Text of NE LB 232 (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: A BILL FOR AN ACT relating to the Motor Vehicle Operator's License Act; 1 to amend sections 60-490 and 60-491, Reissue Revised Statutes of 2 Nebraska, and sections 60-484, 60-484.02, 60-484.04, 60-484.05, 3 60-486, 60-487, 60-4,114.01, 60-4,117, 60-4,118, 60-4,118.03, 4 60-4,118.05, 60-4,119, 60-4,120, 60-4,120.01, 60-4,120.02, 60-4,121, 5 60-4,122, 60-4,123, 60-4,123.01, 60-4,124, 60-4,125, 60-4,126, and 6 60-4,144, Revised Statutes Cumulative Supplement, 2020; to change 7 provisions relating to the gender designated on drivers' licenses 8 and state identification cards; to change gender-related language as 9 prescribed; to harmonize provisions; and to repeal the original 10 sections. 11 Be it enacted by the people of the State of Nebraska, 12 LB232 2021 LB232 2021 -1- Section 1. Section 60-484, Revised Statutes Cumulative Supplement, 1 2020, is amended to read: 2 60-484 (1) Except as otherwise provided in the Motor Vehicle 3 Operator's License Act, no resident of the State of Nebraska shall 4 operate a motor vehicle upon the alleys or highways of this state until 5 the person has obtained an operator's license for that purpose. 6 (2) Application for an operator's license or a state identification 7 card shall be made in a manner prescribed by the department. 8 (3) The applicant shall provide the applicant's his or her full 9 legal name, date of birth, mailing address, gender, race or ethnicity, 10 and social security number, two forms of proof of address of the 11 applicant's his or her principal residence unless the applicant is a 12 program participant under the Address Confidentiality Act, evidence of 13 identity as required by subsection (6) of this section, and a brief 14 physical description of such applicant himself or herself. Beginning on 15 an implementation date designated by the director, which date shall be on 16 or before January 1, 2022, the applicant's gender shall be indicated as 17 female, male, or not specified and no documentation of gender shall be 18 required. The applicant (a) may also complete the voter registration 19 portion pursuant to section 32-308, (b) shall be provided the advisement 20 language required by subsection (5) of section 60-6,197, (c) shall answer 21 the following: 22 (i) Have you within the last three months (e.g. due to diabetes, 23 epilepsy, mental illness, head injury, stroke, heart condition, 24 neurological disease, etc.): 25 (A) lost voluntary control or consciousness ... yes ... no 26 (B) experienced vertigo or multiple episodes of dizziness or 27 fainting ... yes ... no 28 (C) experienced disorientation ... yes ... no 29 (D) experienced seizures ... yes ... no 30 (E) experienced impairment of memory, memory loss ... yes ... no 31 LB232 2021 LB232 2021 -2- Please explain: ................................. 1 (ii) Do you experience any condition which affects your ability to 2 operate a motor vehicle? (e.g. due to loss of, or impairment of, foot, 3 leg, hand, arm; neurological or neuromuscular disease, etc.) ... yes ... 4 no 5 Please explain: ................................... 6 (iii) Since the issuance of your last driver's license/permit, has 7 your health or medical condition changed or worsened? ... yes ... no 8 Please explain, including how the above affects your ability to 9 drive: .................., and (d) may answer the following: 10 (i) Do you wish to register to vote as part of this application 11 process? 12 (ii) Do you wish to have a veteran designation displayed on the 13 front of your operator's license or state identification card to show 14 that you served in the armed forces of the United States? (To be eligible 15 you must register with the Nebraska Department of Veterans' Affairs 16 registry.) 17 (iii) Do you wish to include your name in the Donor Registry of 18 Nebraska and donate your organs and tissues at the time of your death? 19 (iv) Do you wish to receive any additional specific information 20 regarding organ and tissue donation and the Donor Registry of Nebraska? 21 (v) Do you wish to donate $1 to promote the Organ and Tissue Donor 22 Awareness and Education Fund? 23 (4) Application for an operator's license or state identification 24 card shall include a signed oath, affirmation, or declaration of the 25 applicant that the information provided on the application for the 26 license or card is true and correct. 27 (5) The social security number shall not be printed on the 28 operator's license or state identification card and shall be used only 29 (a) to furnish information to the United States Selective Service System 30 under section 60-483, (b) with the permission of the director in 31 LB232 2021 LB232 2021 -3- connection with the verification of the status of an individual's driving 1 record in this state or any other state, (c) for purposes of child 2 support enforcement pursuant to section 42-358.08 or 43-512.06, (d) to 3 furnish information regarding an applicant for or holder of a commercial 4 driver's license with a hazardous materials endorsement to the 5 Transportation Security Administration of the United States Department of 6 Homeland Security or its agent, (e) to furnish information to the 7 Department of Revenue under section 77-362.02, or (f) to furnish 8 information to the Secretary of State for purposes of the Election Act. 9 (6)(a) Each individual applying for an operator's license or a state 10 identification card shall furnish proof of date of birth and identity 11 with documents containing a photograph or with nonphoto identity 12 documents which include such individual's his or her full legal name and 13 date of birth. Such documents shall be those provided in subsection (1) 14 of section 60-484.04. 15 (b) Any individual under the age of eighteen years applying for an 16 operator's license or a state identification card shall provide a 17 certified copy of such individual's his or her birth certificate or, if 18 such individual is unable to provide a certified copy of such his or her 19 birth certificate, other reliable proof of his or her identity and age, 20 as required in subdivision (6)(a) of this section, accompanied by a 21 certification signed by a parent or guardian explaining the inability to 22 produce a copy of such birth certificate. The applicant also may be 23 required to furnish proof to department personnel that the parent or 24 guardian signing the certification is in fact the parent or guardian of 25 such applicant. 26 (c) An applicant may present other documents as proof of 27 identification and age designated by the director. Any documents accepted 28 shall be recorded according to a written exceptions process established 29 by the director. 30 (7) Any individual applying for an operator's license or a state 31 LB232 2021 LB232 2021 -4- identification card who wishes indicated his or her wish to have a 1 veteran designation displayed on the front of such license or card shall 2 comply with section 60-4,189. 3 (8) No individual person shall be a holder of an operator's license 4 and a state identification card at the same time. An individual A person 5 who has a digital image and digital signature on file with the department 6 may apply electronically to change such individual's his or her Class O 7 operator's license to a state identification card. 8 Sec. 2. Section 60-484.02, Revised Statutes Cumulative Supplement, 9 2020, is amended to read: 10 60-484.02 (1) A digital image of each Each applicant for an 11 operator's license or state identification card shall be have his or her 12 digital image captured. Digital images shall be preserved for use as 13 prescribed in sections 60-4,119, 60-4,151, and 60-4,180. The images shall 14 be used for issuing operators' licenses and state identification cards. 15 The images may be retrieved only by the Department of Motor Vehicles for 16 issuing renewal and replacement operators' licenses and state 17 identification cards and may not be otherwise released except in 18 accordance with subsection (3) of this section. 19 (2) Each Upon application for an operator's license or state 20 identification card, each applicant shall include the applicant's provide 21 his or her signature in a form prescribed by the department. Digital 22 signatures shall be preserved for use on original, renewal, and 23 replacement operators' licenses and state identification cards and may 24 not be otherwise released except in accordance with subsection (4) of 25 this section. 26 (3) No officer, employee, agent, or contractor of the department or 27 law enforcement officer shall release a digital image except to a 28 federal, state, or local law enforcement agency, a certified law 29 enforcement officer employed in an investigative position by a federal, 30 state, or local agency, or a driver licensing agency of another state for 31 LB232 2021 LB232 2021 -5- the purpose of carrying out the functions of the agency or assisting 1 another agency in carrying out its functions upon the verification of the 2 identity of the person requesting the release of the information and the 3 verification of the purpose of the requester in requesting the release. 4 Any officer, employee, agent, or contractor of the department or law 5 enforcement officer that knowingly discloses or knowingly permits 6 disclosure of a digital image or digital signature in violation of this 7 section shall be guilty of a Class I misdemeanor. 