three months (e.g. due to diabetes,
24 epilepsy, mental illness, head injury, stroke, heart condition,
25 neurological disease, etc.):
26 (A) lost voluntary control or consciousness ... yes ... no
27 (B) experienced vertigo or multiple episodes of dizziness or
28 fainting ... yes ... no
29 (C) experienced disorientation ... yes ... no
30 (D) experienced seizures ... yes ... no
31 (E) experienced impairment of memory, memory loss ... yes ... no
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1 Please explain: .................................
2 (ii) Do you experience any condition which affects your ability to
3 operate a motor vehicle? (e.g. due to loss of, or impairment of, foot,
4 leg, hand, arm; neurological or neuromuscular disease, etc.) ... yes ...
5 no
6 Please explain: ...................................
7 (iii) Since the issuance of your last driver's license/permit, has
8 your health or medical condition changed or worsened? ... yes ... no
9 Please explain, including how the above affects your ability to
10 drive: .................., and (d) may answer the following:
11 (i) Do you wish to register to vote as part of this application
12 process?
13 (ii) Do you wish to have a veteran designation displayed on the
14 front of your operator's license or state identification card to show
15 that you served in the armed forces of the United States? (To be eligible
16 you must register with the Nebraska Department of Veterans' Affairs
17 registry.)
18 (iii) Do you wish to include your name in the Donor Registry of
19 Nebraska and donate your organs and tissues at the time of your death?
20 (iv) Do you wish to receive any additional specific information
21 regarding organ and tissue donation and the Donor Registry of Nebraska?
22 (v) Do you wish to donate $1 to promote the Organ and Tissue Donor
23 Awareness and Education Fund?
24 (4) Application for an operator's license or state identification
25 card shall include a signed oath, affirmation, or declaration of the
26 applicant that the information provided on the application for the
27 license or card is true and correct.
28 (5) The social security number shall not be printed on the
29 operator's license or state identification card and shall be used only
30 (a) to furnish information to the United States Selective Service System
31 under section 60-483, (b) with the permission of the director in
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1 connection with the verification of the status of an individual's driving
2 record in this state or any other state, (c) for purposes of child
3 support enforcement pursuant to section 42-358.08 or 43-512.06, (d) to
4 furnish information regarding an applicant for or holder of a commercial
5 driver's license with a hazardous materials endorsement to the
6 Transportation Security Administration of the United States Department of
7 Homeland Security or its agent, (e) to furnish information to the
8 Department of Revenue under section 77-362.02, or (f) to furnish
9 information to the Secretary of State for purposes of the Election Act.
10 (6)(a) Each individual applying for an operator's license or a state
11 identification card shall furnish proof of date of birth and identity
12 with documents containing a photograph or with nonphoto identity
13 documents which include such individual's his or her full legal name and
14 date of birth. Such documents shall be those provided in subsection (1)
15 of section 60-484.04.
16 (b) Any individual under the age of eighteen years applying for an
17 operator's license or a state identification card shall provide a
18 certified copy of such individual's his or her birth certificate or, if
19 such individual is unable to provide a certified copy of such his or her
20 birth certificate, other reliable proof of his or her identity and age,
21 as required in subdivision (6)(a) of this section, accompanied by a
22 certification signed by a parent or guardian explaining the inability to
23 produce a copy of such birth certificate. The applicant also may be
24 required to furnish proof to department personnel that the parent or
25 guardian signing the certification is in fact the parent or guardian of
26 such applicant.
27 (c) An applicant may present other documents as proof of
28 identification and age designated by the director. Any documents accepted
29 shall be recorded according to a written exceptions process established
30 by the director.
31 (7) Any individual applying for an operator's license or a state
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1 identification card who wishes indicated his or her wish to have a
2 veteran designation displayed on the front of such license or card shall
3 comply with section 60-4,189.
4 (8) No individual person shall be a holder of an operator's license
5 and a state identification card at the same time. An individual A person
6 who has a digital image and digital signature on file with the department
7 may apply electronically to change such individual's his or her Class O
8 operator's license to a state identification card.
9 Sec. 2. Section 60-484.02, Revised Statutes Cumulative Supplement,
10 2020, is amended to read:
11 60-484.02 (1) A digital image of each Each applicant for an
12 operator's license or state identification card shall be have his or her
13 digital image captured. Digital images shall be preserved for use as
14 prescribed in sections 60-4,119, 60-4,151, and 60-4,180. The images shall
15 be used for issuing operators' licenses and state identification cards.
16 The images may be retrieved only by the Department of Motor Vehicles for
17 issuing renewal and replacement operators' licenses and state
18 identification cards and may not be otherwise released except in
19 accordance with subsection (3) of this section.
20 (2) Each Upon application for an operator's license or state
21 identification card, each applicant shall include the applicant's provide
22 his or her signature in a form prescribed by the department. Digital
23 signatures shall be preserved for use on original, renewal, and
24 replacement operators' licenses and state identification cards and may
25 not be otherwise released except in accordance with subsection (4) of
26 this section.