8 (4) No officer, employee, agent, or contractor of the department or 9 law enforcement officer shall release a digital signature except (a) to a 10 federal, state, or local law enforcement agency, a certified law 11 enforcement officer employed in an investigative position by a state or 12 federal agency, or a driver licensing agency of another state for the 13 purpose of carrying out the functions of the agency or assisting another 14 agency in carrying out its functions upon the verification of the 15 identity of the person requesting the release of the information and the 16 verification of the purpose of the requester in requesting the release or 17 (b) to the office of the Secretary of State for the purpose of voter 18 registration as described in section 32-304, 32-308, or 32-309 upon the 19 verification of the identity of the person requesting the release of the 20 information and the verification of the purpose of the requester in 21 requesting the release. No employee or official in the office of the 22 Secretary of State shall release a digital signature except to a federal, 23 state, or local law enforcement agency, a certified law enforcement 24 officer employed in an investigative position by a state or federal 25 agency, or a driver licensing agency of another state for the purpose of 26 carrying out the functions of the agency or assisting another agency in 27 carrying out its functions upon the verification of the identity of the 28 person requesting the release of the information and the verification of 29 the purpose of the requester in requesting the release. Any officer, 30 employee, agent, or contractor of the department, law enforcement 31 LB232 2021 LB232 2021 -6- officer, or employee or official in the office of the Secretary of State 1 that knowingly discloses or knowingly permits disclosure of a digital 2 signature in violation of this section shall be guilty of a Class I 3 misdemeanor. 4 Sec. 3. Section 60-484.04, Revised Statutes Cumulative Supplement, 5 2020, is amended to read: 6 60-484.04 (1) The Legislature finds and declares that section 202(c) 7 (2)(B)(i) through (x) of the federal REAL ID Act of 2005, Public Law 8 109-13, enumerated categories of individuals who may demonstrate lawful 9 status for the purpose of eligibility for a federally secure motor 10 vehicle operator's license or state identification card. The Legislature 11 further finds and declares that it was the intent of the Legislature in 12 2011 to adopt the enumerated categories by the passage of Laws 2011, 13 LB215. The Legislature declares that the passage of Laws 2015, LB623, is 14 for the limited purpose of reaffirming the original legislative intent of 15 Laws 2011, LB215. Except as provided in section 60-4,144 with respect to 16 operators of commercial motor vehicles, before being issued any other 17 type of operator's license or a state identification card under the Motor 18 Vehicle Operator's License Act, the department shall require an applicant 19 to present valid documentary evidence that such applicant he or she has 20 lawful status in the United States as enumerated in section 202(c)(2)(B) 21 (i) through (x) of the federal REAL ID Act of 2005, Public Law 109-13. 22 Lawful status may be shown by: 23 (a) A valid, unexpired United States passport; 24 (b) A certified copy of a birth certificate filed with a state 25 office of vital statistics or equivalent agency in the individual's state 26 of birth; 27 (c) A Consular Report of Birth Abroad (CRBA) issued by the United 28 States Department of State, Form FS-240, DS-1350, or FS-545; 29 (d) A valid, unexpired Permanent Resident Card (Form I-551) issued 30 by the United States Department of Homeland Security or United States 31 LB232 2021 LB232 2021 -7- Citizenship and Immigration Services; 1 (e) An unexpired employment authorization document (EAD) issued by 2 the United States Department of Homeland Security, Form I-766 or Form 3 I-688B; 4 (f) An unexpired foreign passport with a valid, unexpired United 5 States visa affixed accompanied by the approved I-94 form documenting the 6 applicant's most recent admittance into the United States; 7 (g) A Certificate of Naturalization issued by the United States 8 Department of Homeland Security, Form N-550 or Form N-570; 9 (h) A Certificate of Citizenship, Form N-560 or Form N-561, issued 10 by the United States Department of Homeland Security; 11 (i) A driver's license or identification card issued in compliance 12 with the standards established by the REAL ID Act of 2005, Public Law 13 109-13, division B, section 1, 119 Stat. 302; or 14 (j) Such other documents as the director may approve. 15 (2)(a) If an applicant presents one of the documents listed under 16 subdivision (1)(a), (b), (c), (d), (g), or (h) of this section, the 17 verification of the applicant's identity in the manner prescribed in 18 section 60-484 will also provide satisfactory evidence of lawful status. 19 (b) If the applicant presents one of the identity documents listed 20 under subdivision (1)(e), (f), or (i) of this section, the verification 21 of the identity documents does not provide satisfactory evidence of 22 lawful status. The applicant must also present a second document from 23 subsection (1) of this section or documentation issued by the United 24 States Department of Homeland Security, the United States Citizenship and 25 Immigration Services, or other federal agencies, such as one of the types 26 of Form I-797 used by the United States Citizenship and Immigration 27 Services, demonstrating that the applicant has lawful status as 28 enumerated in section 202(c)(2)(B)(i) through (x) of the federal REAL ID 29 Act of 2005, Public Law 109-13. 30 (3) An applicant may present other documents as designated by the 31 LB232 2021 LB232 2021 -8- director as proof of lawful status as enumerated in section 202(c)(2)(B) 1 (i) through (x) of the federal REAL ID Act of 2005, Public Law 109-13. 2 Any documents accepted shall be recorded according to a written 3 exceptions process established by the director. 4 Sec. 4. Section 60-484.05, Revised Statutes Cumulative Supplement, 5 2020, is amended to read: 6 60-484.05 (1) The department shall only issue an operator's license 7 or a state identification card that is temporary to any applicant who 8 presents documentation under sections 60-484 and 60-484.04 that shows 9 such applicant's his or her authorized stay in the United States is 10 temporary. An operator's license or a state identification card that is 11 temporary shall be valid only during the period of time of the 12 applicant's authorized stay in the United States or, if there is no 13 definite end to the period of authorized stay, a period of one year. 14 (2) An operator's license or state identification card that is 15 temporary shall clearly indicate that it is temporary with a special 16 notation on the front of the license or card and shall state the date on 17 which it expires. 18 (3) An operator's license or state identification card that is 19 temporary may be renewed only upon presentation of valid documentary 20 evidence that the status by which the applicant qualified for the 21 operator's license or state identification card that is temporary has 22 been extended by the United States Department of Homeland Security. 23 (4) If an individual has an operator's license or a state 24 identification card issued based on approved lawful status granted under 25 section 202(c)(2)(B)(i) through (x) of the federal REAL ID Act of 2005, 26 Public Law 109-13, and the basis for the approved lawful status is 27 terminated, the individual shall return the operator's license or state 28 identification card to the Department of Motor Vehicles. 29 Sec. 5. Section 60-486, Revised Statutes Cumulative Supplement, 30 2020, is amended to read: 31 LB232 2021 LB232 2021 -9- 60-486 (1) No person shall be licensed to operate a motor vehicle by 1 the State of Nebraska if such person has an operator's license currently 2 under suspension or revocation in this state or any other state or 3 jurisdiction in the United States. 4 (2) If a license is issued to a person while such person's his or 5 her operator's license was suspended or revoked in this state or any 6 other state or jurisdiction, the Department of Motor Vehicles may cancel 7 the license upon forty-five days' written notice by regular United States 8 mail to the licensee's last-known address. The cancellation may be 9 appealed as provided in section 60-4,105. 10 (3) When such a person presents to the department an official notice 11 from the state or jurisdiction that suspended or revoked the his or her 12 motor vehicle operator's license that such suspension or revocation has 13 been terminated, such person he or she may then be licensed to operate a 14 motor vehicle by the State of Nebraska. 15 Sec. 6. Section 60-487, Revised Statutes Cumulative Supplement, 16 2020, is amended to read: 17 60-487 (1) If any magistrate or judge finds in a his or her judgment 18 of conviction that the application or issuance certificate pursuant to 19 which the director has issued an operator's license under the Motor 20 Vehicle Operator's License Act contains any false or fraudulent statement 21 deliberately and knowingly made to any officer as to any matter material 22 to the issuance of such license or does not contain required or correct 23 information or that the person to whom the license was issued was not 24 eligible to receive such license, then the license shall be absolutely 25 void from the date of issue and such motor vehicle operator shall be 26 deemed to be not licensed to operate a motor vehicle. Such license shall 27 be at once canceled of record in the director's his or her office by the 28 director upon receipt of a copy of such judgment of conviction. The 29 director may, upon the director's his or her own motion, summarily cancel 30 any license for any of the reasons set forth in this section if such 31 LB232 2021 LB232 2021 -10- reason or reasons affirmatively appear on the director's his or her 1 official records. 2 (2) If the director determines, in a check of an applicant's license 3 status and record prior to issuing a CLP-commercial learner's permit or 4 commercial driver's license, or at any time after the CLP-commercial 5 learner's permit or commercial driver's license is issued, that the 6 applicant falsified information contained in the application or in the 7 medical examiner's certificate, the director may summarily cancel the 8 person's CLP-commercial learner's permit or commercial driver's license 9 or such person's his or her pending application as provided in subsection 10 (1) of this section and disqualify the person from operating a commercial 11 motor vehicle for sixty days. 12 Sec. 7. Section 60-490, Reissue Revised Statutes of Nebraska, is 13 amended to read: 14 60-490 (1) Operators' licenses issued to persons required to use 15 bioptic or telescopic lenses as provided in section 60-4,118 shall expire 16 annually on the licensee's birthday for all such licenses issued prior to 17 January 1, 2007, and on the licensee's birthday in the second year after 18 issuance, unless specifically restricted to a shorter renewal period as 19 determined under section 60-4,118, for all such licenses issued on or 20 after January 1, 2007. 21 (2) Except for state identification cards issued to persons less 22 than twenty-one years of age, all state identification cards expire on 23 the cardholder's birthday in the fifth year after issuance. A state 24 identification card issued to a person who is less than twenty-one years 25 of age expires on such person's his or her twenty-first birthday or on 26 such person's his or her birthday in the fifth year after issuance, 27 whichever comes first. 28 (3) Except as otherwise provided in subsection (1) of this section 29 and section 60-4,147.05 and except for operators' licenses issued to 30 persons less than twenty-one years of age, operators' licenses issued 31 LB232 2021 LB232 2021 -11- pursuant to the Motor Vehicle Operator's License Act expire on the 1 licensee's birthday in the fifth year after issuance. An operator's 2 license issued to a person less than twenty-one years of age expires on 3 such person's his or her twenty-first birthday. Except as otherwise 4 provided in section 60-4,147.05, the Department of Motor Vehicles shall 5 mail out a renewal notice for each operator's license at least thirty 6 days before the expiration of the operator's license. 7 (4)(a) The expiration date shall be stated on each operator's 8 license or state identification card. 9 (b) Except as otherwise provided in section 60-4,147.05, licenses 10 and state identification cards issued to persons who are twenty-one years 11 of age or older which expire under this section may be renewed within a 12 ninety-day period before the expiration date. Any person who is twenty- 13 one years of age or older and who is the holder of a valid operator's 14 license or state identification card may renew the his or her license or 15 card prior to the ninety-day period before the expiration date on such 16 license or card if such person applicant furnishes proof that such person 17 he or she will be absent from the state during the ninety-day period 18 prior to such expiration date. 19 (c) A person who is twenty years of age may apply for an operator's 20 license or a state identification card within sixty days prior to such 21 person's his or her twenty-first birthday. The operator's license or 22 state identification card may be issued within ten days prior to such 23 birthday. 24 (d) A person who is under twenty years of age and who holds a state 25 identification card may apply for renewal within a ninety-day period 26 prior to the expiration date. 27 Sec. 8. Section 60-491, Reissue Revised Statutes of Nebraska, is 28 amended to read: 29 60-491 It shall be unlawful for any person: 30 (1) To display or cause or permit to be displayed or have in such 31 LB232 2021 LB232 2021 -12- person's his or her possession any canceled, revoked, suspended, 1 impounded, fictitious, or fraudulently altered operator's license or 2 state identification card issued by the State of Nebraska or any other 3 state; 4 (2) To lend such person's his or her operator's license or state 5 identification card to any other person or knowingly permit the use 6 thereof by another; 7 (3) To display or represent as one's own any operator's license or 8 state identification card not issued to such person him or her by the 9 State of Nebraska or any other state; 10 (4) To fail or refuse to surrender to the director upon the 11 director's his or her lawful demand any operator's license or state 12 identification card which has been suspended, revoked, or canceled; 13 (5) To use a false or fictitious name in applying for an operator's 14 license or state identification card or knowingly to make a false 15 statement or knowingly to conceal a material fact or otherwise commit a 16 fraud in applying for an operator's license or state identification card; 17 (6) To permit any unlawful use of an operator's license or state 18 identification card issued to such person him or her by the State of 19 Nebraska or any other state; 20 (7) To do any act forbidden or fail to perform any act required by 21 the Motor Vehicle Operator's License Act; 22 (8) To make any false affidavit or knowingly to swear or affirm 23 falsely to any matter or thing required by the terms of the act to be 24 sworn to or affirmed. Such person shall be guilty of perjury and, upon 25 conviction thereof, shall be punished as other persons committing perjury 26 are punishable; 27 (9) To cause or knowingly permit such person's his or her child or 28 ward under the age of sixteen years to drive a motor vehicle upon any 29 highway when such minor is not authorized under the act or is in 30 violation of any of the provisions of the act; 31 LB232 2021 LB232 2021 -13- (10) To authorize or knowingly permit a motor vehicle owned by such 1 person him or her or under such person's his or her control to be driven 2 upon any highway by any person who is not authorized under the act or is 3 in violation of any of the provisions of the act; or 4 (11) To manufacture any fraudulent state identification card whether 5 of the State of Nebraska or any other state. 6 Sec. 9. Section 60-4,114.01, Revised Statutes Cumulative Supplement, 7 2020, is amended to read: 8 60-4,114.01 An applicant for a Class O or Class M license that fails 9 three successive tests of the his or her ability to drive and maneuver a 10 motor vehicle safely as provided in subdivision (3)(b) of section 11 60-4,114 may be issued an LPD-learner's permit. The applicant shall not 12 be eligible to reapply for the Class O or Class M license and retake such 13 test until such applicant he or she presents proof of successful 14 completion of a department-approved driver training school or until such 15 applicant he or she has held an LPD-learner's permit for at least ninety 16 days. 17 Sec. 10. Section 60-4,117, Revised Statutes Cumulative Supplement, 18 2020, is amended to read: 19 60-4,117 (1) An applicant shall present an issuance certificate to 20 the county treasurer for an operator's license or state identification 21 card. Department personnel or the county treasurer shall collect the 22 applicable fee and surcharge as prescribed in section 60-4,115 and issue 23 a receipt which is valid for up to thirty days. If there is cause for an 24 operator's license to be issued, the receipt shall also authorize driving 25 privileges for such thirty-day period. The license or card shall be 26 delivered as provided in section 60-4,113. 27 (2) The operator's license and state identification card shall be in 28 a form prescribed by the department. The license and card may include 29 security features prescribed by the department. The license and card 30 shall be conspicuously marked Nebraska Operator's License or Nebraska 31 LB232 2021 LB232 2021 -14- Identification Card, shall be, to the maximum extent practicable, tamper 1 and forgery proof, and shall include the following information: 2 (a) The full legal name and principal residence address of the 3 holder; 4 (b) The holder's full facial digital image; 5 (c) A physical description of the holder, including gender, height, 6 weight, and eye and hair colors; 7 (d) The holder's gender. Beginning on an implementation date 8 designated by the director, which date shall be on or before January 1, 9 2022, the holder's gender shall be indicated on the license or card as 10 "F" for female, "M" for male, or "X" for not specified; 11 (e) (d) The holder's date of birth; 12 (f) (e) The holder's signature; 13 (g) (f) The class of motor vehicle which the holder is authorized to 14 operate and any applicable endorsements or restrictions; 15 (h) (g) The issuance and expiration date of the license or card; 16 (i) (h) The organ and tissue donation information specified in 17 section 60-494; 18 (j) (i) A veteran designation as provided in section 60-4,189; and 19 (k) (j) Such other marks and information as the director may 20 determine. 21 (3) Each operator's license and state identification card shall 22 contain the following encoded, machine-readable information: The holder's 23 full legal name; date of birth; gender; race or ethnicity; document issue 24 date; document expiration date; principal residence address; unique 25 identification number; revision date; inventory control number; and state 26 of issuance. 27 Sec. 11. Section 60-4,118, Revised Statutes Cumulative Supplement, 28 2020, is amended to read: 29 60-4,118 (1)(a) No operator's license shall be granted to any 30 applicant until such applicant satisfies the examiner that such applicant 31 LB232 2021 LB232 2021 -15- he or she possesses sufficient powers of eyesight to enable such 1 applicant him or her to obtain a Class O license and to operate a motor 2 vehicle on the highways of this state with a reasonable degree of safety, 3 including: 4 (i) A minimum acuity level of vision. Such level may be obtained 5 through the use of standard eyeglasses, contact lenses, or bioptic or 6 telescopic lenses which are specially constructed vision correction 7 devices which include a lens system attached to or used in conjunction 8 with a carrier lens; and 9 (ii) A minimum field of vision. Such field of vision may be obtained 10 through standard eyeglasses, contact lenses, or the carrier lens of the 11 bioptic or telescopic lenses. 12 (b) The department may adopt and promulgate rules and regulations 13 specifying such requirements. 14 (2) If a vision aid is used by the applicant to meet the vision 15 requirements of this section, the operator's license of the applicant 16 shall be restricted to the use of such vision aid when operating the 17 motor vehicle. If the applicant fails to meet the vision requirements, 18 the examiner shall require the applicant to present an optometrist's or 19 ophthalmologist's statement certifying the vision reading obtained when 20 testing the applicant within ninety days of the applicant's license 21 examination. If the vision reading meets the vision requirements 22 prescribed by the department, the vision requirements of this section 23 shall have been met. If the vision reading demonstrates that the 24 applicant is required to use bioptic or telescopic lenses to operate a 25 motor vehicle, the statement from the optometrist or ophthalmologist 26 shall also indicate when the applicant needs to be reexamined for 27 purposes of meeting the vision requirements for an operator's license as 28 prescribed by the department. If such time period is two years or more 29 after the date of the application, the license shall be valid for two 30 years. If such time period is less than two years, the license shall be 31 LB232 2021 LB232 2021 -16- valid for such time period. 