27 (3) No officer, employee, agent, or contractor of the department or
28 law enforcement officer shall release a digital image except to a
29 federal, state, or local law enforcement agency, a certified law
30 enforcement officer employed in an investigative position by a federal,
31 state, or local agency, or a driver licensing agency of another state for
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1 the purpose of carrying out the functions of the agency or assisting
2 another agency in carrying out its functions upon the verification of the
3 identity of the person requesting the release of the information and the
4 verification of the purpose of the requester in requesting the release.
5 Any officer, employee, agent, or contractor of the department or law
6 enforcement officer that knowingly discloses or knowingly permits
7 disclosure of a digital image or digital signature in violation of this
8 section shall be guilty of a Class I misdemeanor.
9 (4) No officer, employee, agent, or contractor of the department or
10 law enforcement officer shall release a digital signature except (a) to a
11 federal, state, or local law enforcement agency, a certified law
12 enforcement officer employed in an investigative position by a state or
13 federal agency, or a driver licensing agency of another state for the
14 purpose of carrying out the functions of the agency or assisting another
15 agency in carrying out its functions upon the verification of the
16 identity of the person requesting the release of the information and the
17 verification of the purpose of the requester in requesting the release or
18 (b) to the office of the Secretary of State for the purpose of voter
19 registration as described in section 32-304, 32-308, or 32-309 upon the
20 verification of the identity of the person requesting the release of the
21 information and the verification of the purpose of the requester in
22 requesting the release. No employee or official in the office of the
23 Secretary of State shall release a digital signature except to a federal,
24 state, or local law enforcement agency, a certified law enforcement
25 officer employed in an investigative position by a state or federal
26 agency, or a driver licensing agency of another state for the purpose of
27 carrying out the functions of the agency or assisting another agency in
28 carrying out its functions upon the verification of the identity of the
29 person requesting the release of the information and the verification of
30 the purpose of the requester in requesting the release. Any officer,
31 employee, agent, or contractor of the department, law enforcement
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1 officer, or employee or official in the office of the Secretary of State
2 that knowingly discloses or knowingly permits disclosure of a digital
3 signature in violation of this section shall be guilty of a Class I
4 misdemeanor.
5 Sec. 3. Section 60-484.04, Revised Statutes Cumulative Supplement,
6 2020, is amended to read:
7 60-484.04 (1) The Legislature finds and declares that section 202(c)
8 (2)(B)(i) through (x) of the federal REAL ID Act of 2005, Public Law
9 109-13, enumerated categories of individuals who may demonstrate lawful
10 status for the purpose of eligibility for a federally secure motor
11 vehicle operator's license or state identification card. The Legislature
12 further finds and declares that it was the intent of the Legislature in
13 2011 to adopt the enumerated categories by the passage of Laws 2011,
14 LB215. The Legislature declares that the passage of Laws 2015, LB623, is
15 for the limited purpose of reaffirming the original legislative intent of
16 Laws 2011, LB215. Except as provided in section 60-4,144 with respect to
17 operators of commercial motor vehicles, before being issued any other
18 type of operator's license or a state identification card under the Motor
19 Vehicle Operator's License Act, the department shall require an applicant
20 to present valid documentary evidence that such applicant he or she has
21 lawful status in the United States as enumerated in section 202(c)(2)(B)
22 (i) through (x) of the federal REAL ID Act of 2005, Public Law 109-13.
23 Lawful status may be shown by:
24 (a) A valid, unexpired United States passport;
25 (b) A certified copy of a birth certificate filed with a state
26 office of vital statistics or equivalent agency in the individual's state
27 of birth;
28 (c) A Consular Report of Birth Abroad (CRBA) issued by the United
29 States Department of State, Form FS-240, DS-1350, or FS-545;
30 (d) A valid, unexpired Permanent Resident Card (Form I-551) issued
31 by the United States Department of Homeland Security or United States
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1 Citizenship and Immigration Services;
2 (e) An unexpired employment authorization document (EAD) issued by
3 the United States Department of Homeland Security, Form I-766 or Form
4 I-688B;
5 (f) An unexpired foreign passport with a valid, unexpired United
6 States visa affixed accompanied by the approved I-94 form documenting the
7 applicant's most recent admittance into the United States;
8 (g) A Certificate of Naturalization issued by the United States
9 Department of Homeland Security, Form N-550 or Form N-570;
10 (h) A Certificate of Citizenship, Form N-560 or Form N-561, issued
11 by the United States Department of Homeland Security;
12 (i) A driver's license or identification card issued in compliance
13 with the standards established by the REAL ID Act of 2005, Public Law
14 109-13, division B, section 1, 119 Stat. 302; or
15 (j) Such other documents as the director may approve.
16 (2)(a) If an applicant presents one of the documents listed under
17 subdivision (1)(a), (b), (c), (d), (g), or (h) of this section, the
18 verification of the applicant's identity in the manner prescribed in
19 section 60-484 will also provide satisfactory evidence of lawful status.
20 (b) If the applicant presents one of the identity documents listed
21 under sub