1 (3) If the applicant for an operator's license discloses that he or 2 she has any other physical impairment which may affect the safety of 3 operation by such applicant of a motor vehicle, the examiner shall 4 require the applicant to show cause why such license should be granted 5 and, through such personal examination and demonstration as may be 6 prescribed by the director, to show the necessary ability to safely 7 operate a motor vehicle on the highways. If the examiner is then 8 satisfied that such applicant has the ability to safely operate a motor 9 vehicle, an operator's license may be issued to the applicant subject, at 10 the discretion of the director, to a limitation to operate only such 11 motor vehicles at such time, for such purpose, and within such area as 12 the license shall designate. 13 (4)(a) The director may, when requested by a law enforcement 14 officer, when the director has reason to believe that a person may be 15 physically or mentally incompetent to operate a motor vehicle, or when a 16 person's driving record appears to the department to justify an 17 examination, give notice to the person to appear before an examiner or a 18 designee of the director for examination concerning the person's ability 19 to operate a motor vehicle safely. Any such request by a law enforcement 20 officer shall be accompanied by written justification for such request 21 and shall be approved by a supervisory law enforcement officer, police 22 chief, or county sheriff. 23 (b) A refusal to appear before an examiner or a designee of the 24 director for an examination after notice to do so shall be unlawful and 25 shall result in the immediate cancellation of the person's operator's 26 license by the director. 27 (c) If the person cannot qualify at the examination by an examiner, 28 such person's his or her operator's license shall be immediately 29 surrendered to the examiner and forwarded to the director who shall 30 cancel the person's operator's license. 31 LB232 2021 LB232 2021 -17- (d) If the director determines that the person lacks the physical or 1 mental ability to operate a motor vehicle, the director shall notify the 2 person in writing of the decision. Upon receipt of the notice, the person 3 shall immediately surrender the person's his or her operator's license to 4 the director who shall cancel the person's operator's license. 5 (e) Refusal to surrender an operator's license on demand shall be 6 unlawful, and any person failing to surrender an his or her operator's 7 license as required by this subsection shall be guilty of a Class III 8 misdemeanor. 9 Sec. 12. Section 60-4,118.03, Revised Statutes Cumulative 10 Supplement, 2020, is amended to read: 11 60-4,118.03 Whenever the director reviews the denial or cancellation 12 of an operator's license because of mental, medical, or vision problems 13 that may affect the person's ability to safely operate a motor vehicle as 14 provided in sections 60-4,114 and 60-4,118, the director may consider 15 records and reports from a qualified physician. The applicant or licensee 16 may cause a written report to be forwarded to the director by a physician 17 chosen by the applicant or licensee of his or her choice pursuant to an 18 immediate appeal to the director under section 60-4,114. The director 19 shall grant reasonable time for the applicant or licensee to submit such 20 records. The director shall give due consideration to any such report. 21 Reports received by the director for the purpose of assisting the 22 director in determining whether a person is qualified to be licensed 23 shall be for the confidential use of the director and any designees of 24 the director and may not be divulged to any person other than the 25 applicant or licensee or used in evidence in any legal proceeding, except 26 that a report may be admitted in an appeal of an order of the director 27 based on the report. Any person aggrieved by a decision of the director 28 made pursuant to this section may appeal the decision as provided in 29 section 60-4,105. 30 No person examining any applicant or licensee shall be liable in 31 LB232 2021 LB232 2021 -18- tort or otherwise for any opinion, recommendation, or report presented to 1 the director if such action was taken in good faith and without malice. 2 Sec. 13. Section 60-4,118.05, Revised Statutes Cumulative 3 Supplement, 2020, is amended to read: 4 60-4,118.05 (1) No operator's license referred to in section 5 60-4,118 shall, under any circumstances, be issued to any person who has 6 not attained the age of seventeen years. 7 (2) No operator's license shall be issued to a person under eighteen 8 years of age applying for an operator's license under section 60-4,118 9 unless such person: 10 (a) Has possessed a valid provisional operator's permit for at least 11 a twelve-month period beginning on the date of issuance of such person's 12 provisional operator's permit; and 13 (b) Has not accumulated three or more points pursuant to section 14 60-4,182 during the twelve-month period immediately preceding the date of 15 the application for the operator's license. 16 (3) The department may waive the written examination and the driving 17 test required under section 60-4,118 for any person seventeen to twenty- 18 one years of age applying for an his or her initial operator's license if 19 such person he or she has been issued a provisional operator's permit. 20 The department shall not waive the written examination and the driving 21 test required under this section if the person is applying for a CLP- 22 commercial learner's permit or commercial driver's license or if the 23 operator's license being applied for contains a class or endorsement 24 which is different from the class or endorsement of the provisional 25 operator's permit. 26 Sec. 14. Section 60-4,119, Revised Statutes Cumulative Supplement, 27 2020, is amended to read: 28 60-4,119 (1) All state identification cards and operators' licenses, 29 except farm permits, shall include a digital image and a digital 30 signature of the cardholder or licensee as provided in section 60-484.02. 31 LB232 2021 LB232 2021 -19- Receipts for state identification cards and operators' licenses shall be 1 issued by the county treasurer or the Department of Motor Vehicles. The 2 director shall negotiate and enter into a contract to provide the 3 necessary equipment, supplies, and forms for the issuance of the licenses 4 and cards. All costs incurred by the Department of Motor Vehicles under 5 this section shall be paid by the state out of appropriations made to the 6 department. All costs of capturing the digital images and digital 7 signatures shall be paid by the issuer from the fees provided to the 8 issuer pursuant to section 60-4,115. 9 (2) A person who is out of the state at the time of renewal of such 10 person's his or her operator's license may apply for a license upon 11 payment of a fee as provided in section 60-4,115. The license may be 12 issued at any time within one year after the expiration of the original 13 license. Such application shall be made to the department, and the 14 department shall issue the license. 15 (3) Any operator's license and any state identification card issued 16 to a minor as defined in section 53-103.23, as such definition may be 17 amended from time to time by the Legislature, shall be of a distinct 18 designation, of a type prescribed by the director, from the operator's 19 license or state identification card of a person who is not a minor. 20 Sec. 15. Section 60-4,120, Revised Statutes Cumulative Supplement, 21 2020, is amended to read: 22 60-4,120 (1) If any Any person duly licensed or holding a valid 23 state identification card issued under the Motor Vehicle Operator's 24 License Act who loses such person's his or her operator's license or 25 card, such person may make application to the department for a 26 replacement license or card. 27 (2) If any person's person changes his or her name changes because 28 of marriage or divorce or by court order or a common-law name change, 29 such person he or she shall apply to the department for a replacement 30 operator's license or state identification card and furnish proof of 31 LB232 2021 LB232 2021 -20- identification in accordance with section 60-484. If any person's person 1 changes his or her address changes, the person shall apply to the 2 department for a replacement operator's license or state identification 3 card and furnish satisfactory evidence of such change. The application 4 shall be made within sixty days after the change of name or address. 5 (3) In the event a mutilated or unreadable operator's license is 6 held by any person duly licensed under the act or a mutilated or 7 unreadable state identification card which was issued under the act is 8 held by a person, such person may obtain a replacement license or card. 9 Upon report of the mutilated or unreadable license or card and 10 application for a replacement license or card, a replacement license or 11 card may be issued if the department is satisfied that the original 12 license or card is mutilated or unreadable. 13 (4) If any person duly licensed under the act loses such person's 14 his or her operator's license or if any holder of a state identification 15 card loses such holder's his or her card while temporarily out of the 16 state, such person or holder he or she may make application to the 17 department for a replacement operator's license or card by applying to 18 the department and reporting such loss. Upon receipt of a correctly 19 completed application, the department shall cause to be issued a 20 replacement operator's license or card. 21 (5) Any person who holds a valid operator's license or state 22 identification card without a digital image shall surrender such license 23 or card to the department within thirty days after resuming residency in 24 this state. After the thirty-day period, such license or card shall be 25 considered invalid and no license or card shall be issued until the 26 individual has made application for replacement or renewal. 27 (6) Application for a replacement operator's license or state 28 identification card shall include the information required under sections 29 60-484 and 60-484.04. 30 (7) An applicant may obtain a replacement operator's license or 31 LB232 2021 LB232 2021 -21- state identification card pursuant to subsection (1) or (3) of this 1 section by electronic means in a manner prescribed by the department. No 2 replacement license or card shall be issued unless the applicant has a 3 digital image and digital signature preserved in the digital system. 4 (8) Each replacement operator's license or state identification card 5 shall be issued with the same expiration date as the license or card for 6 which the replacement is issued. The replacement license or card shall 7 also state the new issuance date. Upon issuance of any replacement 8 license or card, the license or card for which the replacement is issued 9 shall be void. 10 (9) A replacement operator's license or state identification card 11 issued under this section shall be delivered to the applicant as provided 12 in section 60-4,113 after the county treasurer or department collects the 13 fee and surcharge prescribed in section 60-4,115 and issues the applicant 14 a receipt with driving privileges which is valid for up to thirty days. 15 Sec. 16. Section 60-4,120.01, Revised Statutes Cumulative 16 Supplement, 2020, is amended to read: 17 60-4,120.01 (1)(a) Any person who is at least sixteen years of age 18 but less than eighteen years of age may be issued a provisional 19 operator's permit by the Department of Motor Vehicles. The provisional 20 operator's permit shall expire on the applicant's eighteenth birthday. 21 (b) No provisional operator's permit shall be issued to any person 22 unless such person: 23 (i) Has possessed a valid LPD-learner's permit, LPE-learner's 24 permit, or SCP-school permit for at least a six-month period beginning on 25 the date of issuance of such person's LPD-learner's permit, LPE-learner's 26 permit, or SCP-school permit; and 27 (ii) Has not accumulated three or more points pursuant to section 28 60-4,182 during the six-month period immediately preceding the date of 29 the application for the provisional operator's permit. 30 (c) The requirements for the provisional operator's permit 31 LB232 2021 LB232 2021 -22- prescribed in subdivisions (2)(a) and (b) of this section may be 1 completed prior to the applicant's sixteenth birthday. A person may apply 2 for a provisional operator's permit and take the driving test and the 3 written examination, if required, at any time within sixty days prior to 4 such person's his or her sixteenth birthday upon proof of age in the 5 manner provided in section 60-484. 6 (2) In order to obtain a provisional operator's permit, the 7 applicant shall present (a)(i) proof of successful completion of a 8 department-approved driver safety course which includes behind-the-wheel 9 driving specifically emphasizing (A) the effects of the consumption of 10 alcohol on a person operating a motor vehicle, (B) occupant protection 11 systems, (C) risk assessment, and (D) railroad crossing safety and (ii) 12 proof of successful completion of a written examination and driving test 13 administered by a driver safety course instructor or (b) a certificate in 14 a form prescribed by the department, signed by a parent, guardian, or 15 licensed driver at least twenty-one years of age, verifying that the 16 applicant has completed fifty hours of lawful motor vehicle operation 17 including at least ten hours of motor vehicle operation between sunset 18 and sunrise, under conditions that reflect department-approved driver 19 safety course curriculum, with a parent, guardian, or adult at least 20 twenty-one years of age, who has a current Nebraska operator's license or 21 who is licensed in another state. If the applicant presents such a 22 certificate, the applicant shall be required to successfully complete a 23 driving test administered by the department. The written examination 24 shall be waived if the applicant has been issued a Nebraska LPD-learner's 25 permit or has been issued a Nebraska LPE-learner's permit and such permit 26 is valid or has been expired for no more than one year. However, the 27 department shall not waive the written examination if the provisional 28 operator's permit being applied for contains a class or endorsement which 29 is different from the class or endorsement of the LPD-learner's or LPE- 30 learner's permit. Upon presentation by the applicant of a form prescribed 31 LB232 2021 LB232 2021 -23- by the department showing successful completion of the driver safety 1 course, the written examination and driving test may be waived. Upon 2 presentation of the certificate, the written examination but not the 3 driving test may be waived. Licensing staff shall waive the written 4 examination and the driving test if the applicant has been issued a 5 school permit and such permit is valid or has expired no more than one 6 year prior to application. The written examination shall not be waived if 7 the provisional operator's permit being applied for contains a class or 8 endorsement which is different from the class or endorsement of the 9 school permit. 10 (3)(a) The holder of a provisional operator's permit shall only 11 operate a motor vehicle on the highways of this state during the period 12 beginning at 6 a.m. and ending at 12 midnight except when the holder he 13 or she is en route to or from such holder's his or her residence to such 14 holder's his or her place of employment or a school activity. The holder 15 of a provisional operator's permit may operate a motor vehicle on the 16 highways of this state at any hour of the day or night if accompanied by 17 a parent, guardian, or adult at least twenty-one years of age, who has a 18 current Nebraska operator's license or who is licensed in another state. 19 (b) The holder of a provisional operator's permit shall only operate 20 a motor vehicle on the highways of this state during the first six months 21 of holding the permit with no more than one passenger who is not an 22 immediate family member and who is under nineteen years of age. 23 (c) The holder of a provisional operator's permit shall not use any 24 type of interactive wireless communication device while operating a motor 25 vehicle on the highways of this state. 26 (d) Enforcement of subdivisions (a), (b), and (c) of this subsection 27 shall be accomplished only as a secondary action when the holder of the 28 provisional operator's permit has been cited or charged with a violation 29 of some other law. 30 (4) Department personnel or the county treasurer shall collect the 31 LB232 2021 LB232 2021 -24- fee and surcharge prescribed in section 60-4,115 for the issuance of each 1 provisional operator's permit. 2 Sec. 17. Section 60-4,120.02, Revised Statutes Cumulative 3 Supplement, 2020, is amended to read: 4 60-4,120.02 (1) Any person convicted of violating a provisional 5 operator's permit issued pursuant to section 60-4,120.01 by operating a 6 motor vehicle in violation of subsection (3) of such section shall be 7 guilty of an infraction, and such person's may have his or her 8 provisional operator's permit may be revoked by the court pursuant to 9 section 60-496 for a time period specified by the court. Before such 10 person applies for another provisional operator's permit, such person he 11 or she shall pay a reinstatement fee as provided in section 60-499.01 12 after the period of revocation has expired. 13 (2) A copy of an abstract of the court's conviction, including an 14 adjudication, shall be transmitted to the director pursuant to sections 15 60-497.01 to 60-497.04. 16 (3) Any person who holds a provisional operator's permit and has 17 violated subdivision (3)(b) or (c) of section 28-306, subdivision (3)(b) 18 or (c) of section 28-394, or section 28-1254, 60-6,196, 60-6,197, 19 60-6,197.06, or 60-6,198 shall not be eligible for an ignition interlock 20 permit. 21 (4) For purposes of this section, conviction includes any 22 adjudication of a juvenile. 23 Sec. 18. Section 60-4,121, Revised Statutes Cumulative Supplement, 24 2020, is amended to read: 25 60-4,121 (1) The operator's license of any person serving on active 26 duty, other than members of the National Guard or reserves activated for 27 training purposes only, outside the State of Nebraska as a member of the 28 United States Armed Forces, or the spouse of any such person or a 29 dependent of such member of the armed forces, shall be valid during such 30 person's period of active duty and for not more than sixty days 31 LB232 2021 LB232 2021 -25- immediately following such person's date of separation from service. 1 (2) Each individual who is applying for renewal of an his or her 2 operator's license shall submit such individual's his or her previous 3 license to the department personnel or, when the previous license is 4 unavailable, furnish proof of identification in accordance with section 5 60-484. 6 Sec. 19. Section 60-4,122, Revised Statutes Cumulative Supplement, 7 2020, is amended to read: 8 60-4,122 (1) Except as otherwise provided in subsections (2), (3), 9 and (8) of this section, no original or renewal operator's license shall 10 be issued to any person until such person has demonstrated the his or her 11 ability to operate a motor vehicle safely as provided in section 12 60-4,114. 13 (2) Except as otherwise provided in this section and section 14 60-4,127, any person who renews a his or her Class O or Class M license 15 shall demonstrate the his or her ability to drive and maneuver a motor 16 vehicle safely as provided in subdivision (3)(b) of section 60-4,114 only 17 at the discretion of department personnel, except that a person required 18 to use bioptic or telescopic lenses shall be required to demonstrate the 19 his or her ability to drive and maneuver a motor vehicle safely each time 20 such person he or she renews such person's his or her license. 21 (3) Any person who renews a his or her Class O or Class M license 22 prior to or within one year after its expiration may not be required to 23 demonstrate such person's his or her knowledge of the motor vehicle laws 24 of this state as provided in subdivision (3)(c) of section 60-4,114 if 25 such person's his or her driving record abstract maintained in the 26 computerized records of the department shows that such person's license 27 is not impounded, suspended, revoked, or canceled. 28 (4) Except for operators' licenses issued to persons required to use 29 bioptic or telescopic lenses, any person who renews an his or her 30 operator's license which has been valid for fifteen months or less shall 31 LB232 2021 LB232 2021 -26- not be required to take any examination required under section 60-4,114. 1 (5) Any person who renews a state identification card shall appear 2 before department personnel and present such person's his or her current 3 state identification card or shall follow the procedure for electronic 4 renewal in subsection (9) of this section. Proof of identification shall 5 be required as prescribed in sections 60-484 and 60-4,181 and the 6 information and documentation required by section 60-484.04. 7 (6) A nonresident who applies for an initial operator's license in 8 this state and who holds a valid operator's license from another state 9 which is such person's his or her state of residence may not be required 10 to demonstrate his or her knowledge of the motor vehicle laws of this 11 state if such person he or she surrenders to the department such person's 12 his or her valid out-of-state operator's license. 13 (7) An applicant for an original operator's license may not be 14 required to demonstrate his or her knowledge of the motor vehicle laws of 15 this state if such applicant he or she has been issued a Nebraska LPD- 16 learner's permit that is valid or has been expired for no more than one 17 year. The written examination shall not be waived if the original 18 operator's license being applied for contains a class or endorsement 19 which is different from the class or endorsement of the Nebraska LPD- 20 learner's permit. 21 (8)(a) A qualified licensee as determined by the department who is 22 twenty-one years of age or older, whose license expires prior to such 23 licensee's his or her seventy-second birthday, and who has a digital 24 image and digital signature preserved in the digital system may renew a 25 his or her Class O or Class M license twice by electronic means in a 26 manner prescribed by the department using the preserved digital image and 27 digital signature without taking any examination required under section 28 60-4,114 if such renewal is prior to or within one year after the 29 expiration of the license, if such licensee's his or her driving record 30 abstract maintained in the records of the department shows that such 31 LB232 2021 LB232 2021 -27- licensee's person's license is not impounded, suspended, revoked, or 1 canceled, and if such licensee's his or her driving record indicates that 2 such licensee he or she is otherwise eligible. Every licensee, including 3 a licensee who is out of the state at the time of renewal, must apply for 4 renewal in person at least once every sixteen years and have a new 5 digital image and digital signature captured. 6 (b) In order to allow for an orderly progression through the various 7 types of operators' licenses issued to persons under twenty-one years of 8 age, a qualified holder of an operator's license who is under twenty-one 9 years of age and who has a digital image and digital signature preserved 10 in the digital system may apply for an operator's license by electronic 11 means in a manner prescribed by the department using the preserved 12 digital image and digital signature if the applicant has passed any 13 required examinations prior to application, if such applicant's his or 14 her driving record abstract maintained in the records of the department 15 shows that such applicant's person's operator's license is not impounded, 16 suspended, revoked, or canceled, and if such applicant's his or her 17 driving record indicates that such applicant he or she is otherwise 18 eligible. 19 (9) Any person who is twenty-one years of age or older and who has 20 been issued a state identification card with a digital image and digital 21 signature may electronically renew such person's his or her state 22 identification card by electronic means in a manner prescribed by the 23 department using the preserved digital image and digital signature. Every 24 person renewing a state identification card under this subsection, 25 including a person who is out of the state at the time of renewal, must 26 apply for renewal in person at least once every sixteen years and have a 27 new digital image and digital signature captured. 28 (10) In addition to services available at driver license offices, 29 the department may develop requirements for using electronic means for 30 online issuance of operators' licenses and state identification cards to 31 LB232 2021 LB232 2021 -28- qualified holders as determined by the department. 1 Sec. 20. Section 60-4,123, Revised Statutes Cumulative Supplement, 2 2020, is amended to read: 3 60-4,123 (1) Any person who is at least fifteen years of age may 4 apply for an LPD-learner's permit from the department. In order to obtain 5 an LPD-learner's permit, the applicant shall successfully complete a 6 written examination. A person may take the written examination beginning 7 sixty days prior to such person's his or her fifteenth birthday but shall 8 not be issued a permit until such person he or she is fifteen years of 9 age. The written examination may be waived for any person who has been 10 issued an LPE-learner's permit, LPD-learner's permit, or SCP-school 11 permit that has been expired for no more than one year. 12 (2) Upon successful completion of the written examination and the 13 payment of a fee and surcharge as prescribed in section 60-4,115, the 14 applicant shall be issued an LPD-learner's permit as provided in section 15 60-4,113. The permit shall be valid for twelve months. 16 (3)(a) The holder of an LPD-learner's permit shall only operate a 17 motor vehicle on the highways of this state if such holder he or she is 18 accompanied at all times by a licensed operator who is at least twenty- 19 one years of age and who has been licensed by this state or another state 20 and if (i) for all motor vehicles other than autocycles, motorcycles, or 21 mopeds, such holder he or she is actually occupying the seat beside the 22 licensed operator, (ii) in the case of an autocycle, such holder he or 23 she is actually occupying the seat beside or in front of the licensed 24 operator, or (iii) in the case of a motorcycle, other than an autocycle, 25 or a moped, such holder he or she is within visual contact of and under 26 the supervision of, in the case of a motorcycle, a licensed motorcycle 27 operator or, in the case of a moped, a licensed motor vehicle operator. 28 (b) The holder of an LPD-learner's permit shall not use any type of 29 interactive wireless communication device while operating a motor vehicle 30 on the highways of this state. Enforcement of this subdivision shall be 31 LB232 2021 LB232 2021 -29- accomplished only as a secondary action when the holder of the LPD- 1 learner's permit has been cited or charged with a violation of some other 2 law. 3 (4) Department personnel or the county treasurer shall collect the 4 fee and surcharge prescribed in section 60-4,115 for the issuance of each 5 LPD-learner's permit. 6 Sec. 21. Section 60-4,123.01, Revised Statutes Cumulative 7 Supplement, 2020, is amended to read: 8 60-4,123.01 For purposes of driver training, any person who has 9 attained or will attain the age of fourteen years on or before October 15 10 of the current year may operate a motor vehicle, other than an autocycle, 11 upon the highways of this state if such person he or she is accompanied 12 or, in the case of a motorcycle, other than an autocycle, or a moped, 13 supervised at all times by a licensed operator who is a driver training 14 instructor certified by the Commissioner of Education. 15 Sec. 22. Section 60-4,124, Revised Statutes Cumulative Supplement, 16 2020, is amended to read: 17 60-4,124 (1) A person who is younger than sixteen years and three 18 months of age but is older than fourteen years and two months of age may 19 be issued a school permit if such person either resides outside a city of 20 the metropolitan, primary, or first class or attends a school which is 21 outside a city of the metropolitan, primary, or first class and if such 22 person has held an LPE-learner's permit for two months. A school permit 23 shall not be issued until such person has demonstrated that such person 24 he or she is capable of successfully operating a motor vehicle, moped, or 25 motorcycle and has in such person's his or her possession an issuance 26 certificate authorizing the county treasurer to issue a school permit. In 27 order to obtain an issuance certificate, the applicant shall present (a) 28 proof of successful completion of a department-approved driver safety 29 course which includes behind-the-wheel driving specifically emphasizing 30 (i) the effects of the consumption of alcohol on a person operating a 31 LB232 2021 LB232 2021 -30- motor vehicle, (ii) occupant protection systems, (iii) risk assessment, 1 and (iv) railroad crossing safety and (b)(i) proof of successful 2 completion of a written examination and driving test administered by a 3 driver safety course instructor or (ii) a certificate in a form 4 prescribed by the department, signed by a parent, guardian, or licensed 5 driver at least twenty-one years of age, verifying that the applicant has 6 completed fifty hours of lawful motor vehicle operation, under conditions 7 that reflect department-approved driver safety course curriculum, with a 8 parent, guardian, or adult at least twenty-one years of age, who has a 9 current Nebraska operator's license or who is licensed in another state. 10 The department may waive the written examination if the applicant has 11 been issued an LPE-learner's permit or LPD-learner's permit and if such 12 permit is valid or has expired no more than one year prior to 13 application. The written examination shall not be waived if the permit 14 being applied for contains a class or endorsement which is different from 15 the class or endorsement of the LPE-learner's permit. 16 (2) A person holding a school permit may operate a motor vehicle, 17 moped, or motorcycle or an autocycle: 18 (a) To and from where such person he or she attends school, or 19 property used by the school such person he or she attends for purposes of 20 school events or functions, over the most direct and accessible route by 21 the nearest highway from such person's his or her place of residence to 22 transport such person or any family member who resides with such person 23 to attend duly scheduled courses of instruction and extracurricular or 24 school-related activities at the school such person he or she attends or 25 on property used by the school such person he or she attends; or 26 (b) Under the personal supervision of a licensed operator. Such 27 licensed operator shall be at least twenty-one years of age and licensed 28 by this state or another state and shall (i) for all motor vehicles other 29 than autocycles, motorcycles, or mopeds, actually occupy the seat beside 30 the permitholder, (ii) in the case of an autocycle, actually occupy the 31 LB232 2021 LB232 2021 -31- seat beside or behind the permitholder, or (iii) in the case of a 1 motorcycle, other than an autocycle, or a moped, if the permitholder is 2 within visual contact of and under the supervision of, in the case of a 3 motorcycle, a licensed motorcycle operator or, in the case of a moped, a 4 licensed motor vehicle operator. 5 (3) The holder of a school permit shall not use any type of 6 interactive wireless communication device while operating a motor vehicle 7 on the highways of this state. Enforcement of this subsection shall be 8 accomplished only as a secondary action when the holder of the school 9 permit has been cited or charged with a violation of some other law. 10 (4) A person who is younger than sixteen years of age but is over 11 fourteen years of age may be issued an LPE-learner's permit, which permit 12 shall be valid for a period of three months. An LPE-learner's permit 13 shall not be issued until such person successfully completes a written 14 examination prescribed by the department and demonstrates that he or she 15 has sufficient powers of eyesight to safely operate a motor vehicle, 16 moped, or motorcycle or an autocycle. 17 (5)(a) While holding the LPE-learner's permit, the permitholder 18 person may operate a motor vehicle on the highways of this state if (i) 19 for all motor vehicles other than autocycles, motorcycles, or mopeds, he 20 or she has seated next to him or her a person who is a licensed operator 21 is seated next to the permitholder, (ii) in the case of an autocycle, he 22 or she has seated next to or behind him or her a person who is a licensed 23 operator is seated next to or behind the permitholder, or (iii) in the 24 case of a motorcycle, other than an autocycle, or a moped, the 25 permitholder he or she is within visual contact of and is under the 26 supervision of a person who, in the case of a motorcycle, is a licensed 27 motorcycle operator or, in the case of a moped, is a licensed motor 28 vehicle operator. Such licensed motor vehicle or motorcycle operator 29 shall be at least twenty-one years of age and licensed by this state or 30 another state. 31 LB232 2021 LB232 2021 -32- (b) The holder of an LPE-learner's permit shall not use any type of 1 interactive wireless communication device while operating a motor vehicle 2 on the highways of this state. Enforcement of this subdivision shall be 3 accomplished only as a secondary action when the holder of the LPE- 4 learner's permit has been cited or charged with a violation of some other 5 law. 6 (6) Department personnel or the county treasurer shall collect the 7 fee and surcharge prescribed in section 60-4,115 from each successful 8 applicant for a school or LPE-learner's permit. All school permits shall 9 be subject to impoundment or revocation under the terms of section 10 60-496. Any person who violates the terms of a school permit shall be 11 guilty of an infraction and shall not be eligible for another school, 12 farm, LPD-learner's, or LPE-learner's permit until such person he or she 13 has attained the age of sixteen years. 14 (7) Any person who holds a permit issued under this section and has 15 violated subdivision (3)(b) or (c) of section 28-306, subdivision (3)(b) 16 or (c) of section 28-394, or section 28-1254, 60-6,196, 60-6,197, 17 60-6,197.06, or 60-6,198 shall not be eligible for an ignition interlock 18 permit. 19 Sec. 23. Section 60-4,125, Revised Statutes Cumulative Supplement, 20 2020, is amended to read: 21 60-4,125 (1) For any minor convicted or adjudicated of violating the 22 terms of an LPD-learner's permit issued pursuant to section 60-4,123 or 23 an LPE-learner's permit issued pursuant to section 60-4,124, the court 24 shall, in addition to any other penalty or disposition, order the 25 impoundment or revocation of such learner's permit and order that such 26 minor shall not be eligible for another operator's license or school, 27 farm, LPD-learner's, or LPE-learner's permit until such minor he or she 28 has attained the age of sixteen years. 29 (2) Any person who holds an LPD-learner's permit issued pursuant to 30 section 60-4,123 and has violated subdivision (3)(b) or (c) of section 31 LB232 2021 LB232 2021 -33- 28-306, subdivision (3)(b) or (c) of section 28-394, or section 28-1254, 1 60-6,196, 60-6,197, 60-6,197.06, or 60-6,198 shall not be eligible for an 2 ignition interlock permit. 3 (3) A copy of the court's abstract or adjudication shall be 4 transmitted to the director who shall place in an impound status or 5 revoke the LPD-learner's or LPE-learner's permit of such minor in 6 accordance with the order of the court and not again issue another 7 operator's license or school, farm, LPD-learner's, or LPE-learner's 8 permit to such minor until such minor has attained the age of sixteen 9 years. 10 Sec. 24. Section 60-4,126, Revised Statutes Cumulative Supplement, 11 2020, is amended to read: 12 60-4,126 (1) Any person who is younger than sixteen years of age but 13 is over thirteen years of age and resides upon a farm in this state or is 14 fourteen years of age or older and is employed for compensation upon a 15 farm in this state may obtain a farm permit authorizing the operation of 16 farm tractors, minitrucks, and other motorized implements of farm 17 husbandry upon the highways of this state if the applicant for such farm 18 permit furnishes satisfactory proof of age and satisfactorily 19 demonstrates that he or she has knowledge of the operation of such 20 equipment and of the rules of the road and laws respecting the operation 21 of motor vehicles upon the highways of this state. Any person under 22 sixteen years of age but not less than thirteen years of age may obtain a 23 temporary permit to operate such equipment for a six-month period after 24 presentation to the department of a request for the temporary permit 25 signed by the person's parent or guardian and payment of the fee and 26 surcharge prescribed in section 60-4,115. After the expiration of the 27 six-month period, it shall be unlawful for such person to operate such 28 equipment upon the highways of this state unless such person he or she 29 has been issued a farm permit under this section. The fee for an 30 original, renewal, or replacement farm permit shall be the fee and 31 LB232 2021 LB232 2021 -34- surcharge prescribed in section 60-4,115. All farm permits shall be 1 subject to revocation under the terms of section 60-496. Any person who 2 violates the terms of a farm permit shall be guilty of an infraction and 3 shall not be eligible for another school, farm, LPD-learner's, or LPE- 4 learner's permit until such person he or she has attained the age of 5 sixteen years. 6 (2) Any person who holds a permit issued under this section and has 7 violated subdivision (3)(b) or (c) of section 28-306, subdivision (3)(b) 8 or (c) of section 28-394, or section 28-1254, 60-6,196, 60-6,197, 9 60-6,197.06, or 60-6,198 shall not be eligible for an ignition interlock 10 permit. 11 Sec. 25. Section 60-4,144, Revised Statutes Cumulative Supplement, 12 2020, is amended to read: 13 60-4,144 (1) An applicant for issuance of any original or renewal 14 commercial driver's license or an applicant for a change of class of 15 commercial motor vehicle, endorsement, or restriction shall demonstrate 16 such applicant's his or her knowledge and skills for operating a 17 commercial motor vehicle as prescribed in the Motor Vehicle Operator's 18 License Act. An applicant for a commercial driver's license shall provide 19 the information and documentation required by this section and section 20 60-4,144.01. Such information and documentation shall include any 21 additional information required by 49 C.F.R. parts 383 and 391 and also 22 include: 23 (a) Certification that the commercial motor vehicle in which the 24 applicant takes any driving skills examination is representative of the 25 class of commercial motor vehicle that the applicant operates or expects 26 to operate; and 27 (b) The names of all states where the applicant has been licensed to 28 operate any type of motor vehicle in the ten years prior to the date of 29 application. 30 (2)(a) Before being issued a CLP-commercial learner's permit or 31 LB232 2021 LB232 2021 -35- commercial driver's license, the applicant shall provide (i) such 1 applicant's his or her full legal name, date of birth, mailing address, 2 gender, race or ethnicity, and social security number, (ii) two forms of 3 proof of address of such applicant's his or her principal residence 4 unless the applicant is a program participant under the Address 5 Confidentiality Act, except that a nondomiciled applicant for a CLP- 6 commercial learner's permit or nondomiciled commercial driver's license 7 holder does not have to provide proof of residence in Nebraska, (iii) 8 evidence of identity as required by this section, and (iv) a brief 9 physical description of the applicant, and (v) the applicant's gender. 10 Beginning on an implementation date designated by the director, which 11 date shall be on or before January 1, 2022, the applicant's gender shall 12 be indicated as female, male, or not specified and no documentation of 13 gender shall be required himself or herself. 14 (b) The applicant's social security number shall not be printed on 15 the CLP-commercial learner's permit or commercial driver's license and 16 shall be used only (i) to furnish information to the United States 17 Selective Service System under section 60-483, (ii) with the permission 18 of the director in connection with the certification of the status of an 19 individual's driving record in this state or any other state, (iii) for 20 purposes of child support enforcement pursuant to section 42-358.08 or 21 43-512.06, (iv) to furnish information regarding an applicant for or 22 holder of a commercial driver's license with a hazardous materials 23 endorsement to the Transportation Security Administration of the United 24 States Department of Homeland Security or its agent, (v) to furnish 25 information to the Department of Revenue under section 77-362.02, or (vi) 26 to furnish information to the Secretary of State for purposes of the 27 Election Act. 28 (c) No person shall be a holder of a CLP-commercial learner's permit 29 or commercial driver's license and a state identification card at the 30 same time. 31 LB232 2021 LB232 2021 -36- (3) Before being issued a CLP-commercial learner's permit or 1 commercial driver's license, an applicant, except a nondomiciled 2 applicant, shall provide proof that this state is such applicant's his or 3 her state of residence. Acceptable proof of residence is a document with 4 the person's name and residential address within this state. 5 (4)(a) Before being issued a CLP-commercial learner's permit or 6 commercial driver's license, an applicant shall provide proof of 7 identity. 8 (b) The following are acceptable as proof of identity: 9 (i) A valid, unexpired United States passport; 10 (ii) A certified copy of a birth certificate filed with a state 11 office of vital statistics or equivalent agency in the individual's state 12 of birth; 13 (iii) A Consular Report of Birth Abroad issued by the United States 14 Department of State; 15 (iv) A valid, unexpired permanent resident card issued by the United 16 States Department of Homeland Security or United States Citizenship and 17 Immigration Services; 18 (v) An unexpired employment authorization document issued by the 19 United States Department of Homeland Security; 20 (vi) An unexpired foreign passport with a valid, unexpired United 21 States visa affixed accompanied by the approved form documenting the 22 applicant's most recent admittance into the United States; 23 (vii) A Certificate of Naturalization issued by the United States 24 Department of Homeland Security; 25 (viii) A Certificate of Citizenship issued by the United States 26 Department of Homeland Security; 27 (ix) A driver's license or identification card issued in compliance 28 with the standards established by the REAL ID Act of 2005, Public Law 29 109-13, division B, section 1, 119 Stat. 302; or 30 (x) Such other documents as the director may approve. 31 LB232 2021 LB232 2021 -37- (c) If an applicant presents one of the documents listed under 1 subdivision (b)(i), (ii), (iii), (iv), (vii), or (viii) of this 2 subsection, the verification of the applicant's identity will also 3 provide satisfactory evidence of lawful status. 4 (d) If the applicant presents one of the identity documents listed 5 under subdivision (b)(v), (vi), or (ix) of this subsection, the 6 verification of the identity documents does not provide satisfactory 7 evidence of lawful status. The applicant must also present a second 8 document from subdivision (4)(b) of this section, a document from 9 subsection (5) of this section, or documentation issued by the United 10 States Department of Homeland Security or other federal agencies 11 demonstrating lawful status as determined by the United States 12 Citizenship and Immigration Services. 13 (e) An applicant may present other documents as designated by the 14 director as proof of identity. Any documents accepted shall be recorded 15 according to a written exceptions process established by the director. 16 (5)(a) Whenever a person is renewing, replacing, upgrading, 17 transferring, or applying as a nondomiciled individual to this state for 18 a CLP-commercial learner's permit or commercial driver's license, the 19 Department of Motor Vehicles shall verify the citizenship in the United 20 States of the person or the lawful status in the United States of the 21 person. 22 (b) The following are acceptable as proof of citizenship or lawful 23 status: 24 (i) A valid, unexpired United States passport; 25 (ii) 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, Puerto Rico, the Virgin Islands, Guam, American Samoa, or the 28 Commonwealth of the Northern Mariana Islands; 29 (iii) A Consular Report of Birth Abroad issued by the United States 30 Department of State; 31 LB232 2021 LB232 2021 -38- (iv) A Certificate of Naturalization issued by the United States 1 Department of Homeland Security; 2 (v) A Certificate of Citizenship issued by the United States 3 Department of Homeland Security; or 4 (vi) A valid, unexpired Permanent Resident Card issued by the United 5 States Department of Homeland Security or United States Citizenship and 6 Immigration Services. 7 (6) An applicant may present other documents as designated by the 8 director as proof of lawful status. Any documents accepted shall be 9 recorded according to a written exceptions process established by the 10 director. 11 (7)(a) An applicant shall obtain a nondomiciled CLP-commercial 12 driver's license or nondomiciled CLP-commercial learner's permit: 13 (i) If the applicant is domiciled in a foreign jurisdiction and the 14 Federal Motor Carrier Safety Administrator has not determined that the 15 commercial motor vehicle operator testing and licensing standards of that 16 jurisdiction meet the standards contained in subparts G and H of 49 17 C.F.R. part 383; or 18 (ii) If the applicant is domiciled in a state that is prohibited 19 from issuing commercial learners' permits and commercial drivers' 20 licenses in accordance with 49 C.F.R. 384.405. Such person is eligible to 21 obtain a nondomiciled CLP-commercial learner's permit or nondomiciled 22 commercial driver's license from Nebraska that complies with the testing 23 and licensing standards contained in subparts F, G, and H of 49 C.F.R. 24 part 383. 25 (b) An applicant for a nondomiciled CLP-commercial learner's permit 26 and nondomiciled commercial driver's license must do the following: 27 (i) Complete the requirements to obtain a CLP-commercial learner's 28 permit or a commercial driver's license under the Motor Vehicle 29 Operator's License Act, except that an applicant domiciled in a foreign 30 jurisdiction must provide an unexpired employment authorization document 31 LB232 2021 LB232 2021 -39- issued by the United States Citizenship and Immigration Services or an 1 unexpired foreign passport accompanied by an approved I-94 form 2 documenting the applicant's most recent admittance into the United 3 States. No proof of domicile is required; 4 (ii) After receipt of the nondomiciled CLP-commercial learner's 5 permit or nondomiciled commercial driver's license and, for as long as 6 the permit or license is valid, notify the Department of Motor Vehicles 7 of any adverse action taken by any jurisdiction or governmental agency, 8 foreign or domestic, against such applicant's his or her driving 9 privileges. Such adverse actions include, but are not limited to, license 10 disqualification or disqualification from operating a commercial motor 11 vehicle for the convictions described in 49 C.F.R. 383.51. Notifications 12 must be made within the time periods specified in 49 C.F.R. 383.33; and 13 (iii) Provide a mailing address to the Department of Motor Vehicles. 14 If the applicant is applying for a foreign nondomiciled CLP-commercial 15 learner's permit or foreign nondomiciled commercial driver's license, 16 such applicant he or she must provide a Nebraska mailing address and the 17 his or her employer's mailing address of such applicant's employer to the 18 Department of Motor Vehicles. 19 (c) An applicant for a nondomiciled CLP-commercial learner's permit 20 or nondomiciled commercial driver's license who holds a foreign 21 operator's license is not required to surrender the his or her foreign 22 operator's license. 23 (8) Any person applying for a CLP-commercial learner's permit or 24 commercial driver's license may answer the following: 25 (a) Do you wish to register to vote as part of this application 26 process? 27 (b) Do you wish to have a veteran designation displayed on the front 28 of your operator's license to show that you served in the armed forces of 29 the United States? (To be eligible you must register with the Nebraska 30 Department of Veterans' Affairs registry.) 31 LB232 2021 LB232 2021 -40- (c) Do you wish to include your name in the Donor Registry of 1 Nebraska and donate your organs and tissues at the time of your death? 2 (d) Do you wish to receive any additional specific information 3 regarding organ and tissue donation and the Donor Registry of Nebraska? 4 (e) Do you wish to donate $1 to promote the Organ and Tissue Donor 5 Awareness and Education Fund? 6 (9) Application for a CLP-commercial learner’s permit or commercial 7 driver's license shall include a signed oath, affirmation, or declaration 8 of the applicant that the information provided on the application for the 9 permit or license is true and correct. 10 (10) Any person applying for a CLP-commercial learner's permit or 11 commercial driver's license must make one of the certifications in 12 section 60-4,144.01 and any certification required under section 60-4,146 13 and must provide such certifications to the Department of Motor Vehicles 14 in order to be issued a CLP-commercial learner's permit or a commercial 15 driver's license. 16 (11) Every person who holds any commercial driver's license must 17 provide to the department medical certification as required by section 18 60-4,144.01. The department may provide notice and prescribe medical 19 certification compliance requirements for all holders of commercial 20 drivers' licenses. Holders of commercial drivers' licenses who fail to 21 meet the prescribed medical certification compliance requirements may be 22 subject to downgrade. 23 Sec. 26. Original sections 60-490 and 60-491, Reissue Revised 24 Statutes of Nebraska, and sections 60-484, 60-484.02, 60-484.04, 25 60-484.05, 60-486, 60-487, 60-4,114.01, 60-4,117, 60-4,118, 60-4,118.03, 26 60-4,118.05, 60-4,119, 60-4,120, 60-4,120.01, 60-4,120.02, 60-4,121, 27 60-4,122, 60-4,123, 60-4,123.01, 60-4,124, 60-4,125, 60-4,126, and 28 60-4,144, Revised Statutes Cumulative Supplement, 2020, are repealed. 29 LB232 2021 LB232 2021 -41-